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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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Quo Vadis: Payment of Compensation as an Alternative to Sanctions for Corruption Crimes Harming State Finances Bambang Tri Bawono; Moh. Nurul Huda
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.8.2.842-853

Abstract

Efforts to eradicate corruption through enforcement actions require high costs and overcapacity of prisons are one of the fundamental problems in handling corruption crimes in Indonesia. Based on this, new issues have emerged so that law enforcement efforts against the eradication of corruption are oriented towards the implementation of compensation to break the chain of state financial losses caused by corruption crimes. The purpose of the study is to analyze the construction of eradication of corruption crimes and the payment of compensation as an alternative to sanctions for corruption crimes. The type of research used is normative legal research, using analytical descriptive specifications and requiring primary data and secondary data. The results of the study show that compensation for corruption crimes is included in the additional type of crime, so this type of crime can only be included alternatively and cannot be when it is not accompanied by the main crime. Moreover, in the provisions of Article 4 of Law No. 20 of 2001 concerning Amendments to Law No. 31 of 1999 concerning the Eradication of Corruption Crimes, there is an article provision that expressly states that the return of state financial losses does not abolish the conviction of the perpetrators of corruption crimes and is only a mitigating factor, so the payment of compensation cannot be used as an alternative to sanctions for corruption crimes that harm state finances However, it must be accompanied by a principal crime.
The Ideal and Reality of Election Law Enforcement in Indonesia Uu Nurul Huda; M Yahya Wahyudin
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.8.2.732-749

Abstract

Elections are a cornerstone of democracy as well as a mechanism for the distribution of power and political accountability in Indonesia. The enforcement of laws against election violations determines the extent to which the principles of direct, universal, free, secret, honest, and fair elections are truly realized in practice. This article aims to analyze the gap between the ideal norms of election law enforcement and the empirical reality of their implementation following the reform era. The research employs a normative-empirical legal methodology through the study of legislation, institutional design, court rulings, official election oversight data, and an examination of several representative cases of violations. The findings indicate that Indonesia has established a relatively comprehensive regulatory and institutional framework through the KPU, Bawaslu, DKPP, and Sentra Gakkumdu to govern the regime of administrative, ethical, and criminal sanctions. However, the effectiveness of law enforcement, particularly regarding criminal election violations, remains weak and tends to be symbolic. Three main factors hindering this are the lack of clarity regarding norms and standards of proof, fragmented inter-institutional coordination, and a permissive political culture that tolerates repeated violations. This article concludes that there is a need to refine regulations, strengthen institutional capacity and enforcement coordination, and prioritize political education and voter legal literacy to reinforce electoral integrity and electoral justice in Indonesia. Normative recommendations include simplifying the formulation of electoral criminal offenses, increasing investigative resources, and expanding access to electoral justice mechanisms for citizens. These findings are expected to contribute to academic debate and the future agenda for electoral regulatory reform.
Reconstructing Global Health Law Post-Pandemic: Juridical Analysis of IPR and Equitable Access under WHO Pandemic Treaty Salma Farha Nabila; Lasmin Alfies Sihombing; Yeni Nuraeni; Yenny Febrianty
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.8.2.458-472

Abstract

This study examines the juridical architecture of global health law in the post-pandemic context, focusing on the tension between intellectual property rights (IPR) protection and equitable access to medical resources. The COVID-19 pandemic exposed structural weaknesses and inequalities in global health governance, particularly in the distribution of vaccines and essential medical technologies. This research aims to analyze how the evolving WHO Pandemic Treaty framework can serve as an integrative legal instrument to reconcile these competing interests. The study employs a normative juridical method using statutory, conceptual, and case-based approaches, supported by qualitative legal analysis and the IRAC method to structure legal reasoning. The findings reveal that the current global health law architecture remains dominated by the IPR regime, which prioritizes innovation protection but inadequately ensures equitable access, especially for developing countries. Furthermore, mechanisms such as TRIPS flexibilities have not been effectively operationalized due to political, structural, and institutional constraints. The study also finds that global responses during the pandemic were shaped by power asymmetries and economic capacity rather than public health needs, leading to systemic inequities. As a novel contribution, this research highlights the potential of the WHO Pandemic Treaty as a transformative legal framework capable of integrating distributive justice principles, strengthening IPR flexibilities, and establishing binding obligations for equitable access. However, its effectiveness depends on robust normative design, enforceability mechanisms, and sustained political commitment from member states.
Legal Analysis of Criminalization of Narcotics Abuse Perpetrators for Their Own Sake Due to Justice-Based Stress Andri Winjaya Laksana; Ong Argo Victoria
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.8.2.993-1007

