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Law Development Journal
Published by Universitas Islam Sultan Agung
ISSN : -     EISSN : 27472604     DOI : http://dx.doi.org/10.30659
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice
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
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Analysis of the Impact of Financial Services Authority Regulations on the Development of the Financial Industry in Indonesia Poernomo, Harry; Prasadjaningsih, Mc oetami
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.6.1.126-133

Abstract

This research aims to analyze the impact of Financial Services Authority (OJK) regulations on the growth of the banking sector and the improvement of financial literacy and inclusion in Indonesia. The research was conducted using a qualitative method and a normative approach. Data were obtained through literature studies of laws and regulations, literature, journals, and other relevant sources. The results showed that OJK regulations have a significant influence on banking growth, although the impact is not always positive. On the other hand, OJK's efforts to improve financial literacy and inclusion through various policies are considered to have not yet yielded optimal results. A balanced regulatory formulation, cross-sector policy coordination, and policy breakthroughs are needed so that the implementation of financial literacy and inclusion is more effective. This research is expected to provide input for regulators in formulating policies that support the growth of the Indonesian financial services sector.
Legal Consequences for House Ownership Credit (KPR) Debtors Related to Certificates That Have Not Been Transferred to Their Name Until The Credit Has Been Paid Off Munthe, Duma Sinta Uli; Rahayu, Mella Ismelina Farma
Law Development Journal Vol 6, No 4 (2024): December 2024
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.6.4.608-614

Abstract

In everyday life, humans need a place to live as one of the three basic needs to support their lives. Humans need a house as a shelter to provide a sense of security. The 1945 Constitution of the Republic of Indonesia also guarantees the fulfillment of a decent and healthy place to live for everyone. However, not everyone has the financial ability to buy a house, so banks are present as an alternative that offers assistance facilities in the form of Home Ownership Credit (KPR). In practice, KPR transactions do not always run smoothly, sometimes there are obstacles or disputes faced by the parties. One of them is when the debtor has paid off his credit at the bank but the debtor has not received a certificate for the assets that have been paid off for years. The causes vary, one of which is because the name has not been changed on the certificate. This certainly has a detrimental impact on the debtor. This study discusses the legal consequences for KPR debtors who have paid off their KPR installments but the certificate is still not in the hands of the debtor. In the context of civil law, a certificate is valid evidence and provides legal certainty regarding a person's ownership of their property. The research method used is normative juridical by referring to the laws and regulations in force in Indonesia. The research was conducted by means of a literature study of secondary data sources. The results of the study indicate that certificates that have not been submitted to debtors because they have not been transferred can be detrimental to debtors legally because the debtor does not have legal certainty over the land he has purchased so that the debtor can request compensation and accountability from the developer and bank in accordance with the provisions of laws and regulations, especially Law No. 8 of 1999 concerning Consumer Protection.
Copyright Protection of Cinematographic Works Due to Piracy of Spoiler Films Through the TikTok Application Amrullah, Muchlis; Wahyuni, Ridha
Law Development Journal Vol 6, No 4 (2024): December 2024
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.6.4.539-552

Abstract

This study aims to analyze legal protection and legal remedies due to spoiler film piracy through the Tiktok application, referring to Law No. 28 of 2014 concerning Copyright. The phenomenon of violations of film spoiler practices in the form of content through the TikTok platform has a negative impact on creators or copyright holders. Both morally and economically. In this case, of course, legal protection of cinematographic works must be enforced. Although legal regulations related to copyright of cinematographic works are available, in reality many people pirate spoiler films. This study uses a normative juridical method by reviewing theories, concepts, legal principles and related laws and regulations. The results of this study conclude that the protection and enforcement of copyright law for cinematographic works in the form of preventive and repressive, by providing licenses, supervision and law enforcement based on the perspective of Law No. 28 of 2014 concerning Copyright. The study shows that film spoilers in the form of content on the Tiktok application are very easy to use and the government is not firm in supervising electronic system providers, in this case Tiktok. Therefore, more effective supervision and law enforcement are needed to combat future film spoilers.
The Criminal Acts of Perpetrators for Threats on the Social Media Perwitasari, Dinda Tri Novia; Hapsari, Ifahda Pratama
Law Development Journal Vol 6, No 4 (2024): December 2024
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.6.4.419-433

