cover
Contact Name
Yusuf Wisnu Mandaya
Contact Email
wisnumandaya@unissula.ac.id
Phone
+6282137137002
Journal Mail Official
ldj@unissula.ac.id
Editorial Address
Faculty of Law Sultan Agung Islamic University Magister of Law, 2nd Floor Imam Asy Syafei Building, Faculty of Law, Sultan Agung Islamic University Jl. Raya Kaligawe Km. 4 Semarang
Location
Kota semarang,
Jawa tengah
INDONESIA
Law Development Journal
ISSN : -     EISSN : 27472604     DOI : http://dx.doi.org/10.30659
Core Subject : Humanities, Social,
The aims of this journal is to provide a venue for academicians, researchers and practitioners for publishing the original research articles or review articles. The focus and scope of the articles published in this journal deal with a broad range of topics, including: Criminal Law; Civil Law; International Law; Constitutional Law; Administrative Law; Agrarian Law Criminal Procedural Law Civil Procedural Law Constitutional Law Islamic Law; Akhwalus Syakhsyiyah Law; Munakahat Law; Faraidh/Mawaris Law; Army/Military Law; Sea Law; Economic Law; Medical Law; Custom Law; Environmental Law, etc.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 414 Documents
The Urgency of Fostering and Oversight of the Notary Honorary Council in Samarinda City Agustin, Ranti Tri; Mahmudah, Siti
Law Development Journal Vol 5, No 3 (2023): September 2023
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.5.3.%p

Abstract

The guidance and supervision contained in the function of the Notary's Honorary Council really helps maintain the integrity of a notary, ideal guidance of course reduces the level of reporting to the authorized parties regarding notaries regarding legal actions carried out, and the supervision process is to require notaries to make improvements and be accountable for their actions. The following research problem is related to the urgency of guidance and supervision by MKN in the city of Samarinda. The research approach used by the author is a normative juridical approach and a bibliographic data collection method. The approach used is a statutory approach, carried out by reviewing all existing laws and regulations related to the legal issues being handled.
Gift Cards Fraud: Challenges and Strategies for Consumer Protection in the Digital Age Prayuti, Yuyut
Law Development Journal Vol 5, No 4 (2023): December 2023
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.5.4.484-495

Abstract

The prepaid card industry in Indonesia, particularly gift cards, has exhibited significant growth in recent years. In 2023, the industry is projected to grow by 10.6% annually, reaching an estimated value of approximately US$1,958.4 million. The Indonesian gift card market recorded a Compound Annual Growth Rate (CAGR) of 11.4% from 2018 to 2022. The susceptibility of gift cards to fraud is a significant concern due to several intrinsic characteristics. This study aims to identify the various challenges in gift card payment fraud and analyze preventative strategies that could prove effective in addressing this issue. The research method used is normative juridical with a statute approach, case approach, analytical approach, and comparative approach. The conclusion of this paper emphasizes the importance of a holistic approach to addressing payment fraud using gift cards. The significant growth of the gift card industry in Indonesia must be accompanied by improved security and consumer education. This comprehensive approach is expected to close the loopholes exploited by fraudsters and result in effective consumer protection.
The Design of Consumer Legal Protection Arrangements in Indonesia Based on Artificial Intelligence Suharyono, Suharyono; Hayatuddin, Khalisah; Is, Muhamad Sadi; Sobandi, Sobandi
Law Development Journal Vol 6, No 1 (2024): March 2024
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.6.1.35-52

Abstract

The consumer protection in Indonesia from year-to-year increased weakness, based on the data from the Ministry of Industry and Trade of the Republic of Indonesia that the percentage of consumer complaint services in 2022 increased by 93%. Then, the data from the Indonesian Consumers Foundation (YLKI) in 2022 received 882 consumer complaints in Indonesia. This number increased by 64.86% compared to 2021 with 535 complaints. This article aimed to identify and analyse how to design legal protection arrangements for consumers in Indonesia based on Artificial Intelligence (AI). The results of the study showed that the design of legal protection arrangements for consumers in Indonesia was based on Artificial Intelligence (AI), by revising the Law No. 8 of 1999 concerning Consumer Protection, by including articles that accommodated Artificial Intelligence in legal protection of consumers in Indonesia, both carried out by the Indonesian Consumers Foundation (YLKI) and by the Consumer Dispute Settlement Agency (BPSK), which guaranteed fairness, certainty and benefits for both consumers and for business actors in Indonesia.
The Effectiveness of the Prosecution of Narcotics Crime at the Pati District Attorney Putri, Riztyananda Siswoyo
Law Development Journal Vol 4, No 4 (2022): December 2022
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.4.4.574-584

