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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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Analysis of the Use of Discretionary Rights in the Implementation of Regional Elections DAN, Elisabeth; Silalahi, Wilma
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.7.4.799-808

Abstract

Democracy is a system of governance that places the people as the ultimate holders of political authority. One of its primary manifestations is the mechanism of general elections, including local elections (Pilkada). Pilkada represents a concrete form of democracy at the regional level, allowing citizens to determine their local leaders. In practice, however, election administrators may confront circumstances that are not clearly regulated. In such situations, discretionary right becomes relevant to enable decision-making in the face of legal gaps or ambiguities, provided that it aligns with the general principles of good governance. This study aims to analyze the use of discretion by the Banjarbaru City General Election Commission (KPU Kota Banjarbaru) as the election management body in the 2024 mayoral and vice-mayoral election. The research method was used normative (doctrinal). The novelty in this research is the need to address specific situations, such as those encountered during the Pilkada implementation phase, by examining the 2024 simultaneous Pilkada in Banjarbaru City. Based on the research concluded that KPU’s decision to continue using the original ballotlisting two candidate pairs despite the disqualification of one pair and to classify votes for the disqualified candidate as invalid without clear differentiation constitutes an improper exercise of discretion. This decision neglected the principles of public interest, legal certainty, justice, and the protection of citizens’ electoral rights. The KPU’s inaccurate use of outdated ballots resulted in ambiguity regarding vote status, violations of fairness and electoral validity, and a decline in public trust in the integrity of the election process.
The Role of the Land Deed Officials in the Implementation of Electronic Land Certification in Indonesia Wanda Desvira Putri, Adelia; Sunardi, Sunardi; Siboy, Ahmad
Law Development Journal Vol 8, No 1 (2026): March 2026
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.8.1.13-20

Abstract

Land registration is a series of continuous governmental activities, encompassing the collection and maintenance of physical and juridical data, as well as the issuance of proof of land rights and the recording of other rights attached thereto. The purpose of land registration is to provide legal certainty and protection through the issuance of certificates as valid evidence. The Land Deed Official (PPAT) is authorized to draw up land deeds as the basis for the issuance of certificates, thus playing an essential role in ensuring the validity and security of transactions. In order to modernize public services and support national progress in the land sector, the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency (ATR/BPN) has implemented a policy on the issuance of electronic land certificates.Based on this background, the formulation of the problems in this research is as follows: first, how is the role of the Land Deed Official (PPAT) in maintaining the validity of land certificate data within the electronic land service system; and second, what are the authority and responsibilities of the Land Deed Official (PPAT) in the process of electronic land rights services in accordance with the applicable regulations. This research employs a normative legal research method using statutory, conceptual, and historical approaches. The legal materials consist of primary legal materials in the form of laws and regulations related to land certificate registration and Land Deed Officials, secondary legal materials in the form of legal literature and previous research, and tertiary legal materials as supporting sources. The analysis is conducted qualitatively through interpretation and legal construction of statutory regulations and relevant doctrines. The results of this study affirm that the Land Deed Official (PPAT) possesses juridical authority to draw up authentic deeds related to the registration of electronic land certificates. The Land Deed Official (PPAT) ensures the security and transparency of the process, thereby reducing land disputes. The Land Deed Official (PPAT) is responsible for ensuring the validity of data through the integrated system of the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency (ATR/BPN) by requiring the submission of electronic documents.
Corporate Social Responsibility Law and the Prevention of MSMEs Bankruptcy in the Digital Era Sunarto, Atika; Gulo, Nestiani; Anggraini, Putri; Ali Adnan, Muhammad
Law Development Journal Vol 8, No 1 (2026): March 2026
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.8.1.21-35

Abstract

The digital era poses bankruptcy risks for MSMEs in Medan City due to low digital literacy, weak financial management, and limited market access. Corporate Social Responsibility (CSR) implemented by Bank Sumut Berkah plays a strategic role in preventing bankruptcy and enhancing the competitiveness of MSMEs. This study analyzes the implementation of CSR, the challenges encountered, and the impact of the program on business resilience in the digital era using a normative juridical method through literature review, policy document analysis, and semi-structured interviews. The findings indicate that the implementation of Corporate Social Responsibility by Bank Sumut Berkah significantly contributes to improving managerial capacity, financial literacy, business digitalization, and market access for Micro, Small, and Medium Enterprises. The program is able to reduce bankruptcy risk and strengthen business competitiveness in the digital era. The main challenges identified include limited understanding of digital technology, the short duration of mentoring, and uneven access to program information. Therefore, continuous assistance, broader program dissemination, and the establishment of business networks or communities are necessary to enhance program effectiveness.
The Role of the Medan City Legal Aid Institute in Providing Pro Bono Legal Aid to the Community Martua Nainggolan, Yedija; Simamora, Janpatar; Sihotang, Januari
Law Development Journal Vol 8, No 1 (2026): March 2026
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.8.1.36-52

