Law Development Journal
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.
Articles
414 Documents
<![CDATA[Criminal Liability against Children as Perpetrators of Theft ]]>
<![CDATA[Iswantoro Iswantoro]]>;
<![CDATA[Maryanto Maryanto]]>
<![CDATA[ Law Development Journal Vol 2, No 2 (2020): June 2020 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.2.2.195-200
<![CDATA[The objectives of this study are: 1. To analyze criminal responsibility towards children as perpetrators of criminal acts of theft in the jurisdiction of the Pati District Court. 2. To analyze constraints in the implementation of criminal responsibility against children as perpetrators of criminal acts of theft in the jurisdiction of the Pati District Court and their solutions. The research method used is juridical empirical. Research results and discussion The background of the crime of theft committed by children is various factors, including; lack of parental attention and supervision. The occurrence of the criminal act of theft, not only raises legal problems but also creates economic problems and social problems in the community, because it is an act that is detrimental to the state and to this act the state reacts with punishment as the last resort (Ultimum Remedium)Accountability for the verdict of case Number: 5 / Pid.Sus-Anak / 2017 / PN Pati, with the defendant WES Known as Wn Bin S having been legally and convincingly proven guilty of committing the crime of "Theft in Aggravating Circumstances"; as regulated and punishable under Article 363 paragraph (1) 4 of the Criminal Code as in the single indictment, imposes a crime against the child of WES Known as W Bin S, in the form of imprisonment for 7 (seven) months at the LPKA (Special Development Institution for Children), arrest and detention that has been served by the child is fully deducted from the sentence imposed, so that the child remains detained, by charging the child a case fee of IDR 2,500 (two thousand and five hundred rupiah).]]>
<![CDATA[The Restorative Justice Effectiveness In Law Enforcement Of Damage Of Goods Crime ]]>
<![CDATA[Vikha Anief Obaydhillah]]>;
<![CDATA[Gunarto Gunarto]]>
<![CDATA[ Law Development Journal Vol 3, No 3 (2021): September 2021 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.3.3.613-620
<![CDATA[Legal settlement based on restorative justice in the crime of destruction of goods is basically a more effective and efficient solution, however, not all people are willing to carry out this legal effort. This study aims to analyze more deeply the position of restorative justice in law enforcement in cases of destruction of goods. The research approach used is sociological juridical. The results of the analysis in this paper find the fact that the settlement of cases based on restorative justice which is carried out through legal remedies outside the court basically has advantages. The main advantage of resolving cases including criminal cases outside the court with alternative dispute resolution (ADR) is that decisions made by the parties themselves (win win solutions) reflect a sense of justice. However, this has not been effective in resolving cases of vandalism. This is shown by the data above which shows the lack of implementation of alternative dispute resolution in resolving criminal cases of vandalism in the community.]]>
<![CDATA[RELEASE OF ALL LEGAL DEMANDS (ONTSLAG VAN RECHT VERVOLGING) IN JUDGMENT'S CONSIDERATION ]]>
<![CDATA[Andi Kusuma Mapareppa]]>;
<![CDATA[Jawade Hafidz]]>
<![CDATA[ Law Development Journal Vol 2, No 3 (2020): September 2020 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.2.3.331-338
<![CDATA[This study aims to identify and explain the basic position of judges' considerations in issuing a decision free from all lawsuits for the accused and to analyze the development of law, law science and legal information technology and to adjust legal theory and legal practice for the sake of a sense of justice in society. This study uses a normative juridical approach. which refers to the applicable laws and regulations by examining secondary data on the principle of legal certainty, the principle of legal justice, the principle of legal usefulness as regulated in law number 4 of 2009 concerning Judicial Power. Based on the results of this study, there are differences in the meaning or terms between a release decision and an acquittal decision. In the judge's consideration in the case decision No.627 / Pid / Sus / 2018 / PN.Smg, in his consideration the judge stated that the defendant's actions were proven but not a criminal act as in the indictment of the public prosecutor and in accordance with the Semarang District Court judge in imposing a crime having considered juridical, sociological and philosophical considerations, in deciding the decision to be released from all lawsuits (ONTSLAG van RECHTVERVOLGING) based on article 191 paragraph (2) of the Criminal Procedure Code, which reads "If the court is of the opinion that the act of which the defendant is accused is proven, but the act does not constitute a criminal act, then the defendant is acquitted of all lawsuits ”.]]>
<![CDATA[The Role of Bhabinkamtibmas in Supporting Motor Vehicle Tax Arrears Collection During the Covid-19 Pandemic ]]>
<![CDATA[Facha, Nyi Ayu Fitria]]>;
<![CDATA[Sulchan, Achmad]]>
<![CDATA[ Law Development Journal Vol 3, No 4 (2021): December 2021 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.3.4.749-756