Abstract

The application of imprisonment for abusers, especially narcotics addicts, is seen as an inappropriate action because imprisonment only gives grief to the perpetrator without curing his dependence on narcotics. This writing aims to analyze the effectiveness of the prosecution of narcotics crimes at the Pati District Attorney's Office in the conception of legal certainty, obstacles to the implementation of prosecutions for narcotics crimes at the Pati District Attorney's Office and their solutions. The approach used in this study is a sociological juridical approach, namely by finding legal realities experienced in the field or an approach that is based on problems regarding juridical matters and existing facts. The research specification used in this research is descriptive analysis. Using descriptive qualitative is one of the types of research that is included in the type of qualitative research. The analytical knife in this paper uses the theory of legal effectiveness and legal certainty. The results of the research show that the effectiveness of the implementation of the prosecution runs well and effectively as long as the Public Prosecutor carries out according to statutory regulations. The effectiveness of the prosecution of narcotics crimes at the Pati District Attorney can run well and effectively if it is carried out in accordance with applicable laws and regulations and pays attention to the implementation carried out by the Attorney General's Office, and the role of the community in helping uncover criminal acts.
The Law Enforcement of Stock Pump and Dump Practices by Influencers through Act No. 4 of 2023 concerning Development and Strengthening of the Financial Sector Sitorus, Yosua Audric Matthew; Dirkareshza, Rianda
Law Development Journal Vol 5, No 4 (2023): December 2023
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.5.4.496-514

Abstract

The practice of stock pump and dump involving influencers such as Belvin Tannadi has become a significant concern in Indonesia following the introduction of the P2SK Law, which expands the legal scope of this practice. This article aims to examine the legal implications of pump and dump practices by influencers in Indonesia, particularly after the revision of Act No. 8 of 1995 as amended by Act No. 4 of 2023 on the Development and Strengthening of the Financial Sector (P2SK Law). This research uses a normative legal approach by applying a statute approach and a case approach to analyze the legal ramifications of pump and dump practices by influencers and their law enforcement in Indonesia. The results show that the perpetrators of the practice of pump and dump shares, especially influencers who violate this provision, may be subject to severe sanctions as stipulated in Article 22 paragraph (43) of the P2SK Law in conjunction with Article 104 of the PM Law with a minimum imprisonment of 5 years to a maximum of 15 years and a minimum fine of five billion rupiah and a maximum of one hundred and fifty billion rupiah. Although Indonesia has taken a step forward in capital market regulation by removing the word "material" from the P2SK Law, law enforcement against this practice still needs to improve speed and firmness. The Belvin Tannadi case demonstrates that the OJK needs to take tangible action, whereas, in the United States, law enforcement appears to be more efficient. Furthermore, safeguarding the integrity of Indonesia's capital market and investors from harmful practices hinges on collaboration among law enforcement agencies, prioritizing investor education, and enhancing transparency and accountability in handling cases.
Differences in the Application of the Right of Ijbar Based on Fiqh and Law No. 39/1999 on Human Rights Prastio, Ary Darma; Lubis, Fauziah
Law Development Journal Vol 5, No 4 (2023): December 2023
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.5.4.674-686

Abstract

This study aims to find out about the differences in the application of ijbar rights according to fiqh and Law No.39 of 1999 concerning Human Rights, how the legal rules of ijbar rights based on fiqh and Law No.39 of 1999, whether the application of ijbar rights based on fiqh and Law No.39 of 1999 is in line, whether there is special protection for women who are forced to marry by guardians, what are the negative impacts of the application of ijbar rights on the harmony of a marriage. The research method used is library research. Many guardians abuse the right of ijbar and lead to forced marriage, while according to Law No.39 of 1999 a child also has full rights over his survival, one of which is to choose his life partner. With regard to the provisions of the mujbir guardian, the majority of fiqh scholars, such as the maliki, shafi'i, and hambali circles allow the right of ijbar by a guardian to a child or person under his guardianship to marry even without the child's permission, this is very contrary to Law No.39 of 1999.
Conceptualizing Intellectual Property Laws as A Bankruptcy Property (Beodel) In Indonesian Laws: A Normative Juridical Approach Nainggolan, Bernard
Law Development Journal Vol 4, No 4 (2022): December 2022
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.4.4.611-626

Abstract

This research examines the ramifications of bankruptcy on Intellectual Property Rights (IPRs) and underscores the necessity of safeguarding asset owners' rights within the bankruptcy process. By utilizing two primary methodologies, namely the normative juridical approach and the conceptual approach, the study evaluates the legal framework governing IPRs in the context of bankruptcy. Employing a normative juridical research methodology, the study draws upon primary, secondary, and tertiary legal literature. The primary focus of this research is on the legal provisions concerning the preservation of Intellectual Property Rights amidst bankruptcy proceedings. The findings underscore the crucial role of coordination among asset owners, creditors, and the judiciary in resolving bankruptcy cases involving IPRs. Protection of these rights is paramount not only within bankruptcy contexts but also amid the broader landscape of globalization and international trade dynamics. Collaborative efforts involving governments, legal institutions, international organizations, and industry stakeholders are essential to foster growth, innovation, and uphold values of environmental sustainability and responsibility within the industry. Adequate protection of IPRs serves as a catalyst for stimulating innovation and creativity, while simultaneously ensuring environmental sustainability and promoting inclusive economic growth.
Juridical Implications on the Implementation of Marriages What is not Recorded at the Office of Religious Affairs in the Conception of Legal Certainty Gultom, Maria Yosephine; Tri Bawono, Bambang
Law Development Journal Vol 6, No 2 (2024): June 2024
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.6.2.283-312

