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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
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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 435 Documents
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Legal Accountability and Policy Solutions for Illegal Oil Drilling Criminal Acts in Aceh Rasmawan, Ariq Tsuraya; Mulyadi, Mulyadi
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.7.4.650-659

Abstract

Aceh's special status in managing oil and gas resources is regulated in Article 160 Paragraph 1 of Law Number 11 of 2006. The realization of Aceh's authority in managing oil and gas resources is achieved through the establishment of the Oil and Gas Management Agency, the Aceh Oil and Gas Management Agency (BPMA), a government institution formed to jointly manage and control upstream business activities in carrying out activities in the oil and gas sector. Although there is already an agency that oversees oil and gas management, its implementation is still ineffective, many people drill for oil illegally and cause fires that can claim lives. The purpose of this study is to determine the practice of illegal drilling in East Aceh Regency and its impact on the environment, society and efforts to manage sustainable natural resources. In this study, the research method used is the normative legal research method, namely legal research that uses empirical facts obtained through analysis of a problem. Data will be collected from various sources, including literature, legal documents (laws, regulations, policies, etc.) of case studies. In this study, the solution to the problem that can be provided is that BPMA together with PPSDM MIGAS Aceh can also overcome drilling problems that are caused by the financial conditions and difficulties of the Aceh people who still depend on oil and gas natural resources as a livelihood. By educating and providing job training for 6 months, people who are declared to have graduated from the job training program will receive worker certification and will receive wages legally and with permits, so that it is hoped that problems related to illegal drilling and problems of social conditions in the community can be resolved properly through this activity.
The Principle of Justice in the Minimum Capital Policy for Foreign Direct Investment (A Study of Fraudulent Foreign Direct Investment Companies in Bali) Putri, Khairunnisa Wiladi; Erar Joesoef, Iwan
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.7.4.660-674

Abstract

Foreign Direct Investment (FDI) holds a strategic role in the Indonesian economy, particularly in fostering industrial development and creating employment opportunities. However, the minimum capital policy stipulated in Regulation No. 4 of 2021 of the Indonesian Investment Coordinating Board (BKPM) poses significant challenges for its implementation. This study aims to analyze the effectiveness of the policy, focusing on the case of fraudulent foreign direct investment companies in Bali, and to compare Indonesia’s minimum capital policy for foreign direct investment with similar policies in Vietnam. Using a normative legal approach with statutory, comparative, and case study methods, this study found that the uniform minimum capital requirement actually constrains investment potential in certain sectors, such as tourism, which should require more flexible capital provisions. Another finding indicates that weak supervision and law enforcement create loopholes for administrative manipulation, such as fictitious capital deposits and the use of nominees, ultimately undermining the integrity of the investment system and creating injustice for law-abiding business actors. Based on this analysis, this study recommends adjusting the minimum capital policy to be more responsive to each sector's characteristics, strengthening transparency in supervision, and implementing stricter law enforcement to prevent abuses that harm the national economy. The results of this study are expected to contribute to improving Indonesia’s investment policy, creating a fairer investment climate, and supporting sustainable and inclusive economic development.
The Implementation of Restorative Justice in Cases of Verbal Sexual Harassment Salsabila, Najwa; Kayowuan Lewoleba, Kayus
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.7.4.596-611

Abstract

Verbal sexual harassment is a form of non-physical sexual violence crime as regulated in Law No. 12 of 2022 concerning Sexual Violence Crimes. This action not only degrades the victim's dignity but can also cause prolonged psychological impacts. This research aims analyze the application of the restorative justice principle to the crime of verbal sexual harassment and examine the role of law enforcement officials in its implementation. This research uses a normative-juridical method with a statutory approach and a literature study of primary, secondary, and tertiary legal materials. The results of the research show that although the application of restorative justice is possible based on Police Regulation Number 8 of 2021, Attorney General's Regulation Number 15 of 2020, and Supreme Court Regulation Number 1 of 2024, its implementation cannot be done without careful consideration. This is because the crime of verbal sexual harassment is associated with the victim's immaterial loss, which is difficult to recover merely through a peace agreement. Additionally, there is a risk of victimization if the victim is in a vulnerable position during the reconciliation process. Therefore, a litigation approach should still be prioritized when the victim explicitly desires law enforcement for the sake of certainty and the protection of their rights.
The Urgency of Establishing a Personal Data Protection Agency in Indonesia (Adopting the South Korean Personal Data Protection Agency Model) Sulthanah, Lubna Tabriz; 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.7.4.675-687

