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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 496 Documents
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Alternative Dispute Resolution in the Context of Customary Law Issues in Indonesia Ahmad Muliadi; Yuliasara Isnaeni
Law Development Journal Vol 8, No 2 (2026): June 2026
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.8.2.902-917

Abstract

The Baduy community is well known for its strong adherence to customary law, which governs all aspects of life, including dispute resolution. The process is typically carried out through deliberation that prioritizes peace (silih hampura) and is led by customary leaders such as the Pu’un and Jaro. This study aims to examine alternative mechanisms for resolving customary law disputes among the Baduy people in Lebak Regency, Banten Province, with a focus on the forms of alternative dispute resolution and the challenges faced in the modern era. The research employs normative juridical and empirical juridical methods, with the study conducted in Lebak Regencys. Data were obtained through literature studies and interviews with customary leaders and members of the Baduy community. The results indicate that dispute resolution within Baduy customary law is restorative in nature, emphasizing the restoration of social relations over punitive measures. However, various challenges affect the effectiveness of this dispute resolution system, including the limited jurisdiction of customary law that does not extend to external parties, lack of understanding of customary law among state officials, the erosion of adherence among the younger generation due to modernization, suboptimal legal protection from the state, and the limited capacity of customary institutions themselves. If customary efforts fail to resolve disputes, cases are then handed over to national law as an ultimum remedium. This study recommends strengthening the synergy between customary law and national law through practical formal recognition, enhancing the capacity of customary institutions, and fostering intergenerational education to ensure the sustainability of customary-based dispute resolution while maintaining legitimacy within the framework of national law.
The Dialectics of Islamic Law and Customary Law in Resolving Digital Cultural Grievances: A Case Study of Pandji Pragiwaksono’s Customary Sanctions in Tana Toraja Ahmad Faizal Adha; Fahmi Fatwa Rosyadi Satria Hamdani; Liana Abia Fatimah
Law Development Journal Vol 8, No 2 (2026): June 2026
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.8.2.538-551

Abstract

This study aims to analyze the legal construction and dialectical interaction between Islamic law and customary law in resolving digital cultural grievances in Indonesia's pluralistic legal system. It focuses on the landmark case of comedian Pandji Pragiwaksono, who was subjected to Torajan customary sanctions in 2026 for digital comedy content produced in 2013. The research employs a qualitative normative juridical method utilizing case, conceptual, and statutory approaches. The results reveal that digital cultural offenses can be theoretically reconstructed as Jarimah Ta'zir, as the permanent nature of digital footprints satisfies the formal, material (al-rukn al-maddi), and moral (al-rukn al-adabi) elements of a discretionary offense that degrades communal dignity (al-ihanah). Furthermore, the study demonstrates that the Torajan customary sanction of one pig and five chickens within the Massarrin ritual possesses structural harmony with the Islamic principles of Islah (reconciliation) and Maslahah Mursalah, prioritizing the restoration of social equilibrium and protection of honor (Hifdz al-'Ird) over rigid retributive state punishments. Ultimately, this research provides a conceptual hybrid model of living law-based restorative justice, offering critical practical and theoretical insights for law enforcement and judicial alignment under the framework of the New Indonesian Criminal Code (Law No. 1 of 2023).
The Dynamics of Promise in DSN-MUI Fatwa Number 106/DSN-MUI/X/2016 Regarding the Endowment of Insurance Benefits and Investment Benefits in Sharia Life Insurance Eva Fauziah; Panji Adam Putra; Cecep Soleh Kurniawan
Law Development Journal Vol 8, No 2 (2026): June 2026
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.8.2.822-841

Abstract

The differing opinions among Islamic jurists regarding the legal standing of a promise (wa’d) have led to at least three distinct scholarly views on the matter. In the context of implementing Islamic financial products in Indonesia, the National Sharia Council of the Indonesian Ulema Council (DSN-MUI) has legitimized waqf of insurance benefits through Fatwa DSN-MUI No. 106/DSN-MUI/X/2016 concerning Waqf of Insurance Benefits and Investment Benefits in Islamic Life Insurance. The legal framework of this fatwa is based on the binding nature of a promise in law, as stated in the fatwa’s provisions. According to the fatwa, the designated party receiving insurance benefits is required to make a legally binding promise (wa’d mulzim) to dedicate the insurance benefits as waqf. The legal standing of a binding promise is further supported by Fatwa DSN-MUI No. 85/XII/2012 on promises in Islamic financial and business transactions. DSN-MUI holds that a binding promise (wa’d mulzim) aligns with the third juristic opinion, which asserts that fulfilling a promise is obligatory when the promise is conditional or contingent upon a specific cause. This view is deemed more beneficial (maslahah) and meets the necessary requirements (hajah), particularly in the context of waqf of insurance and Islamic investment benefits. In issuing its fatwas, especially Fatwa DSN-MUI No. 85/XII/2012, the DSN-MUI employs two approaches to legal solutions (makhârij fiqhiyyah): the method of al-taysir al-manhaji (methodological facilitation) and i’âdah al-nadzhar (re-evaluation).
Legal Certainty Regarding The Right to Build on PT. KAI Land in the City of Medan Muhammad Ali Adnan; Matius Lewi Sinaga; Vincent Owen Tieson; Ernita Br Ginting; Atika Sunarto
Law Development Journal Vol 8, No 2 (2026): June 2026
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.8.2.719-731