Abstract

Sirri marriages, which are often not registered under Indonesian positive law, create legal complexities that have the potential to harm the rights of the individuals involved, especially children. Even though in Islamic teachings, this kind of marriage is considered legal, Indonesia's positive legal perspective views it differently. This gives rise to a number of problems that threaten children's welfare, such as the lack of legal certainty regarding marital status, maintenance rights and inheritance rights. At the national legal level, Law No. 16 of 2019 concerning Amendments to Law No. 1 of 1974 concerning Marriage and regulations related to children's rights, such as Law No. 39 of 1999 concerning Human Rights, emphasize the importance of the protection and welfare of children. This research aims to identify and analyze the legal implications of unregistered marriages on the rights of the individuals involved, especially the rights of children. The focus of the research will be on legal certainty regarding marital status, maintenance rights and inheritance rights for children born from unregistered marriages. This research takes a normative juridical approach to examine positive criminal law regulations related to the criminalization of unregistered marriages, with a focus on the protection of wives and children. Using a legislative approach and a comparative approach, this research compares the legal rules of other countries to fill in legal ambiguities. Primary legal materials based on the 1945 Constitution of the Republic of Indonesia, the Criminal Code, and other related laws. Data collection methods include literature studies, documents and limited interviews to gain a deeper understanding. Data analysis was carried out using qualitative methods to produce a comprehensive understanding of the phenomenon studied. This research aims to contribute ideas and solutions that can be used in the context of positive criminal law regarding unregistered marriages to prevent harm to the family. The absence of marriage registration can also result in children born from the marriage experiencing difficulties in obtaining their legal rights. For example, the right to inheritance or the right to receive social assistance provided by the government. Without official proof in the form of a marriage record, these children may have difficulty proving their familial relationship with their parents. This can lead to injustice and difficulties in obtaining the rights they should get as Indonesian citizens. Thus, marriages that are not registered at the religious affairs office can have serious consequences for legal certainty, protection of individual rights, and family welfare as a whole. overall. Therefore, it is important for every married couple to ensure that their marriage is officially registered at the authorized office in accordance with the legal provisions in force in Indonesia.
The Legal Protection of Personal Data in the Perspective of Human Rights Suwondo, Denny
Law Development Journal Vol 5, No 4 (2023): December 2023
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.5.4.419-429

Abstract

In the history of its development, privacy is a concept that is universal and recognized in various countries both written in the form of laws and unwritten in the form of moral rules. Protection of personal rights or private rights will increase human values, improve the relationship between individuals and their communities, increase independence or autonomy to exercise control and obtain decency, and increase tolerance and keep away from discrimination and limit government power. The purpose of this research is to discuss the Construction of Personal Data Protection Arrangement in Indonesia and Personal Data Protection from Human Rights Perspective. Law No. 27 of 2022 on Personal Data Protection, it can be observed that there is some progressiveness regarding personal data in Indonesia. It can be seen in terms of legal politics, understanding, information, personal data processors, personal data controllers, and personal data subjects who are not only people but also companies / legal entities. So that the politics of law in this arrangement can be seen in the active role of the government starting from regulation, storage, processing, transfer, to countermeasures both preventively and repressively (imposition of sanctions). Novelty in this research is that regulatory efforts related to the right to privacy of personal data are a manifestation of the recognition and protection of basic human rights. Therefore, the preparation of the Law on Personal Data Protection has a strong philosophical foundation and can be accounted.
Evolving Threats, Evolving Laws: Balancing Rights and Security in Indonesia's Terror Law and Counterterrorism Strategy Hasibuan, Hoiruddin; Handoko, Waluyo; Sagor, Anwar Hossan
Law Development Journal Vol 4, No 4 (2022): December 2022
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.4.4.596-610

Abstract

This research examines the legal approach to terrorism in Indonesia, focusing on the regulatory framework established by Government Regulation in Lieu of Law No. 1 and No. 2 of 2002, later amended into Law No. 15 of 2003. The background of the study involves a series of terrorism events, such as the Bali bombings in October 2002, prompting the government to respond with significant legal changes. The aim of this research is to analyze the impact and effectiveness of legal changes in addressing terrorism, considering both preventive and repressive aspects. The research method involves analyzing legal texts and related documents, utilizing a descriptive approach to understand the implementation of these laws. The problem formulations include evaluating the concepts of counter-radicalization and deradicalization as preventive strategies, as well as examining the sustainability of law enforcement efforts and terrorism financing. The research findings indicate that existing laws reflect the government's responsibility to protect citizens and secure the territory from cross-border terrorist threats. However, there are criticisms of the universal definition of terrorism and substantial weaknesses in the Terrorism Law, including aspects of criminal procedural law and human rights. In conclusion, there is a need for improvements in positive law, including the possibility of amending the Terrorism Law to ensure an effective response to evolving and complex terrorism threats.