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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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Construction of Participation in the Crime of Persecution in Indonesia Idrus, Irwandhy; Sudiro, Ahmad
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.6.3.326-343

Abstract

In criminal law, the construction of participation refers to a situation where a person is involved in a criminal offense, not directly as the main perpetrator, but plays a role in the implementation of the criminal offense. This means that a person can be charged with a crime even though he/she did not physically commit the criminal act, as long as he/she fulfills the elements of participation. The problems faced in this study are how the predicate crime of the crime of persecution in the case of South Jakarta District Court Decision Number 4/Pid.Sus-Child/2023/PN.Jkt.Sel and how the participation in the South Jakarta District Court Decision Number 4/Pid.Sus-Child/2023/PN.Jkt.Sel. The research method used is normative juridical legal research. The research specification used in this research is descriptive analytical. This research uses primary, secondary and tertiary sources of legal material. The approaches used from several approaches above are the statute approach and the case approach and the analysis technique used is qualitative analysis. The results showed that predicate crime in a criminal offense, including persecution, are elements that must be proven legally to declare a person has committed the crime. This predicate serves as the basis for law enforcement to impose a sentence. It must be underlined that each case has different characteristics. Therefore, the application of the law in each persecution case will vary depending on the facts revealed in the trial. Victims of persecution are entitled to legal protection. Participation in the crime of maltreatment is a form of understanding a person's criminal responsibility in a criminal event and in this case, however, in this case, Child AG cannot be classified as “assisting in the commission” because he did not knowingly provide assistance to commit the crime of maltreatment, either before, during or after the maltreatment was committed. There was no conspiracy or providing facilities, information and other efforts in realizing the crime of maltreatment.
Neutrality of Public Officials in Elections based on The Perspective of General Principles of Good Governance Sulistyowati, Sulistyowati; Prasetyo, Mas Subagyo Eko; Maharaja, Gusti Bintang; Andika, Andi
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.6.3.344-357

Abstract

A clean and competent government applies the general principles of good government. Neutrality is one of the general principles of good government that every state official must uphold. Neutrality of public officials means not taking sides or engaging in practical political interests, especially in elections. This study aims to analyze the problems related to public officials' neutrality in Indonesia and provide solutions to ensure that neutrality. This study uses qualitative methods with a normative approach. The data used are secondary in the form of legislation, official documents, literature, and relevant previous research results. The results showed that the main problems related to public officials' neutrality in Indonesia are public officials' low awareness and understanding about the importance of neutrality, weak supervision, sanctions against neutrality violations, and the pressure and intervention of certain interested parties. Solutions that can be provided to ensure the neutrality of public officials in Indonesia are to increase socialization and education about neutrality, strengthen monitoring and enforcement mechanisms against neutrality violations, and build a culture of integrity and professionalism among public officials. Vigorous law enforcement is the solution.
The Enhancing Corporate Responsibility in Unlawful Termination Through Administrative Sanctions Sembogo, Achmad Dimas Aliffian; Suherman, Suherman
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.7.3.460-468

Abstract

This research examines the legal responsibility of companies conducting unlawful termination of employment in Indonesia, focusing on Supreme Court Decision No. 47 K/Pdt.Sus-PHI/2025 (Irwanto v. PT Perkebunan Milano). The study aims to analyze the extent to which Indonesian law ensures the fulfillment of workers’ rights through judicial decisions and to explore the urgency of adding administrative sanctions for companies that coerce or misclassify employee resignations. Using a normative juridical research method combined with statutory, case, and comparative approaches, this study relies on primary legal materials, including the Manpower Law, the Job Creation Law, Government Regulation No. 35 of 2021, and relevant court rulings. Data were analyzed qualitatively through descriptive and analytical interpretation of legal norms and judicial reasoning. The findings show that the Supreme Court recognized the company’s unlawful conduct and ordered the payment of severance and compensation to the worker, yet the decision did not impose further sanctions that could deter similar violations. From the perspective of Hans Kelsen’s Liability Theory, legal responsibility arises only when sanctions accompany a breached obligation, while Cesare Beccaria’s Deterrence Theory emphasizes that punishment must create preventive and corrective effects. The analysis reveals a structural weakness in Indonesia’s labor law enforcement, which focuses on restitution rather than deterrence. The novelty of this research lies in proposing the integration of administrative sanctions—such as fines, license suspension, or compliance audits—as a complement to judicial remedies, thereby ensuring stronger accountability and sustainable protection of workers’ rights.
An Analysis of The Application of Medical Rehabilitation & Social Rehabilitation for People Convicted of Drug Abuse Panjiyoga, Indrawienny; Sudiro, Ahmad
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.6.3.358-375