Abstract

Land control by communities over state-owned assets, particularly land managed by PT Kereta Api Indonesia (KAI), raises legal issues concerning the certainty of land rights. This phenomenon occurs when communities occupy land over a long period without a valid legal basis, giving rise to conflicts between formal legality and social reality. The problem becomes more complex when the land is granted Building Use Rights to third parties. This study employs a normative juridical method with statutory, conceptual, and empirical approaches, and is analyzed qualitatively. The results indicate that Building Use Rights over PT KAI’s land assets remain legally valid if issued in accordance with applicable regulations; however, in practice, they are often ineffective due to physical occupation by communities. Therefore, resolving such conflicts requires an integrated approach through administrative structuring, legal measures, and non-litigation mechanisms such as mediation, relocation, and compensation in order to achieve equitable legal certainty.
Optimizing Digital Forensics for Effective Cybercrime Law Enforcement in Indonesia Lilik Prihatini; Lasmin Alfies Sihombing; Yeni Nuraeni
Law Development Journal Vol 8, No 2 (2026): June 2026
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.8.2.443-457

Abstract

This study aims to analyze the optimization of digital forensic technology in enhancing the effectiveness of cybercrime law enforcement. The research method used a descriptive-analytical qualitative approach, involving in-depth interviews with cybercrime investigators, digital forensic experts, and legal practitioners, as well as documentation studies and non-participatory observations in digital forensic laboratories. The data were analyzed using an interactive analysis model to ensure the validity and reliability of the findings through triangulation techniques. The novelty of this research lies in its focus on the practical integration of digital forensic technology within law enforcement processes, particularly in examining the relationship between technological capability, human resource competence, and regulatory readiness in supporting cybercrime investigations. The findings reveal that the effectiveness of law enforcement is strongly influenced by the quality of digital evidence handling, the availability of standardized forensic procedures, and cross-sector collaboration among institutions. Furthermore, this study identifies those technological disparities, limited institutional capacity, and the lack of continuous training programs significantly affect the consistency and accuracy of investigation outcomes. Based on the research, it is concluded that optimizing digital forensic technology requires strengthening institutional capacity, improving investigator competence, enhancing infrastructure, and developing more responsive and integrated legal frameworks to ensure effective, accountable, and sustainable cybercrime law enforcement.
Legal Certainty of Kidney Donor Rewards: A Comparative Perspective Between Indonesia and Iran Tony Richard Alexander Samosir; Efa Laela Fakhriah; Sherly Ayuna Putri
Law Development Journal Vol 8, No 2 (2026): June 2026
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.8.2.974-992

Abstract

This study examines the legal uncertainty surrounding the regulation of donor reward for kidney transplant donors in Indonesia, particularly concerning the distinction between the prohibition of organ commercialization and the provision of donor reward. Although Law Number 17 of 2023 concerning Health and Government Regulation Number 28 of 2024 have recognized donor rewards, both regulations fail to clearly regulate its form, value, and implementation mechanism, thereby creating normative ambiguity and the potential for illegal practices. This research employs a normative juridical method using statutory, conceptual, and comparative law approaches, with Iran serving as the comparative jurisdiction. The findings indicate that Indonesia continues to face a regulatory gap regarding operational arrangements, whereas Iran has implemented a structured donor support system under state supervision, despite ongoing ethical concerns. As a proposed solution, this study introduces the concept of measured reimbursement as a form of non-commercial donor reward through the reimbursement of direct and verifiable expenses, such as transportation costs and loss of income. This concept is expected to provide legal certainty, ensure protection for donors—particularly vulnerable groups—and prevent organ commercialization practices while remaining grounded in the principles of bioethics and social justice.
Legal Protection for Child Victims of Bullying Resulting in Death (Case Study at the South Bangka Police) Bagas Dyas Maula; Ira Alia Maerani
Law Development Journal Vol 8, No 2 (2026): June 2026
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.8.2.631-639