<![CDATA[This study aims to analyze the role of Bhabinkamtibmas in supporting the collection of motor vehicle tax arrears during the covid-19 pandemic in the Demak police jurisdiction and the obstacles to implementing the role of Bhabinkamtibmas in supporting the collection of motor vehicle tax arrears during the covid-19 pandemic in the Demak police jurisdiction and the solutions. The approach method is sociological juridical; analytical descriptive research specifications; data sources are primary data and secondary data; data collection methods through field studies and literature studies; while the data analysis method used qualitative analysis. As an analytical tool, role theory, legal effectiveness theory and benefit theory are used. The results of the study show that the role of Bhabinkamtibmas in supporting the collection of motor vehicle tax arrears in the jurisdiction of the Demak police station is to submit a motor vehicle tax bill to motorized vehicle taxpayers. This role is effective in increasing the realization of PKB revenue in the Demak Regency. The obstacles to implementing the role of Bhabinkamtibmas in supporting the collection of motor vehicle tax arrears come from internal and external factors.]]>
<![CDATA[Legal Policy for Management of Criminal Action of Narcotics in Low Education ]]>
<![CDATA[Bayu Dwa Anugrah]]>;
<![CDATA[Aryani Witasari]]>
<![CDATA[ Law Development Journal Vol 2, No 4 (2020): December 2020 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.2.4.456-464
<![CDATA[The objectives of this research are: To know and analyze how legal handling of narcotics crime among low education.To find out and analyze obstacles and solutions prevention of narcotics crime among low education. The results of this study areWays to Overcome the Law on Narcotics Crime Among Low Education, among others: 1) Preventive, namely policies that see the root causes of the main causes of crime through a social approach, a situational approach and a community approach to eliminate the elements of potential interference (Correlative Criminogen Factors); 2) Preventive (prevention), namely to form a society that has resistance and immunity to drugs. Prevention is better than eradication .; and 3) Repressive (repression), namely taking action against and eradicating drug abuse through legal channels and based on law, which is carried out by law enforcers or security forces assisted by the community. Internal obstacles are the lack of resources for sophisticated technology equipment to match the technological sophistication of drug network syndicates in distributing and producing drugs, while external obstacles that come from outside are the confusion of articles in the Narcotics Law regarding sanctions against victims of abusers, lack of participation and public participation as police intelligence to provide information and information in order to uncover and uncover cases of illicit traffic and narcotics abuse. Future efforts will be made to overcome obstacles in overcoming narcotics crime among low education. Drug Crime Unit personnel are given education or training on the use of technology so that they can use IT tools in order to detect narcotics offenders and networks; Narcotics Crime Unit personnel carry out vocational education in the field of combating narcotics crime. And the personnel of the Narcotics Crime Unit are required for investigators to continue their education to higher education so that their insight and understanding of the Narcotics Law can better understand so that they can carry out investigations into a more organized modus operandi.]]>
<![CDATA[The Role of Judges Based on Considerations of Community Cultural Values to Create Justice ]]>
<![CDATA[Handika Naufal Husni]]>;
<![CDATA[Widayati Widayati]]>
<![CDATA[ Law Development Journal Vol 2, No 4 (2020): December 2020 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.2.4.591-598
<![CDATA[This paper discusses the role of judges based on the cultural values of the community in realizing justice. With the sociological juridical approach method, namely through the role of judges in court to realize justice. In realizing justice, judges apply the law based on a verdict and the judicial power law that judges have rights and a code of ethics which is specifically regulated in law. Regarding the culture of the community that still exists, it is hoped that the role of the judge is to actualize justice by putting in place a rule and implementing a decision with a legal background that exists in the community, namely customary law as an addition to a decision.]]>
<![CDATA[Suspension of Detention of Suspects in Framework of Realizing Human Rights Protection ]]>
<![CDATA[Fitriani Akrima]]>;
<![CDATA[Jawade Hafidz]]>
<![CDATA[ Law Development Journal Vol 3, No 1 (2021): March 2021 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.3.1.106-113
<![CDATA[The purpose of this research is 1) To find out and analyze the detention suspension process for suspects at the Bogor Police; 2) To find out and analyze about suspended detention to realize the protection of human rights, and to find out and analyze the obstacles in the implementation of suspension of detention and efforts to overcome them. The approach method used is Sociological juridical which in other words is a type of sociological legal research and can also be called field research, which examines the applicable legal provisions and what happens in reality in society. This research was analyzed using the theory of law enforcement, human rights and justice. The conclusion of this research is that the process of detention of a suspect at the Bogor Police is given to a suspect who has committed a criminal act and is carried out by the investigator, where the suspect in a criminal case filed strong and accountable reasons a request or request for a suspension of detention which can later be used as a basis for consideration and in accordance with Article 31 of the Criminal Procedure Code it has been stated that the suspension is carried out based on stipulated conditions, namely compulsory reporting, not leaving the house or not leaving the city.]]>