Abstract

The importance of the implementation of rehabilitation for narcotics users is not merely to replace the sentence period, but rehabilitation is intended for narcotics users to cure them from addiction to be free from their dependence on narcotics. The problems faced in this study are how the rehabilitation arrangements for narcotics users based on Law No. 35 of 2009 concerning Narcotics and how the application of medical rehabilitation and social rehabilitation for convicted narcotics abusers in the case of Decision Number 582/Pid.Susof 2021/PN.Jkt.Brt. The research method used in this writing is normative juridical research. The results show that Law No. 35 of 2009 concerning Narcotics pays special attention to rehabilitation efforts for narcotics users. This is based on the understanding that drug abuse is a health and social problem that requires special handling, not merely a legal problem. Law No. 35 of 2009 has provided a strong legal umbrella for the implementation of rehabilitation for people who use drugs. However, there are still many challenges that must be overcome in order for the rehabilitation program to run effectively. In general, based on Law No. 35 of 2009 on Narcotics, specifically Article 54, every drug addict is required to undergo medical and social rehabilitation. This rehabilitation aims to restore the physical and mental condition of drug users and restore their function in society.
The Urgency of Land Deed Officials (PPAT) Role in the Transfer of State-Owned Land Under A Legal Perspective Kurniawan, Edi; Hariansah, Syafri
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.7.3.519-530

Abstract

The transfer of State-Owned Assets (BMN) in the form of land is a legal process that must comply with administrative and land law regulations. The issue of an authentic deed by a Land Deed Official (PPAT) is an essential instrument in the transfer of land rights. This study seeks to analyze the legal ramifications of conducting the process without a PPAT deed and to assess the importance of PPAT in validating property rights transfers, including BMN. The applied research methodology is normative juridical, utilizing a statutory and case study approach. The results demonstrate that the conveyance of land rights does not comply with the legal stipulations set forth by national land laws in the absence of a deed executed by a PPAT, which may lead to disputes and financial losses for the state. This report promotes the strengthening of regulations mandating PPAT involvement in all BMN land transfers to ensure legal certainty and protect state interest.
The Protection of Creditors as Fiduciary Recipients in Debt Transfers Without Good Faith in Credit Agreements (Study of Decision Number 132/PID.B/2023/PN.SPG) Riyanto, Rajwa Khaicirinu; Joesoef, Iwan Erar
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.7.3.531-540

Abstract

One of the problems of a credit agreement is the transfer of debt (take over credit) underhand without the knowledge of the creditor as the fiduciary recipient. Therefore, this paper is conducted to analyze the protection for creditors as fiduciary recipients in the transfer of debt (take over credit) underhand without the knowledge of the creditor in one of the cases, namely Decision Number 132 / PID.B / 2023 / PN. Spg. This paper is a qualitative normative whose data collection uses literature studies and is analyzed using a statutory approach and a case approach. This study concludes that in the case of Decision Number 132 / PID.B / 2023 / PN.Spg, the debt transfer agreement (take over credit) between the debtor and a third party is invalid and null and void because it violates the objective principles in the terms of the agreement. The transfer of debt (take over credit) at PT Federal International Finance can be legal and in accordance with the law if it complies with the procedures determined by PT Federal International Finance as the creditor, one of which is by consulting and contacting and the agreement is known and approved by the creditor.
The National Land Agency's Efforts in Anticipation and Resolving Disputes Regarding Multiple Land Ownership Certificates Putri, Dwi Cinta Wiliananda; Hadi, Syamsul
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.7.3.541-550

Abstract

This study examines the role and efforts of the National Land Agency (BPN) in anticipating and resolving disputes over dual land ownership certificates in Indonesia. Dual certificates are a serious problem in land administration, creating legal uncertainty and potentially triggering social conflict. The research method used is normative juridical with a descriptive analytical approach, focusing on the study of land regulations such as the UUPA, PP No. 24 of 1997, and the Regulation of the Minister of Agrarian Affairs and Spatial Planning/BPN. The results show that the BPN has implemented various preventive measures through an integrated land database system, the PTSL program, and electronic certificates (e-Certificates). In addition, dispute resolution is carried out through mediation, administrative clarification, and litigation at the State Administrative Court (PTUN). However, there is still a need to improve the integrity of the apparatus, procedural transparency, and strengthen the land information system to completely eliminate the practice of dual certificates and realize agrarian legal certainty in Indonesia.
Rehabilitation of Drug Abuse Victims from a Humanist Perspective Laksana, Andri Winjaya; Argo Victoria, Ong
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.7.3.469-483

