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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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Mediation Agreement in A Contested Divorce Case in Cibinong District Court Permata, Cindy; Surahmad, Surahmad
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.6.4.514-524

Abstract

This research aims to analyze the consideration of amicable agreements in the mediation process in cases of contested divorce at the Cibinong District Court and identify the factors that influence the success and failure of mediation. As an alternative dispute resolution method, mediation has a strategic role in creating more humane and sustainable solutions. The results showed that amicable agreements in mediation are based on the principles of justice and benefit, which provide solutions more quickly, flexibly, and reduce emotional conflict compared to the litigation process. Mediation is an effective alternative for resolving disputes in divorce cases, especially regarding sensitive issues such as child custody and division of joint property. The success of mediation is influenced by several key factors, including the willingness of both parties to compromise, the competence of the mediator, and a conducive mediation atmosphere. The professionalism of the mediator is crucial to the success of this process, as they act as a neutral facilitator who helps the parties find a common solution. On the other hand, mediation failure is often caused by high emotional conflict, distrust, lack of commitment to resolve the dispute, and the absence of one of the parties. This study concludes that mediation can be an effective instrument in resolving divorce cases when supported by good communication, the commitment of the parties, and the support of a professional mediator. These findings make an important contribution to understanding the importance of strengthening the mediation process to improve the efficiency of the justice system and reduce the negative impact of divorce.
The Government Liability for Environmental Damage Caused by Mining Fadlulloh, Muhammad Dito; Wardana, Dodi Jaya
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.6.4.448-456

Abstract

Indonesia is rich in natural resources that can be utilized for development purposes and generate profits. One of the natural resources that can provide benefits is the mining sector. However, ironically, in addition to generating profits, mining businesses can also cause losses in the form of damage/pollution to the environment around the mine. This type of research is normative research that includes various approaches, research specifications, data collection methods, and data analysis techniques. In this study, a normative approach was used with the aim of analyzing various legal regulations related to mining cases in Indonesia, both those applicable nationally and regionally. The results of the study indicate that mining activities can damage the surrounding environment and deplete natural resources. Conflicts of interest between mining companies, the government, and indigenous peoples are another factor causing social unrest. As a result, adequate government regulations are needed to control mining activities, including operating permit requirements, environmental responsibility, and supervision. To ensure that the community can benefit from mining activities, the government must also focus on regional economic development and education initiatives.
Incompatibility of The PPAT Deed Numbering Period with The BPHTB Validation Period at BAPENDA Jakarta Al Hadid, Andi Pangerang; Adhari, Ade
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.6.4.600-607

Abstract

Ownership of Rights to a person is proven by ownership of a Land Certificate that can be transferred to another person, one way is by Sale and Purchase between the Land Owner as the seller and the Buyer. In a transfer of such rights there are taxes that must be paid, one of which is the Land and Building Acquisition Tax or abbreviated as BPHTB and after payment, BPHTB Validation will be carried out with a Maximum Period of 30 Working Days based on the Governor's Regulation and requires a PPAT Deed Number for input. Meanwhile, based on Government Regulations, the PPAT Deed Number has a period of 7 working days from the time it is signed and must be registered with the National Land Agency. Therefore, this creates many multi-interpretations because there is no harmony between one regulation and another. The problem taken in this study is how the inconsistency of the PPAT Deed Number Period with BPHTB Validation. The method used is Normative Jurisprudence with Analytical Descriptive Specifications. The research results show that there is a mismatch between the PPAT Deed Number Period and the BPHTB Validation Period, this condition must be addressed by adjusting the Regulation of the Governor of the Special Capital Region of Jakarta Number 34 of 2022 with Government Regulation Number 24 of 1997 which based on the Hierarchy of Legislation is a higher regulation than the Governor's Regulation.
Application of Participation (Deelneming) in the Crime of Mistreatment of A Child (Case Study of Decision Number 4/PID.SUS-ANAK/2023/PN JKT.SEL) Mukti, Muhammad Aryo Dwinanda; Mulyadi, Mulyadi
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.6.4.525-538