<![CDATA[Reconstruction of Transport Regulatory On Marine Toll to Support Sea Connectivity Based On Pancasila Justice ]]>
<![CDATA[Hartanto Hartanto]]>
<![CDATA[ Law Development Journal Vol 1, No 1 (2019): June 2019 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.1.1.7-12
<![CDATA[The idea of marine toll is an attempt to realize the first Nawacita that is strengthening Indonesian identity as a maritime country and the third of Nawacita, that is to develop Indonesia from the periphery to strengthen these areas and villages within the framework of a unitary state, in addition to the marine toll is also a confirmation that the country is actually present to all areas through ships that visited the region. Accelerating infrastructure development in particular the implementation of toll expressway connectivity of sea or ocean (sea connectivity) if it can be done well it will be able to unite the archipelago by sea, especially to unite Indonesian islands in one national connectivity. Based on the documents of the National Medium Term Development Plan (RPJMN) 2015-2019, in the framework of the development of national connectivity to achieve a balance of development, the government has set a target increase of 24 strategic ports to support marine toll program. The marine toll presence is expected to drive the wheels of the economy efficiently and equitably so that Pancasila justice can be realized.Keywords: Reconstruction; Marine Toll; Connectivity; Pancasila Justice.]]>
<![CDATA[The Victims Rights & Conditions Protection On Trafficting Crime Through The Implementation Of Restitutions ]]>
<![CDATA[Sefin Anggi Riyantika]]>;
<![CDATA[Jawade Hafidz]]>
<![CDATA[ Law Development Journal Vol 3, No 2 (2021): June 2021 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.3.2.298-306
<![CDATA[This study aims to further analyze the protection of victims of the crime of human trafficking who have not been able to accommodate the rights and losses of victims. The approach method used is sociological juridical. Based on the analysis of the existing findings, it is clear that the implementation of the protection of the rights of victims of human trafficking has not been running effectively due to unclear restitution arrangements, both in terms of magnitude and related to criminal arrangements for replacement of restitution. The Crime of Human trafficking is a crime against humanity that can harm a person both materially and physically and mentally. In addition, it is necessary for victims of human trafficking to obtain protection of their rights, which in this case can be done through restitution. In practice, the amount of restitution is not clearly defined. In addition, the existence of a criminal substitute for compensation, which in this case includes restitution, makes the implementation of restitution difficult for victims of human trafficking. Such conditions clearly contradict the First Precepts, Second Precepts, and Fifth Precepts of Pancasila, as well as the Fourth Paragraph of the Preamble to the 1945 Constitution of the Republic of Indonesia as the purpose of the state, as well as Article 28D paragraph (1) and Article 28G Paragraph (1 ) and Paragraph (2) of the 1945 Constitution of the Republic of Indonesia as the basic foundation related to the human rights of victims of human trafficking, and as a legal ratio in law in Indonesia. ]]>
<![CDATA[Juridical Review Of The Death Penalty In Indonesia In Islamic Law Perspective ]]>
<![CDATA[Kurniawan Bagus Samudro]]>
<![CDATA[ Law Development Journal Vol 2, No 1 (2020): March 2020 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.2.1.37-50
<![CDATA[This study aims to examine in depth the juridical review of capital punishment in Indonesia from the perspective of Islamic law. This research is expected to contribute ideas in the realm of literature in the field of Islamic law as well as input for observers and law enforcers to determine policies related to the death penalty law. To achieve the target, this research was conducted by observing events or facts that were considered relevant to the research, by collecting primary and secondary data through a juridical-normative approach with qualitative analysis methods. A study on this theme can be concluded that in the perspective of Islamic law, capital punishment (qisas) reflects justice and balance with the actions perpetrated by the perpetrator against the victim or the imposition of this punishment is in line with the principles of Islamic criminal law and the soul applies benefit to the level of social life. Public.Islamic law through Islamic criminal law (figh al-jinayat, at-tasri ul jinai) has guaranteed, protected and safeguarded the benefit of mankind by establishing a number of rules, either in the form of orders or prohibitions.Keywords: Death penalty; Islamic law; qisas; benefit. ]]>