Abstract

Self-abuse of narcotics triggered by psychological conditions such as stress often results in criminal sanctions in prison, rather than rehabilitation. This study aims to analyze the legal punishment policy for perpetrators of self-abuse of narcotics due to stress and formulate a concept of justice-based punishment (restorative and corrective). The research method used is normative juridical with a statutory approach and a conceptual approach. The results of the study indicate that the implementation of Article 127 Paragraph (1) of Law No. 35 of 2009 concerning Narcotics still tends to be punitive (retributive justice), where judges often impose prison sentences rather than rehabilitation. In fact, perpetrators who consume narcotics due to stress are victims of psychological disorders and dependency. Justice-based punishment demands a paradigm shift from retributive justice to restorative justice and therapeutic justice, where medical and social rehabilitation must be positioned as the main legal form to restore perpetrators and restore their social function.
The Effectiveness of International Mediation as an Instrument for Human Rights Protection in Resolving Cross-Border Disputes Related to Refugee Flows Dedy Ardian Prasetyo; Basuki Basuki
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.8.2.640-654

Abstract

The flow of refugees across borders often triggers complex disputes that intersect with state sovereignty and humanitarian responsibility. This study aims to analyze the effectiveness of international mediation as an instrument for protecting human rights (HAM) in resolving these disputes. Using empirical legal research methods, this study evaluates the role of international mediators in bridging the interests of donor countries, transit countries, and destination countries while still prioritizing the principle of non-refoulement. The results of the study indicate that international mediation has a strategic legal position as a non-judicial dispute resolution mechanism as stipulated in the United Nations Charter, and has proven effective in breaking the deadlock in communication between countries regarding refugee flows through a flexible, confidential, and voluntary approach. Mediation can serve as a diplomatic bridge that encourages technical collaboration, while integrating human rights standards, including the principle of non-refoulement as a boundary of state sovereignty, through a strategy of humanitarian incentives and a narrative of shared responsibility. In the Indonesian context, the effectiveness of mediation is strengthened by the support of national regulations and synergy between the government, the community, and international institutions such as the United Nations High Commissioner for Refugees, although it still faces obstacles such as the unequal bargaining position of refugees, weak implementation of agreements, and legal uncertainty. Therefore, mediation needs to be strengthened by increasing the capacity of mediators and mechanisms for legalizing the results of agreements in order to provide stronger legal certainty for the protection of refugees.
Indegenous People’s Participation in the Election of the Mayor and Deputy Mayor of Ternate City Nam Rumkel; Fatma Faisal; Andika Adhyaksa
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.8.2.393-405

Abstract

This study aims to determine the participation of indigenous peoples in the election of the Mayor and Deputy Mayor of Ternate City. There is an interesting phenomenon to examine regarding the participation of indigenous peoples in regional head elections and the causes of political involvement in the implementation of regional head elections. The method used in this study is empirical research, which is a legal research method that serves to observe the law in its real sense, analyze and examine the workings of the law within the community. The empirical research method also includes research on legal identification and research on legal effectiveness. To support the substance of this research, it focuses on the use of primary data obtained directly from respondents and secondary data from books, journals, laws and regulations, and all documents relevant to the research. The data was obtained using data collection techniques such as interviews and documentation, which were then analyzed using qualitative descriptive analysis methods. The results of this study show that the implementation of direct regional head elections is an important momentum for the development of a more democratic local political system. Through direct regional elections, many hopes are pinned on improving the welfare of the people in the regions, as regional heads become closer to the people because they obtain political legitimacy directly from the people. Direct regional elections are considered by many parties to be an important step forward that can be achieved by the Indonesian nation in the current era of transition. “Direct” refers to, among other things: First, constitutional recognition of the people's right as holders of sovereignty; second, the institutionalization of the people's substantial role as subjects of law; and third, the hoped-for creation of macro and micro political balance in state affairs, particularly between the executive and legislative branches. Voter participation in regional elections does not happen by itself. In addition to the role of election organizers in conducting socialization, it is also due to support from other parties, namely the role of indigenous peoples. The participation of indigenous peoples in encouraging the community to participate in regional elections is very strategic in ensuring the success of the elections.
Imposition of Criminal Sanctions on Parents as Perpetrators of Violence Against Children Dian Ety Mayasari; Marthsian Yeksi Anakotta
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.8.2.934-942

Abstract

Violence against children remains a serious problem in Indonesia. Based on the report from the Ministry of Women Empowerment and Child Protection in 2022, there are still 21,241 children who have fallen victim to violence. This study aims to analyze the application of criminal sanctions against parents who commit violence against their children. Using a normative juridicial approach with legislative and conceptual methods, this paper examines the provisions of criminal sanctions in the Child Protection Law and their implementation in court decisions. The findings reveal that although the Child Protection Law has regulated criminal sanctions, judges tend to impose varied punishments, predominantly leaning toward minimum penalties. Analysis of three court decisions shows that the imposed sanctions have complied with the legal provisions; however, none of them applied the maximum criminal sanctions available. This lenient sentencing practice indicates a weakness in the current legal framework. This study recommends that government immediately revise the Child Protection Law by establishing more stringent and specific provisions, particularly by limiting judicial discretion in imposing minimum penalties and emphasizing the application of maximum criminal sanctions for parents who commit violence against children. Stronger and more deterrent regulations are expected to reduce cases of child violence and create a safer environment for children’s growth and development in Indonesia.
Civil Liability of Doctors for the Use of Dermal Fillers Without a Marketing Authorization in Medical Aesthetic Services Cahyarini, Citra; Sutarni, Nanik; Imroatus Sholikah, Dwi; Picaso, Rivan
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.8.2.570-590