Abstract

This study aims to analyze the causal factors of child bullying resulting in death and to examine legal protection for victims under Indonesian positive law through a case study of case handling at the South Bangka Police Resort in order to formulate just policy recommendations. Legal protection is still suboptimal, requiring strengthened coordination and protection policies. This study uses the Legal Protection Theory to assess the fulfillment of victims' rights, John Rawls's Theory of Justice as the basis for substantive justice analysis, and the theory of maqāṣid al-syarī‘ah to examine the protection of children's lives and welfare. These three theories provide a comprehensive framework for evaluating the effectiveness of legal protection that is comprehensive, responsive, proportional, victim-oriented, and child-oriented.
Inhibiting Factors Faced by the Government in Realizing Legal Protection in Land Acquisition for Public Interest Maslon Hutabalian; Rayani Saragih
Law Development Journal Vol 8, No 2 (2026): June 2026
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.8.2.383-392

Abstract

Land acquisition for road construction in Indonesia is a crucial aspect in supporting the acceleration of infrastructure development and national economic growth. However, in practice, the land acquisition process often faces various complex problems, both from a legal, social, economic, and institutional perspective. This study aims to identify and analyze various problems that arise in land acquisition for road construction in Indonesia, as well as evaluate the effectiveness of applicable regulations. The method used is a normative juridical approach with an analysis of laws and regulations, specifically Law Number 2 of 2012 concerning Land Acquisition for Development in the Public Interest, as well as literature studies from various scientific sources. The results of the study indicate that the main inhibiting factors faced by the government in land acquisition include disagreements in determining compensation, agrarian conflicts between the government and the community, weak coordination between agencies, and a lack of transparency in the land acquisition process. In addition, social impacts such as population relocation and loss of livelihoods are also important issues that require attention. Therefore, efforts are needed to improve policy implementation, increase public participation, and strengthen aspects of justice and legal certainty to minimize conflict and accelerate road infrastructure development in Indonesia.
Protection of Civil Rights of Children of Mixed Marriages in Cross-Border Business Asset Inheritance Disputes: A Review from the Perspective of Lex Rei Sitae Indah Riyanti; Mardi Chandra
Law Development Journal Vol 8, No 2 (2026): June 2026
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.8.2.918-933

Abstract

Mixed marriages carry complex civil legal consequences, particularly regarding the protection of children's rights in the inheritance of cross-border business assets. This study aims to analyze the synchronization of limited dual citizenship regulations with sectoral laws in Indonesia and to evaluate the effectiveness of the Lex Rei Sitae principle in ensuring legal certainty and justice for children. Using a combined legal research method (normative-empirical), data was collected through a literature review of international and domestic legal instruments and in-depth interviews with legal practitioners to capture the challenges in the field. The results indicate a disharmony between the Citizenship Law and agrarian and investment laws, leading to the degradation of children's economic rights due to rigid restrictions on foreign asset ownership. The Lex Rei Sitae principle provides certainty of property status but tends to ignore children's absolute rights (legitieme portie) due to the weak mechanism for recognizing transnational inheritance documents. This study recommends the formulation of preventative legal protection through optimizing marriage agreements and local wills, as well as the need for bureaucratic policy reform that integrates the principle of the best interests of the child into cross-border business asset administration procedures.
Construction of Doctors' Criminal Liability in Handling Emergency Patients: Between Medical Negligence, Medical Risk, and First Aid Obligations Rivan Picaso; Dwi Imroatus Sholikah; Burham Pranawa; Citra Cahyarini
Law Development Journal Vol 8, No 2 (2026): June 2026
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.8.2.552-569

Abstract

Emergency medical services are a form of healthcare that requires speed, accuracy, and professionalism from healthcare workers, particularly doctors. In practice, not all medical care leads to recovery, and in certain situations, it can result in disability or death. These conditions raise legal issues regarding the boundaries between medical negligence, medical risk, and the obligation to provide first aid in emergency situations. This study aims to analyze the construction of doctors' criminal liability in treating emergency patients based on Law Number 17 of 2023 concerning Health, the Indonesian Criminal Code, and health law doctrine in Indonesia. This study uses a normative juridical method with a statutory, conceptual, and case-based approach. The findings indicate that criminal liability for doctors in emergency services can only be imposed when an element of error in the form of gross negligence is proven, there is a causal relationship between the doctor's actions and the patient's harm, and there is no justification or excuse. The medical risks inherent in medical procedures cannot automatically be criminalized. On the other hand, doctors and healthcare facilities have a legal obligation to provide first aid to emergency patients without discrimination. This study emphasizes the need for a balanced legal formulation between patient protection and protection of the medical profession to avoid defensive medical practices in health services.

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