Abstract

Countries under the constitution have a responsibility to protect the privacy of every citizen, one of which is through the protection of personal data. Indonesia has not yet had its own institution tasked with realizing the implementation of the protection of personal data in an integrated manner. Indonesia, when compared to several countries in the Southeast Asia and Asia region, can be said to be lagging behind in terms of having the PDP Law, including the absence of a Personal Data Protection Institution. As a policy study material to see the form of the Personal Data Protection Agency, the researcher will examine the Personal Information Protection Commission (PIPC), which is a personal data protection institution in South Korea. The selection of the country is based on the fact that South Korea is one of the countries in Asia that is considered to meet the equality standards of data protection laws. The type of research used is a normative legal research method supported by empirical legal research methods. The data collection technique was carried out by literature study supported by interviews with parties involved in the research. The main problem that will be raised in this study is how the Personal Data Protection Institutions in Indonesia and South Korea are similar and different. In addition, what is the urgency of establishing a Personal Data Protection Agency in Indonesia that adopts PIPC in South Korea. The adoption in question does not mean plagiarizing in a complete way, but adaptation by considering constitutional conditions, capacity, and specific needs.
Legal Certainty and Reformulation of Regulations on The Granting of Industrial Plantation Forest Management Permits Hutasoit, Matthew Febrian Otniel Lambok; Fahrozi, Muhammad Helmi
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.7.4.731-745

Abstract

This study aims to examine the legal certainty of civil relations between indigenous peoples who hold land rights and holders of Industrial Forest Plantation (HTI) permits in the context of the disharmony between the Basic Agrarian Law and the Forestry Law. The research focuses on the case of the Minister of Forestry Decree No. 346/Menhut-II/2004, which granted a permit to PT Wirakarya Sakti covering an area of ±293,812 hectares in Jambi Province, overlapping with the customary lands of 134 villages and triggering prolonged agrarian conflicts. A normative juridical method was used with a case, legislation, and conceptual approach to analyze the conflict of norms and overlapping authorities. This study identified three main forms of legal uncertainty: the unclear status of land in forest areas, unfair access to resources, and the absence of effective dispute resolution mechanisms. This disharmony is exacerbated by overlapping authorities between the Ministry of Environment and Forestry and the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency, as well as weak verification of land status prior to the issuance of permits. Reformulation of HTI licensing regulations is recommended through institutional harmonization of authority, substantive revision of the Forestry Law, integration of the principles of Free, Prior, and Informed Consent, strengthening of transparency and public participation, and strengthening of evaluation and sanction mechanisms to create fair and sustainable HTI governance.
Juridical Analysis of the Culpa in Causa Principle in Indonesian Criminal Law Reform (Study of Law No. 1 of 2023) Musdalifah, Dyajeng Ayu; Masyhar, Ali
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.7.4.809-816

Abstract

The explicit integration of the culpa in causa principle in Pasal 55 of Law No. 1 of 2023 one the New Indonesian Criminal Code (KUHP Baru) refolutionizes criminal law by limiting the misuse of grounds for exemption from punishment, such as necessity and self-defense, when the offender intentionally creates those conditions. Unlike the old KUHP’s implicit reliance on jurisprudence, this provision strengthens the geen straf zonder schuld principle while balancing judicial pardon authority, through proof of subjective causality via at least two valid pieces of evidence. Courts distinguish it from objective justifications by analyzing initial intent, nullifying subsidiarity without eliminating the defendant’s subjective fault. Impacts include optimized restorative justice, legal certainty, reduced impunity from provocation, and proportional individualized sanctions, fostering an adaptive penal system that protects victims while upholding humanity. This reform aligns continental doctrines with national contexts, enhancing judicial legitimacy.
The Civil Responsibility of CNC Machined Aftermarket of Motorcycle Rim Manufacturers Regarding Manufacturing Defects Arrajab, Muhammad Baits; 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.7.4.746-758

