cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Yusuf Wisnu Mandaya
Contact Email
wisnumandaya@unissula.ac.id
Phone
+6282137137002
Journal Mail Official
ldj@unissula.ac.id
Editorial Address
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
Location
Kota semarang,
Jawa tengah
INDONESIA
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
 40   41   42   43   44 
Legal Strategies For Preventing Corruption In The Procurement Of Goods And Services At State-Owned Enterprises Wahyu Wibisana, Andi
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.8.1.96-123

Abstract

The procurement of goods and services within state-owned enterprises (SOEs) is the sector in Indonesia with the most widespread and recurring corruption, with state losses due to procurement corruption surging from Rp5.3 trillion between 2016 and 2020 to Rp43.33 trillion between 2021 and 2023. The absence of a decrease in corruption figures despite the ongoing strengthening of anti-corruption regulations indicates a fundamental gap in SOE procurement governance. The core issue is the absence of a comprehensive, integrated, and legally binding prevention strategy. At the same time, SOE boards of directors have the full authority to establish procurement procedures independently without equivalent accountability standards. This study employs a normative-dogmatic legal methodology. The findings reveal that procurement fraud in SOEs occurs systematically across all stages of the procurement cycle and across sectors. Furthermore, it is found that fraud prevention fails due to a ‘trifragmentation’ of the system, which undermines the substance of regulations by containing normative gaps, a supervisory structure co-opted by conflicts of interest, and an internal legal culture that is permissive towards gratification. The discussion concludes that the most coherent academic response is to formulate a single binding legal instrument that closes every fraud loophole at every layer of the procurement cycle, restores the independence of internal oversight, and institutionalises anti-corruption cultural transformation as a corporate obligation.
Assessing The Jurisdictional Legitimacy of International Criminal Court (ICC) in Arresting Head of State from Non-Party States to The Rome Statute (Case Study: The Problematics of Arresting Benjamin Netanyahu) Dhumilla, Dewic Sri Ratnaning; Ricardo, Jeremia
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.8.1.188-199

Abstract

The issuance of an arrest warrant by the ICC for Israel Prime Minister Benjamin Netanyahu presents a fundamental juridical problem, given Israel's status as a non-State Party and Netanyahu's status as an active head of state. This research aims to (1) analyze the legal basis and legitimacy of the ICC's jurisdiction, and (2) analyze the resolution of the legal antinomy between the ICC's authority (Article 27) and the doctrine of head of state immunity (Customary International Law). This study employs a normative juridical methodology, utilizing statute, case, and conceptual approaches. The analysis reveals that the ICC's jurisdiction is legally valid, as it is not based on the perpetrator's nationality (ratione personae), but on the territorial delegation of jurisdiction (ratione loci) by Palestine as a State Party (Article 12(2)(a)), a basis confirmed by the 2021 Pre-Trial Chamber I decision. Furthermore, the study finds that the legal antinomy regarding immunity is resolved in favor of international criminal law. Head of state immunity (immunity ratione personae), rooted in the par in parem non habet imperium principle and the ICJ's 2002 Arrest Warrant case, is found to be inapplicable in the vertical relationship vis-à-vis an international court. This resolution is supported by Paragraph 61 of the Arrest Warrant decision itself and the ICC Appeals Chamber's 2019 judgment in the Al-Bashir (Jordan Referral) case. Thus, Article 27 (irrelevance of official capacity) prevails, and the ICC's legal basis for the arrest warrant is sound.
Building Rights, Management Rights, and the Limits of Horizontal Separation Principle in the Sultan Hotel Case Based on UUPA and PP 40/1996 Anggoro Wicaksono, Jordan; Sujadi, Suparjo
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.8.1.124-137

Abstract

This paper studies the complexity surrounding the Hotel Sultan dispute by examining the legal status of the building rights. The dispute holds tension between PT Indobuildco as the HGBs (building rights) holder and the State Secretariat as the HPL (management rights) holder. Using normative-juridical analysis, this paper analyzed the application of the horizontal separation principle under Indonesia’s Basic Agrarian Law (UUPA) and Government Regulations No. 40 of 1996. This paper finds that without the HPL holder consent, the Sultan Hotel’s HGBs extension was legally invalid despite PT Indobuildco longstanding hotel development as they continuously failed to renew their HGBs after both expired in 2023. The legal situation challenges investor confidence and tenure security in the face of regulatory clarity and administrative discretion. In addition, this paper argues that this case illustrates the absence of indemnity clauses and conflict resolution further showcase Indonesia’s legal and institutional vulnerabilities in managing public assets. This case highlights the necessity of a stronger legal safeguard and standardized procedures in land governance.
Limitation of Liability of Corporate Organs in the Establishment of a Sole Proprietorship Limited Liability Company Jaya, Febri; Afdal, Windi
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.8.1.138-148