Abstract

This study examines the role of the Legal Aid Institute (LBH) in Medan in providing free legal services to low-income communities. This service aligns with Law Number 16 of 2011 concerning Legal Aid, which emphasizes the importance of access to justice for those who utilize these services. However, the lack of public understanding and information about LBH is a major obstacle. The approach used in this study is a normative juridical approach coupled with an empirical approach, which includes regulatory analysis and interviews with various stakeholders. The results of this study indicate that LBH in Medan plays a crucial role in supporting the community through both litigation and non- litigation processes. Some challenges faced include limited workforce, low public awareness, and inadequate government support. Therefore, collaboration between the government, the community, and LBH is crucial to improve the effectiveness of free services for communities in need.
Legal Perspectives on Underage Marriage in The Dayak Customary Society: Challenges and Human Rights Protection Hayati, Mulida; Septian Noor, Rico
Law Development Journal Vol 8, No 1 (2026): March 2026
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.8.1.53-70

Abstract

This study examines the conflict between state law and Dayak customary law regarding underage marriage practices. Using a legal pluralism framework and a socio-legal approach, this study analyses the customary rationality that legitimises these practices and their impact on human rights, particularly for women. The method used is empirical legal research, which fundamentally examines law in its social context. This choice is based on the research objective to understand how state law, particularly the Marriage Law, interacts and often conflicts with Dayak customary law that is alive and practised by the community. The results of this study show that customary marriage, driven by socio-economic factors and efforts to avoid communal sanctions, creates legal dualism that hinders children's access to fundamental rights to education and health. This study concludes that repressive law enforcement is ineffective and recommends an accommodative protection model.
Law Enforcement for the Crime of Insulting the Government in Relation to the Principle of Ultimum Remedium in the Perspective of the Right to Freedom of Expression Pinem, Shelma Shetty; Sulistiani, Lies; Arta Atmaja, Budi
Law Development Journal Vol 8, No 1 (2026): March 2026
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.8.1.71-84

Abstract

This study examines law enforcement practices or state responses to the crime of insulting the government and how this principle of ultimum remedium works in law enforcement of the crime of insulting the government in Indonesia. Through comparative study methods with countries outside Indonesia, literature studies, and interviews with law enforcement officials to see their law enforcement practices from the perspective of law enforcement. The results of the study show that although the 2023 Criminal Code has regulated insults against the government as an absolute complaint, the norm still leaves room for multiple interpretations between criticism and insults. Law enforcement practices in Indonesia show a tendency to use criminal law as the primary instrument (primum remedium), although normatively recognizing ultimum remedium so that clearer limits, strengthening non-criminal mechanisms, and procedural safeguards are needed to be in line with freedom of expression in a democratic country. This study aims to find out the practice of law enforcement and how this principle of ultimum remedium is present in law enforcement.
Enforcement of Law Against Violations of Dedicated Bus Rapid Transit (BRT) Lanes in the Legal Systems of Indonesia and the United States Tambunan, Daniel; Prasetyo, Handoyo
Law Development Journal Vol 8, No 1 (2026): March 2026
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.8.1.1-12

Abstract

This article examines the legal framework and law enforcement mechanisms addressing violations of exclusive Bus Rapid Transit (BRT) lanes, with a primary focus on the TransJakarta system in Indonesia and a comparative perspective with practices in Minneapolis and Austin, United States. The misuse of dedicated BRT lanes by unauthorized vehicles remains a persistent urban transport problem that undermines service efficiency, travel time reliability, and public trust in mass transportation systems. Despite the existence of clear legal norms, weak compliance and inconsistent enforcement continue to challenge the effectiveness of BRT operations. This research applies a normative juridical method using statutory and comparative approaches. Primary legal materials include national traffic and transportation laws, regional regulations of the Jakarta Provincial Government, and municipal ordinances in selected U.S. cities. Secondary legal materials consist of academic journals, policy reports, and official government publications related to public transportation and traffic law enforcement. The findings indicate that Indonesia relies heavily on a centralized regulatory framework supported by police enforcement and electronic traffic law enforcement (ETLE), while enforcement consistency and technological coverage remain limited. In contrast, cities in the United States emphasize localized regulation, automated enforcement systems, and administrative sanctions designed to create a deterrent effect. This study concludes that strengthening inter-agency coordination, expanding evidence-based automated enforcement, harmonizing sanctions between national and local regulations, and enhancing public legal awareness are essential to improving compliance and ensuring the sustainability of BRT systems as a backbone of urban mobility.
Legal Analysis of Criminal Liability of Land Deed Officials (PPAT) for Land Document Engineering (Study of West Jakarta District Court Decision Number 248/Pid.B/2022) Debataraja, Rahmat Tri Andika; Simamora, Janpatar; Sihotang, Januari
Law Development Journal Vol 8, No 1 (2026): March 2026
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.8.1.85-95