Abstract

This study examines the form of civil responsibility of CNC aftermarket rims manufacturers when their products are found to have manufacturing defects. This study focuses on the extent to which manufacturers are obliged to guarantee the safety of consumers regarding the products they produce. The method used in this study is a normative juridical approach, examining the legal provisions governing the relationship between manufacturers and consumers by reviewing how these rules are applied in the automotive industry. The findings of the study show that manufacturers must have both legal and ethical responsibilities to provide products that are safe and meet standards, and are obliged to compensate for losses arising from product defects. This paper is expected to serve as a reference for manufacturers and consumers in understanding the scope of each party's rights and obligations.
Legal Force of Evidence in Court Against Landowners Acting in Good Faith with Letter C Evidence Above Which Another Party's Certificate of Ownership is Issued Graha, Kahfi Purwana; Artaji, Artaji; Rubiati, Betty
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.7.4.759-767

Abstract

The Basic Agrarian Law stipulates that land ownership rights can be inherited from generation to generation. One of the main objectives of the Basic Agrarian Law is to provide legal certainty regarding land rights for all citizens. However, many problems are still found related to Letter C, where land registered with Letter C is actually issued a certificate of ownership in the name of another party. This condition creates legal uncertainty for Letter C holders, because in judicial practice there are differences in legal considerations between decisions. Some decisions grant claims for ownership disputes filed by Letter C holders, while other decisions reject similar claims. The purpose of this study is to identify and analyze the legal force of evidence in court against landowners who act in good faith with evidence of Letter C on which a certificate of ownership of another party is issued. The results of the study indicate that evidence of Letter C has legal force in court, as long as it can be proven true and supported by other evidence, including documentary evidence, witness statements, confessions of the parties and the results of on-site inspections (descente).
Intellectual Property Dispute Resolution Practices: Overlapping Copyright and Industrial Design Rights in Indonesia Rohmana, Rubben Denova; Ramli, Ahmad M.; Ramli, Tasya Safiranita
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.7.4.768-782

Abstract

One of the important approaches to be studied on the issue of overlapping copyright and industrial design rights in Indonesia today is the practice of dispute resolution in the judiciary and its impact on stakeholders. In this research, the method used is a statutory approach with analytical descriptive specifications. This research found that Indonesia does not yet have preventive legal arrangements and protection for disputes over copyright and industrial design rights. The results of this study indicate that the settlement of overlapping disputes between copyright and industrial design rights in Indonesia does not reflect the principle of fairness because there is no comprehensive rule of law that can bridge between the two legal regimes. Therefore, a form of harmonization and renewal of copyright law and industrial design rights is needed, to ensure justice and legal certainty for all parties to the practice of dispute resolution.
A Comparisons of How Indonesian Law and Texas Law Address Criminal Responsibility for Sexual Violence Offenders Harley, Airiique Bintang Merah; Lewoleba, Kayus Kayowuan
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.7.4.783-798

Abstract

This study compares how criminal liability for sexual offenses is addressed in Indonesia and Texas through a normative analysis. Indonesia has shifted from its Dutch colonial legal background toward a victim-focused approach under Law No. 12 of 2022 (UU TPKS), which covers both non-physical and psychological abuse. In contrast, Texas relies on common law principles that stress consent, categorize offenses as felonies, and require offender registration. The research shows that Indonesia emphasizes restorative justice and uses wider definitions, while Texas prioritizes public safety with strict monitoring after convictions. These differences reflect distinct legal philosophies for dealing with sexual violence.

Page 42 of 44 | Total Record : 435

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