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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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The Prosecutor's Authority to Conduct Investigations into Corruption Crimes Causing State Financial Losses (Case Study in PT. Timah Tbk) Iskandar, Indra; Siregar, Hamdan Azhar
Law Development Journal Vol 7, No 3 (2025): September 2025
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.7.3.392-402

Abstract

The performance of the prosecutor's office in eradicating corruption is seen in the case of PT. Timah Tbk. Starting from the alleged corruption of the tin commodity trade system in the Mining Business Permit (IUP) area of PT Timah Tbk for 2015-2022, where the total loss reached IDR 271 trillion. In the process of enforcing the law on corruption in Indonesia, there are investigators from three institutions established by the state in their capacity as law enforcement officers who have been given authority to each investigator through law. The authority of investigation by the prosecutor's office is regulated in Law 16 of 2004 in conjunction with Law No. 11 of 2021 concerning Amendments to Law No. 16 of 2004 concerning the Attorney General's Office of the Republic of Indonesia. Based on the decision of the Constitutional Court No. 28/PUU-V/2007 states that Article 30 paragraph (1) letter d of the Prosecutor's Office Law which gives the Prosecutor's Office authority other than prosecution, namely to conduct investigations, does not necessarily contradict the 1945 Constitution. Investigations carried out by the Prosecutor's Office are crimes that are difficult to resolve, such as corruption. The obstacles encountered by prosecutors in investigations are the authority held by investigators as regulated in Article 5 paragraph (1) of the Criminal Procedure Code, namely to seek information and evidence. At this stage, investigators must be as capable as possible of seeking and finding assets belonging to perpetrators of corruption.
International Countries' Responses to Donald Trump's Import Tariff Policy Chuasanga, Anirut; Wahyudi, Trubus; Victoria, Ong Argo
Law Development Journal Vol 7, No 3 (2025): September 2025
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.7.3.403-412

Abstract

This study uses a qualitative research method, This study is descriptive, and the methods used in this study use various methods, starting from collecting data related to the object of research, data analysis, and the data obtained is analyzed and interpreted into written form. So in this study, the qualitative method will be the basis for explaining Donald Trump's policy in raising import tariffs. Donald Trump is the 45th president of the United States who won over his rival Hillary Clinton from the Democrats in the United States presidential election. The economic policy of the United States during the Trump era is Protectionism, President Trump has made tariffs the mainstay of his economic strategy. He restored America's trade balance, reducing the gap between how much the US buys from other countries and how much the US sells to other countries. Trump has announced a series of new tariffs that include base tariffs for all countries as well as additional tariffs of varying amounts for each country. the impact of US tariffs on international trade: geopolitical changes and business opportunities, the impact of US tariffs on the global economy, geopolitics and the formation of new alliances, geopolitics and the formation of new alliances.
Legal Protection in the Form of Restitution of Victims of Severe Abuse Linked to Child Protection Law (Case Study of David Ozora) Bajaber, Nadira Umar; Yuli Wahyuningsih, Yuliana
Law Development Journal Vol 7, No 3 (2025): September 2025
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.7.3.413-423

Abstract

The legal protection in the form of restitution for child victims of serious abuse, highlighting the case of David Ozora as a concrete study. The main focus is directed at the inequality of the criminal justice system, which tends to be perpetrator-oriented, while the position of the victim is often neglected. Restitution is seen as an important instrument in realizing restorative justice that emphasizes the restoration of victims' rights, not only through criminal sanctions for the perpetrators. This study uses a normative juridical method, combining a legislative approach and case studies. The research findings indicate that legal protection for child victims has been regulated through the Child Protection Law, the Witness and Victim Protection Law, and Government Regulation Number 43 of 2017, which specifically regulates the procedures for granting restitution. In the case of David Ozora, the court not only sentenced the perpetrator to prison but also determined a large amount of restitution, indicating the state's recognition of the victim's right to restitution. However, the application of excessively high restitution also creates a dilemma when the perpetrator is a child, as it has the potential to conflict with the principles of restorative justice in the juvenile criminal justice system. Thus, this study emphasizes the importance of implementing proportional restitution that prioritizes the best interests of children, both as victims and perpetrators, to achieve substantive justice consistent with humanitarian values.
Legal Status and Cross-Border Transport in Carbon Capture and Storage (CCS): an International and Indonesian Law Perspective Prayudi, Hening Cipta Putih W; Arifin, Shofiana Nurul; Putri, Adela Oktaviani; Karuniawan, Andrea
Law Development Journal Vol 7, No 3 (2025): September 2025
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.7.3.340-354