Abstract

This study aims to learn more about the criminal provisions applied and identify the nature of the criminal consequences for perpetrators of threats in Indonesia, especially on social media by considering the elements of criminal acts and legal subjects. The writing method uses normative legal techniques. To resolve legal disputes, conceptual and legislative frameworks are used. The novelty of this research lies in the discussion of a broader scope, namely regarding the basis for criminal responsibility of perpetrators of threats and elements of criminal acts for perpetrators of threats in Indonesia. Based on the research concluded It is proven from the results that an act of threat and insult on social media can be subject to the articles regulated by Law No. 19 of 2016 (Articles 29 and 45B) concerning ITE has provided sanctions in accordance with a criminal penalty of no more than four (4) years in prison or a fine of 7,500,000 rupiah (Rp). On the other hand, when it comes to finding out how those who insult or threaten others in Indonesia may face criminal charges, it is not only seen from the elements but it is important to see it from the perspective of the legal subject. So that perpetrators who meet the requirements for criminal responsibility for threats on social media are required to be responsible for their actions before the law.
Implementation of The Justice Restoration System Towards Labor Crimes in the Framework of Labor Law Enforcement Aminy, Risya Ainun Zakiyah; Karsona, Agus Mulya; Singadimedja, Holyness
Law Development Journal Vol 6, No 4 (2024): December 2024
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.6.4.553-575

Abstract

This research is motivated by the need for the application of restorative justice in resolving cases of labor crimes in Indonesia. This approach is considered a more effective alternative in achieving justice that prioritizes recovery and dialogue between perpetrators, victims, and the community concerned. Currently, many cases of labor violations such as below-standard wages, unilateral termination of employment, and violations of basic workers' rights have not been resolved properly through the formal justice system. Therefore, restorative justice is expected to provide a more inclusive and humane solution compared to the retributive approach which only focuses on punishment. This study uses a normative legal method with a literature study approach and descriptive qualitative data analysis. The normative legal method involves an analysis of existing legal principles, theories, and rules. Primary legal materials used include laws and regulations such as the Employment Law and regulations related to restorative justice. Secondary legal materials include scientific literature, articles, and journals related to the topic being studied. While tertiary legal materials consist of legal dictionaries and encyclopedias that support the understanding of the legal concepts discussed. Data collection from various literature, books, journals, and legal documents related to restorative justice and employment law. The results of the study indicate that the application of restorative justice in employment cases can provide a more humane and equitable solution, by prioritizing the restoration of losses experienced by victims and the restoration of social relations in the workplace. However, there are a number of obstacles in its implementation, such as the lack of understanding of law enforcers and limited regulations that support this approach. Based on these findings, this study suggests strengthening the capacity of law enforcers and the preparation of clearer regulations to encourage the optimization of the application of restorative justice in resolving employment crimes. This study is expected to contribute to the development of a more inclusive and responsive law enforcement concept to the needs of the working community in Indonesia.
Unheard Voices: Analyzing Non-Compliance with the FPIC Principle in Protecting Indigenous Peoples’ Rights in Indonesia Remal Agungta Ketaren, Saher; Prawira, M. Rizki Yudha
Law Development Journal Vol 6, No 4 (2024): December 2024
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.6.4.478-502

Abstract

This study aims to investigate the implementation of the Free, Prior, Informed, and Consent (FPIC) principle as a measure to protect the rights of indigenous communities in Indonesia, by analyzing Decision No. 6/G/LH/2023/PTUN.JPR. In Indonesia, indigenous communities still seem to be overlooked, as their right to make decisions about projects within their traditional territories remains unacknowledged. This situation calls for urgent discussion, as violations of indigenous rights continue to occur, despite such rights are protected by the Constitution of the Republic of Indonesia. This research employs a normative legal approach. The findings, derived from Decision No. 6/G/LH/2023/PTUN.JPR, indicate that the Defendant proceeded to issue the disputed object without facilitating any discussion among the government, company, and the indigenous community. Furthermore, the Second Intervening Defendant failed to include the Plaintiff in the Environmental Impact Assessment (Amdal) process. Additionally, the panel of judges issued a decision that did not adhere to the Guidelines for Adjudicating Environmental Cases. These actions collectively contravene the principle of Free, Prior, and Informed Consent (FPIC), which is mandated by both international and national legal frameworks, underscoring the importance of obtaining consent and ensuring participation from indigenous communities.
Implementation of Google Play Billing (GPB) for Indonesian Developers and Consumers based on Law No. 5 of 1999 Concerning Monopoly Practices Suhanda, Ariq Naufal Attalah; Tarina, Dwi Desi Yayi
Law Development Journal Vol 6, No 4 (2024): December 2024
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.6.4.576-587