Abstract

The use of dermal fillers in medical aesthetic services is growing rapidly because this procedure is considered to provide fast results, is minimally invasive, and is increasingly popular with the public. Dermal fillers are essentially non-surgical procedures to improve facial contours, reduce wrinkles, or increase soft tissue volume. However, this procedure still carries medical and legal risks and must be performed with safe, legal products that meet the doctor's competence. Legal issues arise when doctors use dermal fillers without a marketing authorization, because this action has the potential to violate medical device safety regulations, cause patient harm, and open up opportunities for civil liability. This study aims to analyze the civil liability of doctors in the use of dermal fillers without a marketing authorization using the Civil Code, consumer protection, and health law approaches. The results of the study indicate that doctors can be held liable based on unlawful acts, breach of contract, and breach of professional obligations and the obligation to ensure the legality of the products used. From a consumer protection perspective, patients are considered consumers of health services who have the right to security, correct information, and compensation for any losses incurred. The use of dermal fillers without a marketing authorization is not only an administrative violation but can also result in serious civil liability for doctors. 
Optimizing Asset Recovery in Recovering State Losses from Money Laundering Crimes through the Deferred Prosecution Agreement (DPA) Nurul Annisa; Awaluddin Awaluddin; Syachdin Syachdin
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.8.2.854-872

Abstract

This study analyzes the optimization of asset recovery and the restitution of state losses in money laundering crimes by strengthening the authority of public prosecutors and implementing the Deferred Prosecution Agreement (DPA) procedure within the framework of national criminal law reform. The main problem lies in the low asset recovery ratio compared to the magnitude of state losses due to corruption and money laundering, indicating that law enforcement is still oriented towards punishing perpetrators, rather than asset recovery. The enactment of Law No. 1 of 2023 concerning the Criminal Code and Law No. 20 of 2025 concerning Criminal Procedure Law opens up space for strengthening prosecutorial discretion based on restorative justice. This study uses normative legal methods with a statutory and conceptual approach, and is supported by primary data through interviews with law enforcement officials. The results show that the dominus litis principle provides strategic bargaining power to public prosecutors to direct case resolution towards the recovery of state losses. The DPA procedure can be an effective instrument in accelerating asset recovery, especially in cases involving corporations and cross-jurisdictional transactions, including digital assets and cryptocurrencies. However, the implementation of the DPA must be accompanied by judicial oversight, clear operational standards, and proportionality testing to maintain a balance between effective law enforcement and human rights protection. Therefore, optimizing the authority of public prosecutors through the DPA has the potential to significantly increase the effectiveness of asset recovery in Indonesia's modern economic criminal justice system.
Feminist Legal Theory on the Criminalization of Abortion for Rape Victims Irda Nur Khumaeroh; M. Rizal Bagaskoro
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.8.2.1008-1022

Abstract

In Indonesia, abortion is a complicated issue, caught between criminal charges, intense social stigma, and a health information system that's frustratingly murky and hard to navigate. Legally, the government only allows it in very specific cases: dire medical emergencies or pregnancies stemming from rape. This paper leans on Feminist Legal Theory to unpack all this—a framework that calls out how traditional law feels stamped with "masculine" traits, all cool-headed rationality, objectivity, abstract logic that often brushes aside what women actually go through. This study focuses on how the rules handle abortion for rape survivors and why it still gets hit with criminal labels, viewed squarely through that feminist legal lens. Using a normative juridical approach, literature and secondary data are analysed through both statutory and historical angles. The findings show that abortion for women rape victims in Indonesia is legally considered as acts punishable with criminal penalties. In the previous version of KUHP, abortion was regulated in Articles 299, 346, 347, 348, and 349. Amendment of these provisions then regulate legal abortion procedures through Law Number 1 of 2023 concerning the Criminal Code, Law Number 17 of 2023 concerning Health, and Government Regulation Number 61 of 2014. When abortion criminalization is analysed using feminist legal theory, particularly the radical feminism stream, the law still has not made women have equal legal protection. Criminalization of abortion against women can be analysed through the perspective of radical feminist theory encompassing: control over women's bodies, punishment of women's independence, stigma and misinformation, socio-economic inequality, dehumanization of women.

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