Abstract

This study analyzes the legal status and cross-border transportation of carbon in Carbon Capture and Storage (CCS) under international and Indonesian law. Indonesia’s commitment to net-zero emissions by 2060 has encouraged CCS adoption, regulated by Presidential Regulation No. 14 of 2024, which permits foreign carbon storage through bilateral agreements. While offering economic opportunities, this framework also presents legal and environmental risks, especially regarding the unclear classification of carbon across jurisdictions. The regulation does not define carbon’s legal status, leaving a gap that may cause differing interpretations with partner countries. Domestic inconsistencies are also reflected in Minister of Trade Regulation No. 84 of 2019, which permits only the import of specific non-hazardous wastes, from which carbon is excluded, thereby creating potential conflict with CCS policies. Using normative legal research with statutory and comparative approaches, this study reviews Indonesian provisions against international instruments such as the London Protocol, Basel Convention, and OSPAR 1992. Findings show that carbon in CCS technically qualifies as waste, but international law provides exceptions for climate mitigation, which Indonesia has not yet adopted. This legal gap, compounded by inconsistencies between environmental and trade regulations, may hinder the implementation of cross-border CCS. The study contributes novelty by assessing carbon’s legal classification and its implications for Indonesia’s role as a CCS host country. It recommends enacting explicit national rules, harmonizing domestic provisions with international standards, and ratifying the London Protocol Amendment to ensure legal certainty, environmental integrity, and sustainable CCS implementation.
The Measuring Effectiveness of Centralization of Indonesian Coal Mineral Mining Licensing Suwarsit, Suwarsit; Sugiyono, Heru; Ramadhani, Dwi Aryanti; Tarina, Dwi Desi Yayi
Law Development Journal Vol 7, No 3 (2025): September 2025
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.7.3.355-374

Abstract

Measuring the effectiveness of centralizing coal mineral mining licensing in Indonesia is important for conducting research to measure the success of business actors in obtaining business certainty. There are indications of failure to centralize Indonesian coal mineral mining licensing, which can hamper the business being operated and reduce the trust of business actors in the Indonesian Government. This type of research is normative juridical research using second party data such as articles and laws and regulations up to court decisions which are then presented in descriptive form. The novelty of this research that distinguishes it from previous research is the analysis of ministerial-level regulations and legal processes carried out by several business actors at the State Administrative Court Institution to obtain business certainty. The results showed that several business actors to obtain certainty of license implementation such as PT Perdana Maju Utama, PT Fajar Bahari, PT Mandiri Biofuels, PT Sri Mulya Agung, PT Garuda Agung Perkasa, and CV Siti Maju Sejahtera, did not go well which was marked by filing a lawsuit at the State Administrative Court Institution to the Government of Indonesia, so that the non-implementation of centralization of mineral and coal mining licenses was not only carried out by business actors but also by the State as the licensor.
Restoring Victims of Wrongful Arrest: Automatic Compensation through a Parallel Justice Approach Susilo, Erwin; Negara, Dharma Setiawan; Lufsiana, Lufsiana
Law Development Journal Vol 7, No 3 (2025): September 2025
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.7.3.375-391

Abstract

This study aims to analyze the weaknesses of the existing compensation mechanism for victims of wrongful arrest in the criminal justice system and to propose a reform model based on the principle of Parallel Justice (PJ). Although Indonesian law, particularly the Criminal Procedure Code and Government Regulation No. 92/2015, already provides a legal basis for compensation, the mechanism remains petition-based and dependent on victims’ initiative through pre-trial proceedings. Such a passive system creates structural injustice and fails to guarantee effective recovery for victims of state error. The research method used in this study is normative legal research, employing statutory, conceptual, and comparative approaches. The statutory approach is applied to examine the positive law in Indonesia regarding compensation. The conceptual approach is used to analyze and reformulate the theory of compensation by incorporating the PJ framework developed by Susan Herman, which emphasizes proactive victim restoration. The comparative approach reviews practices in other jurisdictions such as Germany, the Netherlands, Italy, and the United States to identify models of automatic compensation that can be adapted into the Indonesian context. The novelty in this research is the application of the Parallel Justice concept—originally designed for crime victims in general—to the context of wrongful arrest caused by state authorities. This adaptation provides a new paradigm in Indonesian criminal procedure by positioning victims of wrongful arrest not merely as claimants but as individuals entitled to automatic state responsibility. Based on the research, it is concluded that adopting the PJ approach can create a more responsive, victim-oriented, and automatic compensation system. Such reform would strengthen the protection of human rights, enhance public trust in the legal system, and ensure that victims of wrongful arrest are restored fairly, quickly, and comprehensively.
Legal Certainty of Homologation in Postponement of Debt Payment Obligations on The Fulfillment of Consumer Rights as Concurrent Creditors (Study: Cikarang District Court Decision No. 87/Pdt.G/2021/Pn Ckr) Rizal, Sultan Ahmad; Sugiyono, Heru
Law Development Journal Vol 7, No 3 (2025): September 2025
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.7.3.436-449