Abstract

Drug abuse is one of the crucial problems faced by the Indonesian nation, not only as a legal issue, but also as a health and human rights issue. In Law Number 35 of 2009 concerning Narcotics, rehabilitation is regulated as a form of treatment for addicts. However, there is still ambiguity regarding the status of rehabilitation: whether it is a right that must be guaranteed by the state, or an obligation that must be carried out by addicts. This article aims to analyze the position of rehabilitation in the perspective of Indonesian positive law and examine the concept within the framework of human rights. The method used is normative juridical with a legislative and conceptual approach. The results of the study indicate that rehabilitation should be positioned as a fundamental right guaranteed by the state in order to fulfill the right to health, as well as being a more humane alternative to criminal punishment. The results of this study indicate that interpersonal communication built between counselors and drug addict patients uses a humanistic approach, including (1) Approaching Drug Addict Patients to Foster an Open Attitude, which is very influential in fostering effective interpersonal communication between counselors and addicts. (2) Cultivating an Attitude of Empathy, Counselors towards patients or vice versa, as a willingness to understand others completely both what is visible and what is contained, both in the aspects of feelings, thoughts and desires, when empathy grows in the interpersonal communication process, then the atmosphere of the communication relationship will be able to develop and grow an attitude of mutual understanding and acceptance, (3) Cultivating Positive Feelings in patients/clients, the success of interpersonal communication depends a lot on the quality of one's views and feelings; positive or negative. Positive views and feelings about oneself, towards counselors to addicts or vice versa will give rise to positive interpersonal communication behavior patterns as well. (4) Providing Encouragement and Support, providing encouragement or kindling of enthusiasm from counselors to addicts, so that with support in this situation, interpersonal communication will last a long time because a supportive atmosphere is created.
Implementation of The Non-Discrimination Principle Towards Layoffs (Termination of Employment) UNILAY (Case Study on PT. Yihong Novatex Indonesia Layoffs 1,126 Workers) Arjuna, Muhammad Gaung Syah; Joesoef, Iwan Erar
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.7.3.551-561

Abstract

This study discusses the case of unilateral termination of employment by PT Yihong Novatex Indonesia against more than 1,100 workers, which has sparked a debate over legality and fairness in industrial relations. PT Yihong Novatex Indonesia, a Chinese foreign-invested company in the textile and footwear industry, carried out mass layoffs on the grounds of operational efficiency due to a decline in orders and production disruptions. However, this action was deemed inconsistent with Law No. 6 of 2023 concerning the Stipulation of Government Regulation in Law No. 2 of 2022 concerning Job Creation into Law (Job Creation Law) because it did not meet the elements of proof of efficiency, was not carried out through negotiations with the labor union, and was not accompanied by the provision of normative workers' rights such as severity pay. This study uses a normative legal method with a statute approach. Data was obtained through literature review and interviews with legal experts. The results of the study show that the unilateral termination of employment by PT Yihong Novatex Indonesia is not in line with the principles of non-discrimination and worker protection, and there are indications of union busting practices that violate Article 28E paragraph (3) of the 1945 Constitution and Law No. 21 of 2000 concerning Labor Unions. In conclusion, the unilateral termination of employment by PT Yihong Novatex Indonesia does not reflect justice and legal certainty for workers. The settlement of the case through the Bandung Industrial Relations Court (PHI) is an important step in enforcing fair labor laws and strengthening the protection of workers' rights to organize and their welfare in Indonesia.
The Legal Protection for Victims of Domestic Violence in Indonesia Widodo, Hendro
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.7.3.484-502

Abstract

Domestic violence (DV) is a serious social problem and requires special attention from the legal aspect in order to protect victims comprehensively. This journal discusses legal protection for victims of domestic violence with a focus on three main aspects, namely victims' rights, reporting mechanisms and temporary protection, and efforts to restore and assist victims. First, the rights of victims of domestic violence are guaranteed by Law Number 23 of 2004 concerning the Elimination of Domestic Violence, which includes the right to physical and psychological protection, health services, legal assistance, and guarantees of the confidentiality of the victim's identity. These rights aim to provide a sense of security and support the victim's recovery process comprehensively. Second, the reporting mechanism and temporary protection are crucial initial steps in handling cases of domestic violence. Victims or their attorneys can report violence to the police, who are required to provide temporary protection within 1x24 hours after the report is received, valid for seven days while waiting for the determination of protection from the court. This protection includes physical and psychological security so that victims are protected from threats from the perpetrator during the legal process. Third, efforts to restore and assist victims are an important part of the rehabilitation process for victims of domestic violence. Assistance includes psychological counseling, legal advocacy, and spiritual guidance carried out by professional staff and related institutions in an integrated manner. This approach aims to restore the physical and mental condition of the victim and ensure that their rights are optimally restored. This journal concludes that legal protection for victims of domestic violence must be comprehensive, covering aspects of protection, law enforcement, and recovery so that victims can obtain justice and a decent life after experiencing violence. Effective implementation requires synergy between law enforcement officers, social institutions, and the community.

Page 40 of 42 | Total Record : 414

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