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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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Juridical Analysis Changes Number Minimum and Maximum Sanctions Corruption Against Justice and Legal Certainty Elia, Christopher; Kholiq, Abdul
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.7.3.503-518

Abstract

This study aims to analyze the juridical comparison of changes in the minimum and maximum sanctions for corruption crimes in the new Indonesian Criminal Code (Law Number 1 of 2023) compared to the Anti-Corruption Law (Law Number 31 of 1999 juncto Law Number 20 of 2001). The research seeks to examine how these changes affect the principles of justice and legal certainty amid Indonesia’s ongoing struggle with corruption. The research method was used a normative juridical approach with legislative, conceptual, and case approaches. Data were obtained from primary, secondary, and tertiary legal materials through literature study, and analyzed using qualitative, content, and descriptive analysis techniques. The novelty of this research lies in its comprehensive analysis of both the minimum and maximum criminal sanctions, supported by factual data such as corruption case trends, the Anti-Corruption Behavior Index, and the interpretation of Decision Number 1/Pid.Sus-TPK/2024/PN Mam. This study also introduces adaptive solutions through penal and non-penal measures, such as asset forfeiture, revocation of political rights, and restrictions on public office, to strengthen deterrence and restore justice. Based on the research concluded that the reduction of sanctions for corruption crimes in the new Criminal Code is inconsistent with Indonesia’s corruption reality and requires refinement to ensure the balance between justice, legal certainty, and the effectiveness of corruption eradication.
The Company's Legal Responsibility for Consumer Personal Data Leaks (Case Study on Tokopedia) Kusuma, Nanda Putri Andana; Satino, Satino
Law Development Journal Vol 7, No 4 (2025): December 2025
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.7.4.586-595

Abstract

The personal data leak experienced by Tokopedia in 2020 was one of the biggest incidents in the history of data protection in Indonesia. This incident, which involved more than 91 million user accounts, raised concerns about weak cybersecurity and the lack of law enforcement related to personal data protection. This study aims to analyze the legal responsibility of companies for the leakage of consumer personal data based on applicable laws and regulations, including the Personal Data Protection Law (PDP Law), the Electronic Information and Transaction Law (ITE Law), and their derivative regulations. The research method used is normative legal research through the study of laws and regulations, literature, and case documents. The results of the study show that as an Electronic System Operator (PSE), Tokopedia has an obligation to ensure the security of personal data and is responsible for any violations that occur. Affected users have several legal remedies, including administrative complaints to the Ministry of Communication and Information Technology, civil lawsuits based on unlawful acts, class actions, and criminal reports. This study emphasizes the importance of enforcing the principles of accountability and consumer protection in personal data management to prevent similar incidents from recurring in the future.
Juridicial Review of The Role of Indonesian Army in The Government Governance System Sakha, Raihan Putra; Jaya Wardana, Dodi
Law Development Journal Vol 7, No 4 (2025): December 2025
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.7.4.562-576

Abstract

This study aims to determine the contents of the TNI Bill, which contains regulations governing the duties and authorities of the TNI. The TNI Bill regulates active TNI soldiers assigned as the Indonesian National Armed Forces, thus determining the roles that may and may not be performed within government institutions. The amendment to the TNI Bill was first proposed by the Indonesian House of Representatives (DPR RI) to provide a more detailed legal basis for the TNI's role in carrying out national defense duties. However, the amendment to the TNI Bill has raised public concern, as it is feared that the amendment to the TNI Bill will replace the previously civilian-led government with active TNI members, potentially leading to a repeat of the events of the New Order era, in which most state governments were staffed by ABRI personnel, which in practice severely limited freedom of expression. This study aims to determine the duties of governance, and the impact is also to determine the strengths and weaknesses of state institutions or ministries that will be staffed by Indonesian National Armed Forces soldiers in accordance with the approved bill. Meanwhile, the research used is normative juridical research (legal research). While legal research (legal research) according to Peter Mahmud Marzuki is to find a coherent truth, namely whether there are legal rules in accordance with legal norms and whether there are norms in the form of commands or prohibitions that are in accordance with legal principles and whether actions (acts) a person in accordance with legal norms (not just legal rules) or legal principles.
Analysis of Land Dispute Resolution Due to Dual Certificates in Indonesia (Study of Supreme Court Decision Number 217/PDT/2021/PT KPG) Aria Torik Akbar, Muhamad; Kaharuddin, Kaharuddin
Law Development Journal Vol 7, No 4 (2025): December 2025
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.7.4.577-585

