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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
Legal Aspects of Cooperation Agreement on Cultivation of Siwalan Orchard Land in Sumenep Regency Sumriyah, Sumriyah; Jusmadi, Rhido; Hadi, Rusman; Khofifah, Linda Uril
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.7.1.1-7

Abstract

Based on the provisions of Article 1313 of the Criminal Code that an agreement is binding on both parties like a law, meaning it gives rise to rights and obligations for the parties who make it, because basically every agreement must be kept. One of the agreements that have long existed in the community is a plantation land management agreement in the form of a cooperation agreement implemented in the village of Pragaan Daya, Pragaan District, Sumenep regency for the cultivation of siwalan orchard land. In this journal applies the method of empirical juridical approach, namely legal research that obtains its data from primary data or data or data obtained directly from the public in this study found some applications that have not been in accordance with applicable legal rules where in its application, the form of agreements that should be made in writing but only made orally. This is due to the lack of human resources in the field of employment and the desire of the landowner himself to make a work agreement for a certain time orally, given the existence of this written agreement can certainly provide legal certainty to siwalan workers, especially if later when in the field something happens that can harm them, they can ask for the work Agreement and the result of the violation of the agreement that occurred in the cooperation agreement called default can be resolved amicably, non-litigation or litigation.
Legal Implications of Inaccurate Petitum in Land Registration (Study of Donggala District Court Decision Number: 7/PDT.G/2020/PN.DGL) Septiana Dewi, Eka; Santoso, Bambang; Mulyanto, Mulyanto
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.7.1.82-96

Abstract

Land registration is mandated by law to provide legal certainty. Likewise, Registration is mandatory for the transfer of land ownership rights resulting from a sale and purchase agreement since the enactment of the UUPA; Customary law historically governed land sales and purchases, and it serves as the foundation for the national agrarian law system, namely the existence of precise, cash, and actual conditions. The consequence of not fulfilling the precise conditions in the Donggala District Court Decision No: 7 / Pdt.G / 2020 / PN.Dgl is that buyers have difficulty registering their land rights to obtain proof of rights through a certificate of ownership. However, the state has provided legal protection for land registration based on court decisions. Buyers who obtain land rights in good faith obtain repressive legal protection by filing a lawsuit with the court. However, not all court decisions can be executed. The decision in Donggala District Court Case No: 7/Pdt.G/2020/PN.Dgl resulted from the plaintiff's petitum omitting both a request for a ownership certificate to be issued in the plaintiff's name and the inclusion of the Head of the local Land Office as a party to the case. This is a normative legal study that analyzes legal materials using the syllogistic deduction method. This study aims to determine whether the Donggala District Court Decision Number: 7/Pdt.G/2020/PN.Dgl can be used legally for the plaintiff's land registration. The study results indicate that because the judge's ruling is confined to the relief sought in the plaintiff's petitum, no order was issued to the Head of the local Land Office to issue a certificate of ownership in favor of the plaintiff. Thus, the Donggala District Court Decision No: 7/Pdt.G/2020/PN.Dgl is difficult to implement as a basis for plaintiff's land registration.
Improving Efficiency in Indonesia's Tax Objection Process: Reducing Bureaucracy and Enhancing Access to the Tax Court Marmiyati, Marmiyati; Hien, Uddiyana Khoe Keng; Slamet JM, Harjanto; Ka, Pho Seng; Prasetyo, Ponco; Kustanto, Anto
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.7.1.97-109

Abstract

This paper discusses the inefficiencies in Indonesia's tax objection process, specifically regarding the Objection Letter (Surat Ketetapan Pajak) issued by the Directorate General of Taxes. Taxpayers can file objections if they disagree with the tax determination, as guaranteed by Indonesian tax laws, particularly Law No. 6 of 1983, amended by Law No. 6 of 2023. The process is classified as “quasi-judicial” because the entity adjudicating the objections is part of the same institution involved in the dispute. This often places taxpayers at a disadvantage, with the outcome typically unsatisfactory for them. The law allows the Directorate General of Taxes up to 12 months to issue an objection decision, leading to a total of 21 months from the start of the tax audit to the final decision. Taxpayers can appeal the decision to the Tax Court. The paper concludes that the tax objection process is inefficient in terms of time, effort, and cost. It recommends simplifying the procedure by allowing direct filing of objections after the tax audit, followed by the issuance of the tax determination. This would enable taxpayers to appeal directly to the Tax Court, reducing bureaucratic delays and achieving greater efficiency in terms of time and resources.
China's Revenge Politics Against USA Taxes Natsir Wong, Liliana; Arifani, Devina
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.7.1.110-120