Abstract

The type of research by the author in this study is normative legal research to involves and examining applicable laws and regulations as well as other relevant legal literature, commonly referred to as secondary data, in order to address specific legal issues in accordance with the research object. The liability of a limited liability company's organs is generally limited to the shares held in the company. However, in a Sole Proprietorship Limited Liability Company, management is carried out by the same person, both as Directors and as Meeting Decision-makers under the Job Creation Law. Therefore, in practice, there are many potential conflicts of interest that cause individuals who act as both founders and managers of a Limited Liability Company to be liable for their personal assets, provided that their errors and negligence can be legally proven in the Court where the Limited Liability Company is legally registered.
Strategy to Strengthen Legal Certainty in Determining BPHTB to Support Development in North Sumatra Sari, Meta Permata; Ginting, Surya Perdana; Wajdi, Farid
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.8.1.149-162

Abstract

Land and Building Acquisition Tax (BPHTB) is a source of Regional Original Income that plays a strategic role in supporting regional fiscal independence. However, in practice, the determination of BPHTB in several districts/cities in North Sumatra Province still faces various problems that impact on weak legal certainty for taxpayers. These problems include differences in the assessment of the Taxable Object Acquisition Value (NPOP), regulatory fragmentation between regions, limited apparatus capacity, and the lack of integration of tax and land administration information systems. This study aims to analyze weaknesses in the determination of BPHTB and formulate strategies to strengthen legal certainty to support regional development in North Sumatra. This study uses a normative legal research method with a statutory, conceptual, and limited empirical approach through an analysis of BPHTB administrative policies and practices in the region. Data were obtained through a literature review of relevant laws and regulations, policy documents, and scientific literature, then analyzed qualitatively. The research results indicate that the weak legal certainty in determining the Land and Building Tax (BPHTB) is caused by the lack of standardization of the NPOP assessment methodology, disparities in administrative procedures between regions, limited capacity of regional tax officials, and the lack of integration of information systems between institutions involved in land administration and taxation. To overcome these problems, a strategy is needed to strengthen legal certainty through standardization of taxable object assessment methodology, digitization and integration of the BPHTB administration system, strengthening the objection mechanism, and increasing the capacity of regional tax officials. With effective and transparent policy implementation, the BPHTB determination system is expected to provide legal certainty for taxpayers while enhancing the role of BPHTB as a supporting instrument for sustainable regional development in North Sumatra Province.

Page 44 of 44 | Total Record : 435

 40   41   42   43   44 

Filter by Year

2019 2026


Reset
Filter By Issues
All Issue Vol 8, No 1 (2026): March 2026 Vol 7, No 4 (2025): December 2025 Vol 7, No 3 (2025): September 2025 Vol 7, No 2 (2025): June 2025 Vol 7, No 1 (2025): March 2025 Vol 6, No 4 (2024): December 2024 Vol 6, No 3 (2024): September 2024 Vol 6, No 2 (2024): June 2024 Vol 6, No 1 (2024): March 2024 Vol 5, No 4 (2023): December 2023 Vol 5, No 3 (2023): September 2023 Vol 5, No 2 (2023): June 2023 Vol 5, No 1 (2023): March 2023 Vol 4, No 4 (2022): December 2022 Vol 4, No 3 (2022): September 2022 Vol 4, No 2 (2022): June 2022 Vol 4, No 1 (2022): March 2022 Vol 3, No 4 (2021): December 2021 Vol 3, No 3 (2021): September 2021 Vol 3, No 2 (2021): June 2021 Vol 3, No 1 (2021): March 2021 Vol 2, No 4 (2020): December 2020 Vol 2, No 3 (2020): September 2020 Vol 2, No 2 (2020): June 2020 Vol 2, No 1 (2020): March 2020 Vol 1, No 2 (2019): December 2019 Vol 1, No 1 (2019): June 2019 More Issue