Abstract

This study discusses the resolution of land disputes resulting from duplicate certificates using a case study of Supreme Court Decision Number 217/PDT/2021/PT KPG. The main issues examined include the causes of the duplicate certificates, the validity of each certificate according to the Basic Agrarian Law (UUPA), and their implications for legal protection for legitimate certificate owners. The research method used is normative juridical with a statutory and case-based approach. The results show that the duplicate certificates arose due to administrative and measurement errors by the Ende Regency Land Agency (BPN), which resulted in an overlap between Land Ownership Certificate Number 153 in the name of Asnah Achmad and Number 658 in the name of Muhamad Adolf Sir. The Supreme Court ruled that the certificate issued earlier has valid legal force. This decision strengthens the principles of legal certainty, justice, and the state's responsibility in providing legal protection for legitimate land owners, and serves as a basis for improving the land administration system in Indonesia.
Juridical Analysis of Child Custody Disputes Involving Parents with Psychological Disorder Anggraeni, Destya; Sulastri, Sulastri
Law Development Journal Vol 7, No 4 (2025): December 2025
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.7.4.612-621

Abstract

Child custody disputes following divorce in Indonesia continue to leave broad interpretive gaps and contribute to legal uncertainty. This study examines post-divorce child custody conflicts with a particular focus on cases involving parents with psychological disorders. The research employs a normative legal method through an analysis of statutory regulations and judicial decisions. Child custody in Indonesia is governed by the Marriage Law, the Compilation of Islamic Law (KHI), and the Child Protection Law, all of which consistently emphasize the principle of the best interests of the child. However, in practice, significant legal uncertainty remains, as judges often rely primarily on Article 105 of the KHI, which grants custody of non-mumayyiz children or those under the age of twelve to the mother, even when she exhibits psychological disorders. The case studies examined in this research Decision No. 4222/Pdt.G/2023/PA.Tgrs and Decision No. 0461/Pdt.G/2020/PA.Gs demonstrate differing judicial considerations in assessing evidence of psychological disorders. The findings highlight the need for a more comprehensive judicial approach and standardized psychological assessment procedures for both children and parents in custody disputes, ensuring decisions are more objective and child-protection oriented. Such measures are expected to prevent children from becoming victims of custody conflicts and to safeguard their long-term well-being.
The Urgency of Enacting Asset Forfeiture Legislation in Relation to Criminal Offenses: A Perspective of Justice and Utility Pratama, Muhammad Lutfi; Rasji, Rasji
Law Development Journal Vol 7, No 4 (2025): December 2025
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.7.4.688-701

Abstract

Along with the times, economic crimes are increasingly massive and structured. The complexity of these criminal acts can be seen from the development of modes used in carrying out crimes, such as the ease of escaping money from criminal acts which only takes a short time. The construction of the legal system, which currently focuses only on the confiscation of assets through criminal proceedings, is often limited in effectiveness because it requires a court decision with permanent legal force. This causes many assets resulting from crime that cannot be used for the benefit of the state or society. As a form of parliamentary support, the idea emerged to regulate the confiscation of assets resulting from criminal acts in a special law. However, the ratification of the Asset Forfeiture Bill has not been carried out until the time this research is written. This condition reflects the existence of obstacles in the legislation process that have an impact on efforts to eradicate crimes, especially in terms of the confiscation of assets resulting from crime. There are two main problems that will be raised, the first is how the practice of confiscating assets resulting from criminal acts in Indonesia according to the applicable rules is reviewed from the perspective of justice and utility. Second, how is the urgency of the Law on Asset Forfeiture Related to Criminal Acts reviewed through the perspective of justice and benefits. The type of research used is normative legal research. The nature of the research used is Descriptive Legal Research with the type of data used is secondary data. The data collection technique is carried out by library research through a statute approach and a conceptual approach.
Smart Contracts in Non-Fungible Token Transactions Using Cryptocurrency (Case Study on Ghozali Everyday) Nabilla, Anissa; Suherman, Suherman
Law Development Journal Vol 7, No 4 (2025): December 2025
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.7.4.622-636