Abstract

In 2025, the United States will again implement a new tariff policy on a number of strategic commodities from the People's Republic of China (China), as part of efforts to protect domestic industries and limit China's technological dominance in the global market. The tariffs cover the electric vehicle, semiconductor, solar panel, and strategic metal sectors, with additional tariffs reaching 35%. The US government argues that this policy is intended to respond to unfair trade practices and threats to national security. However, this action is viewed by the Chinese government as a form of economic aggression and a trigger for ongoing bilateral tensions. In response, China launched a policy of revenge in the form of retaliatory tariffs that are measured and strategic. China targets American agricultural products, including soybeans, corn, and beef—sectors that have a direct impact on the US government's political support base. In addition, China has also tightened regulations on American technology companies operating in its territory, and accelerated import substitution programs in national strategic industries. The economic retaliation between the two superpowers has put significant pressure on the global economy. Market uncertainty has increased, foreign investment has slowed, and there have been disruptions in international supply chains, especially in the technology and renewable energy sectors. Developing countries have also been affected by commodity price fluctuations and declining export demand. This tariff conflict shows a shift in international trade patterns from the principles of liberalism to geopolitically based strategic protectionism. This study aims to comprehensively analyze the dynamics of US tariff policy in 2025, the form of China's revenge politics, and its impact on global economic stability in the context of contemporary international political economy.
United States (USA) Economic Policy Towards International Recession Stanfort, Steven William; Victoria, Ong Argo
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.7.1.121-131

Abstract

Abstract. Being a large superpower, the US is not immune from the crisis. In 2008, the US experienced a crisis in its economy. Many economists argue that the economic crisis in the United States which has not completely ended until now was caused by subprime mortgages. This US securities crisis has spread to all corners of the world, Alan Greenspan, former Governor of the US Central Bank said that this financial crisis is an event that occurs once every 100 years, "Fasten your seatbelt, we're facing the global financial crisis" is a warning issued by Alan Greenspan regarding this global financial crisis. Mortgage in this case is a debt to buy property where the property is then used as collateral (Home Ownership Credit). Mortgage loans are divided into two types; Prime Mortgage & Subprime Mortgage. Simply put, subprime mortgages are mortgages with higher risks. Prime mortgages are usually given to borrowers who meet 2 criteria. First, borrowers who have a good credit history (eg never bankrupt, not late in paying bills). Second, can show the capacity to repay the debt (eg large income, low loan-to-property ratio, etc.). Subprime mortgages are loans to people who do not meet the above criteria. Qualitative methods were used and the theory of adaptive foreign policy models was applied. The results of the study found that the US policy of raising import tariffs that triggered a trade war was influenced by three variables. The external change variable is the emergence of China as a new superpower. The structural change variable is obtained from the change in the US political structure from the Democratic Party to the Republican Party. From the leadership factor, namely Trump's negative perception of China since before he became president. The conclusion is that the policy is a convulsive type adaptive foreign policy that describes significant changes in both the external and internal environments.Keywords: Compulsive; Leadership; Republican; Subprime.
Evaluating The Implications of Indonesia's Omnibus Law: Legal, Political, and Economic Perspectives Prasetyo, Vincentius Pantjahjono Heru; Bagastianto, Rian Cahyo; Widayanto, Anjas; Sulistyani, Oktavia Patma; Yanto, Heru Tri; Masruroh, Ainul
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.7.1.132-143

Abstract

The Omnibus Law in Indonesia, enacted as Law No. 6 of 2023, has generated significant debate regarding its legal, political, and economic implications. The law seeks to simplify complex regulations and promote investment by overhauling approximately 80 existing laws across various sectors. Its primary aim is to foster economic growth, ease business processes, and create job opportunities. However, the law has been met with strong opposition from various stakeholders, including academics, labor unions, and NGOs, who argue that it disproportionately benefits corporations and foreign investors while undermining labor rights and environmental protections. This research aims to analyze the legal, political, and economic implications of the Omnibus Law, evaluating its effectiveness in achieving its intended goals while assessing its impact on labor rights and democratic governance. The study employs a normative legal research methodology, focusing on doctrinal analysis of the law’s provisions, consistency with constitutional principles, and alignment with democratic values. The findings reveal that while the law has the potential to stimulate economic growth, its legal ambiguities and bureaucratic inefficiencies pose challenges to effective implementation. Furthermore, concerns about transparency in the legislative process and the potential exacerbation of social inequality underscore the need for further refinement. The study concludes that the law must be adjusted to better align with Indonesia’s constitutional principles and social justice ideals.
Implementation of “Direct vs Indirect License”: A Comparative Study of Music Licensing Systems between Indonesia and the United States of America Fattah, Ade Syaifullah; Wahyuni, Ridha
Law Development Journal Vol 7, No 2 (2025): June 2025
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.7.2.284-301