Abstract

This study analyzes the application of participation theory (deelneming) in child assault cases under Indonesian law, focusing on whether participation in such criminal cases aligns with the principles of criminal law in Indonesia. The research uses a descriptive juridical-normative approach, examining statutory regulations (statute approach) and case law (case approach), specifically the Child Protection Law and the consideration of the panel of judges in Decision No. 4/Pid.Sus-Anak/2023/PN Jkt. Sel. The findings show that the application of participation theory in the case involving AGH, a minor who was involved in organizing the meeting that led to the criminal act, aligns with the principles of child criminal responsibility in Indonesian law. Despite not directly committing physical violence, AGH’s role as an organizer and liaison in the planning of the crime fulfills the elements of participation under Article 55 of the Criminal Code, making him accountable for the offense. Additionally, the application of rehabilitative punishment through sentencing in a Juvenile Detention Center (LPKA) is consistent with the objectives of the Indonesian juvenile justice system. AGH is given the opportunity to receive guidance appropriate to his age and psychological development, in line with the principles of reformation and restorative justice emphasized in Article 71 of Law No. 11 of 2012 on the Juvenile Criminal Justice System. The focus on rehabilitation and education, rather than mere punishment, aims to reintegrate the child into society in a positive and productive manner. In conclusion, while AGH was involved in the crime of maltreatment, the legal process has appropriately considered rehabilitation, ensuring that the legal response aligns with the principles of juvenile criminal law in Indonesia.
The Use of Artificial Intelligence Chat GPT in Scientific Papers According to the Perspective of Intellectual Property Rights Alpian, Alpian; Fuad, Fokky; Rifai, Anis
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.6.4.457-477

Abstract

. Students can use ChatGPT to create scientific work because ChatGPT can answer questions in seconds. However, the creation of scientific works cannot avoid the Copyright Law because it relates to the creation of works via ChatGPT. Unfortunately, there has not been much IPR research regarding chatGPT in scientific publications, even though it is important to continue creating original scientific work. On the basis of this explanation, a problem formulation was found about how the legal awareness of students towards the use of Chat-GPT in writing scientific papers related to the application of Copyright. This encourages researchers to conduct studies regarding the use of artificial intelligence chatGPT in scientific work from an IPR perspective. The aim of this research is to determine the legal liability for using AI ChatGPT in the creation of scientific work from an IPR perspective. The research method used is empirical juridical with data collection techniques through copyright law studies and distributing questionnaires to 100 respondents from 7 faculties of University X, Central Java. The research results revealed that 80% of students used ChatGPT to create scientific papers. Respondents may retain copyright if they use ChatGPT data without duplicating and processing it. However, the author will lose copyright if the use of ChatGPT in the creation of scientific work is not in accordance with research ethics as stated in Copyright Law Number 28 of 2014 Article 1 Chapter 1.
Juridical Analysis of The Crime of Theft Committed Jointly by Members of The TNI Gea, Alex Sokhian; Sihotang, Lesson; Sinaga, Jusnizar
Law Development Journal Vol 7, No 1 (2025): March 2025
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.7.1.8-20

Abstract

The criminal act of livestock theft causes material losses and impacts the social and economic lives of farmers. Livestock theft is driven by environmental factors, lack of legal awareness, economic conditions, opportunities, and other social factors. This study aims to analyze the enforcement of the law applicable in handling cases of livestock theft committed by members of the Indonesian National Armed Forces (TNI) and to determine the sanctions imposed on TNI members involved in livestock theft to provide punishment and assess its implications for the image of the TNI. The research method used is a normative legal approach, which involves an in-depth examination of the issue by collecting library data and analyzing it to draw conclusions. The data analysis applied is descriptive analysis to interpret qualitative data, where the researcher uses materials such as legislation, court decisions, journals, and books. The findings of this study reveal that the criminal act of theft committed collectively by TNI members is regulated under Article 363 paragraph (1) 1 in conjunction with Article 55 paragraph (1) of the Indonesian Criminal Code (KUHP) and Article 126 of the Military Penal Code (KUHPM). The Military Court has the authority to try TNI members who commit criminal acts based on Article 9 of Law No. 31 of 1997, taking into account violations of military honor under Article 126 of the Military Penal Code, which relates to its implications for the image of the TNI.
A Comparative Study of The Syafiian Mazhab & The Maliki Mazhab from Islamic Law Perspective Regarding The Return of Property as A Result of A Canceled Marriage Siswanto, Moh. Aris; Hafidz, Jawade
Law Development Journal Vol 7, No 1 (2025): March 2025
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.7.1.21-38

Abstract

A comparative study of four schools of jurisprudence is urgently needed to overcome legal uncertainty in Indonesia regarding the return of inherited assets if the marriage is annulled. The increasing number of marriage annulments in 2024, coupled with differences in interpretations of schools of thought and positive law, makes this study crucial for creating legal certainty, justice and harmonization between Islamic law and positive law in Indonesia. This study will recommend practical solutions to avoid conflict and protect the rights involved. This research uses a normative method with a literature study approach to analyze Islamic law regarding the return of inherited assets when a marriage is annulled. Comprehensive law for fair dispute resolution and the results of the discussion are that the Shafi'i and Maliki schools have different opinions regarding the withdrawal of offerings before the wedding. Shafi'i takes into consideration the giver's intentions, allowing withdrawal if it is for marriage and annulled, despite internal differences of opinion. Malikis are stricter, generally prohibiting withdrawals except from father to son, with the potential exception of pre-covenant dowries. These differences, plus internal differences of opinion within the two schools, demonstrate the complexity of this issue. Implementation in Indonesia faces challenges: differences in sectarian interpretations, difficulty proving intent, gender inequality, and a lack of a modern legal framework. Comprehensive legal reform, increasing legal awareness, and harmonization of Islamic-positive law are very necessary to create justice.
Juridical Analysis on Cabinet Structure Changes of Prabowo’s Government & The Impact to The New Government Limbong, Andrew Afrizal; Simamora, Janpatar; Sihotang, Januari
Law Development Journal Vol 7, No 1 (2025): March 2025
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.7.1.39-51