Abstract

The development of blockchain technology has given rise to new innovations in the form of smart contracts, which are widely used in digital asset transactions, including Non-Fungible Tokens (NFTs). One case that highlights this phenomenon is Ghozali Everyday, where smart contracts play a crucial role in regulating the buying and selling of NFTs. However, the implementation of smart contracts in Indonesia faces legal challenges, particularly regarding the use of cryptocurrency as a payment instrument, which is still prohibited by Bank Indonesia regulations, even though electronic contracts are recognized as valid by the ITE Law. This study uses a normative juridical method with a legislative and conceptual approach. The analysis is conducted using Hans Kelsen's Hierarchy of Norms theory and Gustav Radbruch's Legal Validity theory to assess legal certainty, fairness, and utility in regulating smart contracts and cryptocurrencies in Indonesia. The results show a conflict of norms that creates legal uncertainty and limited legal protection for digital asset transaction actors. Therefore, regulatory updates are needed that are adaptive, consistent with the hierarchy of laws and regulations, and provide more comprehensive protection for consumers and businesses.
The Influence of Social Media on the Formation of Public Opinion in the State Policy Making Process Hariani, Rahmania Nur; Jaya Wardana, Dodi
Law Development Journal Vol 7, No 4 (2025): December 2025
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.7.4.702-716

Abstract

Modern life today is inseparable from information technology, one of which is the use of social media, where everyone can access various things they want to know. Social media is used to facilitate daily life, especially in terms of accessing information such as socio-political and economic. Along with the rapid development of information technology, social media has become a powerful platform for sharing information, interacting, and seeking public support. This phenomenon raises important questions about how social media shapes public opinion and, ultimately, influences the political process and policymaking. With social media, anyone can increase or show one's popularity and can also create narratives that are less accurate and objective about someone. Despite the various positive impacts of social media, it also has negative impacts. If users are unable to properly filter news or information containing divisions, hoaxes or fake news, issues of ethnicity, religion, and others carried out by irresponsible people, such information can cause chaos and can certainly divide unity. Therefore, the problem of this research is the level of influence of social media on public formation and what role social media plays in the formation of public opinion in the state policy process, whether constructive or critical. With the normative method, namely the normative legal research method (normative juridical), namely studying the legal rules, theories and principles that regulate freedom of opinion, the right to information and public participation in the process of forming state policy.
Increasing Criminal Threats for Illegal Pharmaceutical Trade: A Critical Review of Health Law Reform in Indonesia Sudibyo, Ibnu; Hapsari, Ifahda Pratama
Law Development Journal Vol 7, No 4 (2025): December 2025
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.7.4.637-649

Abstract

The illegal trade in pharmaceutical preparations poses a public health risk and challenges the effectiveness of the criminal justice system. Reforms through Law No. 17 of 2023 concerning Health increase the criminal penalty for violating quality standards to 12 years in prison and a fine of 5 billion rupiah, but simultaneously remove the explicit provisions regarding criminal penalties for distribution without a distribution permit, as previously stipulated in Article 197 of Law No. 36 of 2009. This article normatively and critically analyzes the implications of these reforms for legal certainty and deterrent effects, by linking empirical findings from several regional studies (Tarakan, Gorontalo, and North Bolaang Mongondow) and enforcement practices in the e- commerce realm. The results of the study indicate a strengthening of quality sanctions, but also a potential gap in norms for distribution without a permit, which encourages the dominance of administrative sanctions (takedown) over criminal penalties. Implementation obstacles also stem from inter-institutional coordination, limited infrastructure, and low public participation. Recommendations are directed at harmonizing derivative regulations, strengthening coordination between BPOM, the Police, the Prosecutor's Office, and the Courts, as well as arranging proportional and consistent administrative-criminal sanction schemes.
The Right to Be Forgotten Regulation for Former Convicts in Indonesia Yohana, Maria; Lukman Ibrahim, Aji
Law Development Journal Vol 7, No 4 (2025): December 2025
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.7.4.717-730

Abstract

This paper discusses the regulation of the right to be forgotten for former prisoners in Indonesia as an effort to support social reintegration and reduce recidivism rates. Based on normative legal research with legislative, comparative, and conceptual approaches, this study examines the regulation of the right to be forgotten in several countries such as the European Union, Japan, and South Korea, which have comprehensively regulated it in personal data protection laws. Meanwhile, in Indonesia, although it has been recognized in Article 26 of the ITE Law, Article 15 of Government Regulation No. 71 of 2019, and Article 8 of the PDP Law, the regulation is still partial, non-operational, and does not specify the requirements and mechanisms for its implementation, especially for former prisoners. Therefore, the author recommends a revision to Article 26 of the ITE Law to change the lawsuit mechanism to a request and add clear, selective, and proportional substantive provisions and exceptions to optimize the granting of the right to be forgotten for former prisoners who meet certain requirements.

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