Abstract

This study examines the implementation of direct and indirect license systems in copyright royalty management, particularly in the music sector, by comparing the regulatory frameworks of Indonesia and the United States. In Indonesia, copyright royalties are predominantly managed through a collective licensing system via LMK (Collective Management Organizations) and LMKN (National Collective Management Organization). Although the legal framework permits licensing directly between creators and users, the lack of explicit regulation on direct licenses creates legal uncertainty and risks overlapping claims. In contrast, the United States recognizes and regulates direct licenses under the Copyright Act of 1976, allowing copyright owners to manage their economic rights independently or through Performing Rights Organizations such as ASCAP, BMI, and SESAC. This legal certainty enables greater flexibility, negotiation power, and transparency for creators and industry stakeholders. The study employs a normative-empirical legal method, combining statutory analysis with interviews, to explore how Indonesia might benefit from clearer legal provisions to support a dual licensing approach. Strengthening legal clarity on direct licensingcould ensure fairness, legal certainty, and adaptability for both creators and music industry actors in Indonesia’s growing creative economy.
Electronification Financial Transactions for Business Operator: Legal Protection for Consumers Experienced Rejection in Cash Transaction Yusuf Argiansyah, Hikmal; Imran Nasution, Ali
Law Development Journal Vol 7, No 2 (2025): June 2025
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.7.2.212-229

Abstract

The National Non-Cash Movement (GNNT) by Bank Indonesia has brought changes in the implementation of transaction methods that prioritize digital transaction. Therefore, some business operator on payment methods that only accept non-cash transactions (cashless-only) in their business. However, it is actually caused problems in society, especially people who prefer cash transaction methods and people who do not have access to digital payments. Research conducted using the juridical-normative method uses the statue approach and case approach in conducting research. Research shows that the implementation of payment transaction methods that only accept digital payments (cashless-only) has the potential to violate consumer rights in terms of equal and non-discriminatory treatment of consumers, especially consumers who do not have access to digital payments. Rejection of the rupiah has also been prohibited through the Currency Law and the prohibition was reaffirmed by the Deputy Governor of Bank Indonesia. Consumers who feel that their rights have been violated by cashless-only transaction methods can take legal action in the form of a lawsuit through the general court, resolving the problem through non-litigation (conciliation, mediation, or arbitration) either individually or through the Consumer Dispute Resolution Agency (BPSK), and/or can report it to the National Consumer Protection Agency (BPKN).
The Application Analysis of Article 1365-Civil Code Towards The Responsibility of E-Commerce Platforms for Products Sale with Changed Brandings Without Permission Monalisa, Angelia Carla; Surahmad, Surahmad
Law Development Journal Vol 7, No 2 (2025): June 2025
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.7.2.144-161

Abstract

The background of this research is based on the rapid development of e-commerce which has led to an increase in the circulation of branded products that have been altered without permission. This action has the potential to harm brand owners and create an unhealthy trading climate in the digital world. This study aims to analyze the application of Article 1365 of the Civil Code (KUHPer) to e-commerce platforms that facilitate the sale of branded products that have been altered without permission, as well as to examine the role of platforms in protecting intellectual property rights in the world of e-commerce. The method used is a normative legal approach that emphasizes the analysis of legal regulations and related literature. The results of the study indicate that e-commerce platforms can be held liable for unlawful acts related to the sale of branded products that have been altered without permission, especially if there is evidence of negligence or an active role in allowing the practice. This study also found that the protection of intellectual property rights in e-commerce still requires strengthening regulations and more effective supervision to prevent violations that are detrimental to the parties involved.
Enforcement Against Extraordinary Members (ALB) of Notaries Who Violate the Notary Code of Ethics Rahmawati, Nur Ainiyah; Sulistiyono, Adi; Hermawan, Sapto
Law Development Journal Vol 7, No 2 (2025): June 2025
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.7.2.302-312

Abstract

The Notary Code of Ethics is a set of rules that are enforced and obeyed by notaries, used as guidelines for all notaries regarding what they should do, and at the same time guarantee the quality of notaries' conduct in the eyes of the public. Notaries who violate the provisions of the code of ethics will damage the reputation of the notary profession in the eyes of the public. The Indonesian Notary Association (INI) has three types of members: Regular Members, Extraordinary Members, and Honorary Members. To become a member of the INI association, prospective notaries must meet the requirements of a bachelor's degree in Law and a Notary Education/Specialized Notary Education diploma, and have passed the ALB selection process conducted by the INI as an official member of the INI organization. Once they have passed the ALB Notary exam and become members of INI, ALB Notaries must undergo an internship at a Notary office with the requirement of having served as a Notary for a minimum of 5 (five) years and having drafted at least 100 (one hundred) deeds. The internship must be completed as a prospective Notary for a consecutive period of 24 (twenty-four) months. During the internship period, the ALB Notary must already adhere to the Notary Code of Ethics since they are already a member of the INI organization. However, under the provisions of the Notary Code of Ethics, the ALB Notary is not included among those required to comply with the Notary Code of Ethics. The Notary Code of Ethics is only mandatory for those who have already assumed the position of Notary. Therefore, there is still a legal loophole for ALB Notaries if they engage in actions that violate the Notary Code of Ethics. The author used normative legal research in this study. A legislative approach and a conceptual approach were used in this study. The purpose of this study is to analyze and understand the handling of ALB Notaries who violate the Notary Code of Ethics.