Abstract

This study aims to analyze the criminal liability of Land Deed Officials (PPAT) in the fabrication of land documents as well as the supervision and prevention efforts based on the West Jakarta District Court Decision Number 248/Pid.B/2022. The issues studied include the form of criminal liability of PPAT involved in falsification or manipulation of land documents and the effectiveness of the supervision mechanism by the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency. The research method used is normative legal research with a statutory approach and a case approach, and analyzed qualitatively. The results of the study indicate that PPAT can be held criminally responsible if proven to have intentionally participated in the act of authentic deeds. In addition, administrative supervision of PPAT still faces various obstacles, so it is necessary to strengthen the supervision system, increase professionalism, and enforce strict sanctions to prevent the recurrence of the practice of fabricating land documents.
Legal Certainty of Land Rights Based on Land Statement Letters within Industrial Plantation Forest Areas (A Study in Bengkalis Regency) Toguan, Zulfikri; Rodyahsriningsih, Rodyahsriningsih; Afriansyah, Ridho
Law Development Journal Vol 8, No 1 (2026): March 2026
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.8.1.163-177

Abstract

Land occupies a strategic position in social life and national development; consequently, its control and utilization must be regulated in a manner that ensures legal certainty. In practice, particularly in rural areas, communities frequently rely on a Land Statement Letter (Surat Keterangan Tanah/ SKT) as evidence of land possession. Legal issues emerge when land possessed by communities on the basis of an SKT is located within areas designated as Industrial Plantation Forests (Hutan Tanaman Industri / HTI), where the state has granted official management permits to corporate entities. Such circumstances give rise to competing claims between communities exercising de facto control over the land and companies holding formal legal authorization issued by the government. This study seeks to examine the legal status of community land possession based on SKT within HTI areas and to assess the extent to which legal certainty is ensured, with reference to Supreme Court Decision Number 1429 K/Pdt/2022. The research adopts an empirical legal method employing a descriptive-analytical approach. Primary data were obtained through interviews with SKT holders, village officials, and representatives of the relevant company, while secondary data were collected from statutory regulations, legal scholarship, and judicial decisions. The collected data were analyzed qualitatively through a juridical approach in order to understand the practice of land control and the scope of its legal protection. The findings indicate that an SKT does not possess evidentiary value equivalent to that of a land ownership certificate, which constitutes strong legal proof of title under Indonesian land law. In cases where the disputed land is situated within HTI areas, legal certainty tends to favor parties holding formal permits issued by the state. Hence, the existence of an SKT in itself does not provide sufficient legal protection for communities unless it is followed by formal land registration in accordance with applicable land law regulations.
Progressive Legal Paradigm in Batam's Fiscal Transformation: Regulatory Reconstruction Towards Eco-Digital Logistic Hub 2045 Catur Wismo Malaicanto, Totok
Law Development Journal Vol 8, No 1 (2026): March 2026
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.8.1.178-187

Abstract

The development of the digital economy has driven significant growth in e-commerce activities, including in free trade zones. This situation creates new challenges in the implementation of Value Added Tax (VAT) policies, particularly related to tax administration mechanisms, digital transaction oversight, and the balance between state revenue interests and the sustainability of digital economy actors. This study aims to analyze VAT policies on e-commerce in free trade zones and formulate a policy reconstruction model that is fairer and more adaptive to the development of the digital economy. This study uses a normative legal research method with a legislative approach, a conceptual approach, and a comparative approach. The theoretical framework of this study uses the theory of distributive justice proposed by John Rawls. The results show that VAT policies on e-commerce still face various problems, including the complexity of tax administration, limited oversight of digital transactions, and high compliance costs for micro and small businesses. Therefore, this study proposes a reconstruction of digital VAT policies through the implementation of a Simplified VAT Scheme, a Marketplace Tax Collection Model, and special regulations for small-value digital transactions. This policy model is expected to create a digital tax system that is simpler, fairer, and able to support the development of the digital economy in free trade zones.

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