Abstract

The legal instrument designed to shield financially distressed companies becomes a weapon that harms their consumers. This research illuminates this irony, demonstrating how a court-sanctioned debt restructuring agreement (homologation) under the Suspension of Debt Payment Obligations (PKPU) process, while ostensibly promising legal certainty, in practice strips property buyers of their rights. The Meikarta case vividly illustrates how easily consumers, despite significant financial investment, are relegated to the status of unsecured creditors with virtually nonexistent bargaining power. Where, then, does justice lie for them? This study seeks to answer this question by examining the tangible impacts of the homologation process and arguing that corporate accountability should not cease merely with a court decree. Moving beyond a textual analysis of statutes, this research delves into a pivotal decision by the Cikarang District Court (No. 87/Pdt.G/2021/PN Ckr) that dared to break from tradition. The findings are illuminating: while a homologation agreement is legally binding on all parties, a judge need not be a rigid "mouthpiece of the law" (bouche de la loi). Through legal discovery (rechtsvinding), a judge can progressively interpret rules to protect the vulnerable. The court's decision in this case to proceed with the consumer's lawsuit, notwithstanding the pre-existing PKPU decree, marks a crucial paradigm shift. It serves as a testament to the feasibility of achieving substantive justice, and this study dissects how such judicial courage can offer new hope for consumers entangled in complex legal disputes.
Implementation of the Principles of Necessity and Proportionality in the Sharing of Customer Data by Banks with Vendors Prasanti, Nandani Bayu; Gunadi, Ariawan
Law Development Journal Vol 7, No 3 (2025): September 2025
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.7.3.450-459

Abstract

In the era of digital transformation in the banking sector, there has been an increasing practice of sharing customer data with third parties, such as service providers or vendors. This practice poses legal challenges, particularly concerning the fulfillment of the principles of necessity and proportionality in the protection of personal data. This study aims to analyze the implementation of these two principles in the collaborative practices between banks and vendors regarding the protection of customers’ personal data. This normative juridical research employs a conceptual and statutory approach, using legal materials obtained from national and international regulations, academic journals, and best practices in the banking sector. The findings indicate the need for clear and comprehensive internal bank policies on personal data protection in third-party data processing, serving as a guideline to ensure compliance with personal data protection principles.
The Judge's Consideration on The Case of Rejection of The Lawsuit Related to Land Grabbing (Study of Decision No. 189/PDT. G/2020/PN PLK) Febrizha, Meishy; Hayati, Mulida; Martono, Yacob F
Law Development Journal Vol 7, No 3 (2025): September 2025
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.7.3.424-435

Abstract

Land disputes in Indonesia are still a complex and recurring legal issue, especially in cases of land grabbing that involve the act of controlling or using another party's land without legitimate rights. This problem often leads to judicial proceedings because it is related to property rights protected by the Basic Agrarian Law. However, many lawsuits were rejected because the plaintiff could not prove land ownership or did not meet the formal or material requirements as stipulated by the civil procedure law. This study aims to analyze the judge's consideration in rejecting the land grabbing lawsuit in Decision No. 189/PDT. G/2020/PN PLK and identify the legal variables that affect the decision. The method used is qualitative research with a normative juridical approach through literature study. The results of the study showed that the judge rejected the lawsuit by referring to Article 1365 of the Civil Code regarding unlawful acts and Article 1865 of the Civil Code regarding the principle of the burden of proof. The plaintiff was considered incapable of fulfilling the elements of unlawful acts and failed to present authentic evidence, such as land deeds and certificates, as the basis for ownership rights in accordance with the UUPA.
Building a Strong Constitutional Court as Ideal State Institution Prasetyo, Dossy Iskandar
Law Development Journal Vol 6, No 3 (2024): September 2024
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.6.3.399-418

Abstract

This article discusses the Strengthening of the Constitutional Court, in the sense of what strengthening needs to be done to strengthen the Constitutional Court in carrying out its constitutional duties. The duties in question include: guardian and interpreter of the constitution, protector of human rights, protector of citizens' constitutional rights, and protector of constitutional democracy. The ideal Constitutional Court must have all the requirements needed to carry out all of these duties relatively perfectly. It must be fit in various aspects: substance, structure, and culture. The study of the problem was conducted using the flow and working methods of doctrinal legal research of the theoretical research type, namely: research which fosters a more complete understanding of the conceptual bases of legal principles and of the combined effect of a range of rules and procedures that touch on a particular area of activity. The results of the study found that there are 7 (seven) aspects that need strengthening: (1). Strengthening Lawyer Statesman, (2). Strengthening the pattern of judge recruitment, (3). Expanding Authority, (4). Strengthening Professionalism, (5). Strengthening Accountability, (6). Strengthening Burden of Proof, (7). Strengthening the Honeste Vivere Culture.

Page 39 of 42 | Total Record : 414

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