Abstract

The cabinet structure is one of the important instruments in government, because it determines the pattern of executive work and the implementation of public policy, so that the formation of the cabinet is the president's first step in realizing his vision and mission through several selected people who will be part of his government cabinet. This study aims to analyze the juridical aspects of changes in the cabinet structure of President Prabowo's administration and its impact on governance in Indonesia using normative juridical research methods with a statutory approach. The results show that changes in the cabinet structure by President Prabowo are the prerogative of the President as stipulated in Article 4 paragraph (1) and Article 17 paragraph (2) of the 1945 Constitution of the Republic of Indonesia and Article 15 of Law No. 61 of 2024 concerning Amendments to Law No. 39 of 2008 concerning State Ministries. In terms of impact, changes in the cabinet structure have major implications for governance, especially on the efficiency of governance, where these changes can have a positive impact or even a negative impact depending on the work of each institution in the cabinet formed by President Prabowo.
Collection of Land & Building Rights Acquisition Fees (BPHTB) based on Transaction Price in Land & Building Sales-Purchases in Batang Regency Apri Yahya, Muhammad; Ispriyarso, Budi
Law Development Journal Vol 7, No 1 (2025): March 2025
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.7.1.52-69

Abstract

Collection of Land and Building Acquisition Tax (BPHTB) is required to obtain land and building rights, it is mandatory to pay BPHTB tax. Therefore, a thesis was compiled with the title "Collection of Land and Building Acquisition Tax (BPHTB) Based on Transaction Prices in Land and Building Sales and Purchases in Batang Regency". The formulation of the research problem is, (1) How is the collection of BPHTB at the office of the Regional Financial, Revenue and Asset Management Agency (BPKPAD) of Batang Regency, (2) How is the alignment of the determination of the transaction price as the basis for determining the acquisition value of the tax object (NPOP) with the regulations and laws in the imposition of BPHTB, (3) What are the obstacles and solutions that occur in the implementation of tax collection (BPHTB) on the transaction price of land and building sales and purchases that have increased drastically in Batang Regency. The approach method used in this study is empirical juridical, with descriptive analytical research specifications. The data used are primary data and secondary data, primary data was obtained by interviewing the Head of the Sub-Division of Services and Determination of BPKPAD Batang Regency and secondary data was obtained by means of literature study. After all the data was obtained, it was then analyzed using qualitative methods. The results of the study for the collection of BPHTB taxes in Batang Regency used a self-assessment system which means that Taxpayers are required to calculate, calculate, pay themselves and report the taxes owed in accordance with tax laws and regulations, so that the determination of the amount of tax owed is entrusted to the Taxpayer. In the Regional Regulation of Batang Regency Number 8 of 2023 concerning Regional Taxes and Regional Retributions, it is stated that the basis for imposing BPHTB and Buildings is the transaction value. The obstacle in managing BPHTB is that there are still taxpayers who do not understand how to use BPHTB. And there are several implementing regulations that can be said to be less detailed so that they cause confusion, one of which is in terms of field verification, the BPKPAD also does not have a Regional Tax Determination Letter (SKPD) that is competent in assessing the value of Tax Objects owed by BPHTB. Keywords: Land and Building Acquisition Tax (BPHTB), Land Sale and Purchase,Transaction Price.
The Authentic Deed that is Degraded due to False Information Nathanael, Moses; Djajaputra, Gunawan
Law Development Journal Vol 7, No 1 (2025): March 2025
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.7.1.71-81

Abstract

An authentic deed is known as the strongest and most legally binding evidence in legal proceedings. However, its integrity can be compromised when fraudulent data is incorporated, leading to the degradation of its evidentiary value. This research aims to analyze the legal implications of authentic deeds that have been degraded due to data falsification and to explore the notary’s responsibility in such cases. This research used normative juridical approach, this study examined statutory regulations, court decisions, and legal doctrines related to document authenticity. The findings indicate that an authentic deed containing falsified data may lose its status as a perfect piece of evidence and be downgraded to an underhand deed, depending on the extent of the forgery. Additionally, notaries may be held accountable if negligence is proven in verifying the validity of the data. This research contributes to a better understanding of the legal protection mechanisms for parties involved in notarial transactions and highlights the importance of strict verification procedures to uphold the authenticity of legal documents.

Page 36 of 42 | Total Record : 414

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