Abstract

This study aims to analyze the Google Play Billing (GPB) policy implemented by Google towards developers and consumers in Indonesia in the context of Law No. 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition. This policy requires developers to use the Google Play Store internal payment system with a commission rate of 15-30%. This policy is considered to limit the freedom of developers in determining monetization methods and suppress their competitiveness, especially for small developers who have limited resources. The research method used is normative juridical with a statutory approach and case studies. Data were collected from regulations, official documents, and literature reviews. The analysis was carried out on relevant regulations and related legal cases, such as case 03/KPPU-I/2024 which is currently being handled by the KPPU. The results of the study show that the GPB policy has the potential to violate the principles of fair business competition, especially regarding abuse of dominant position and conditional sales practices (tying). This policy also creates barriers to market entry for new developers and limits the choice of payment methods for consumers, which has an impact on high prices for digital services and reduced innovation and diversity of applications. The conclusion of this study confirms the need for strong regulatory intervention to ensure a fairer, more transparent and competitive digital ecosystem. The novelty of this study is an in-depth analysis of the relevance of GPB policies to the legal framework for competition in Indonesia and policy recommendations that support local innovation and consumer protection.
Criminal Policy on Prevention of Child Exploitation in the Form of Donation Requests through the TikTok Platform Larasati, Ayu; Wahyudi, Slamet Tri
Law Development Journal Vol 6, No 4 (2024): December 2024
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.6.4.503-513

Abstract

The development of digital technology, especially the TikTok social media platform, has created new loopholes for child exploitation, one of which is through the practice of requesting donations involving orphanage children. This study aims to analyze the causal factors of child exploitation on TikTok Media. Using a normative legal research method with a legislative approach and a conceptual approach, this study analyzes various legal instruments related to child protection and examines preventive efforts outside the realm of criminal law. The results of the study indicate that although criminal law instruments are available through Law No. 35 of 2014 concerning Child Protection, it is necessary to strengthen non-penal policies through multi-party collaboration between the government, social media platforms, and the community to create a more comprehensive child protection system in the digital era.
The Legal Implications for Authentic Deeds Declared to be False Royce, Pasma; Sudiro, Amad
Law Development Journal Vol 6, No 4 (2024): December 2024
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.6.4.434-447

Abstract

A notary is an official who is authorized to make authentic deeds. An authentic deed is a deed whose proof is strong in court. As a Notary, caution is important, because the Notary is responsible for the deed and the parties who sign the deed. The problem faced in this study is how to be responsible for the falsification of the contents of the deed and signatures carried out by the parties by the notary and the plaintiff in the Surabaya District Court Decision Number 237/Pid.B/2021/PN. Sby and what are the legal implications for authentic deeds that are declared fake in the Surabaya District Court Decision Number 2370/Pid.B/2021/PN. Sby. The research method used in this writing is the research of normative juridical law. The results of the study show that if a Notary while carrying out his office commits a violation that causes losses to the parties or third parties, then a Notary can be sanctioned in the form of civil sanctions contained in Article 84 and sanctions of the code of ethics for the position of Notary or administrative in Article 85. The Notary Position Law only regulates Civil Sanctions and Code of Ethics Sanctions for Notary Positions, it does not mention the existence of Criminal Sanctions that can be given to a Notary. However, criminal sanctions can also be imposed on the Notary, if the act committed meets the elements of a criminal act. As with the process of imposing witnesses, it is necessary to prove the charges that are accused of the Notary, which in the imposition of witnesses and the authority to examine and adjudicate is the code of ethics assembly, while the criminal sanctions or civil sanctions that examine and adjudicate are the courts. Legal implications for authentic deeds that are deliberately filled with false information in their creation, the notary deed is null and void by court decision and the deed becomes degraded from the original authentic deed to a deed under hand. 
The Considerations Analysis of Different PTUN and MA Decisions which are Detrimental to Insurance Consumers Kusumah, Rio Hadi; Haryanto, Imam
Law Development Journal Vol 6, No 4 (2024): December 2024
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.6.4.588-599

Abstract

This study discusses the differences between the Supreme Court (MA) Decision Number 647 K/Pdt.Sus-Pailit/2021 and the Jakarta PTUN Decision Number 475/G/2023/PTUN.JKT related to the case of PT Asuransi Jiwa Kresna (Kresna Life) and its impact on the protection of insurance consumer rights. This study uses a normative legal method with a statute approach and a case study approach. Data were collected through a literature study covering laws and regulations, court decisions, and expert opinions related to the insurance industry. In general, the MA Decision annulled the determination of the Suspension of Debt Payment Obligations (PKPU) filed by individual creditors, stating that the settlement of obligations must be supervised by the Financial Services Authority (OJK) through a liquidation mechanism. Conversely, the Jakarta PTUN annulled the decision to revoke Kresna Life's business license by the OJK, thus prolonging legal uncertainty for policyholders. As a result of these conflicting decisions, the liquidation process that should guarantee the return of claim funds to policyholders is hampered, and consumer rights are difficult to realize. The results of the study show that the differences in these decisions weaken the authority of the OJK as a regulator, as stipulated in Law No. 4 of 2023 concerning the Development and Strengthening of the Financial Sector (UU P2SK) and POJK Number 28/POJK.05/2015 concerning the liquidation of insurance companies. This reduces public trust in the insurance industry and increases the risk of financial loss for policyholders.

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