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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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Analysis of Corporate Criminal Liability in Consumer Protection Crimes in Indonesia after the Enactment of Law of the Republic of Indonesia Number 1 of 2023 concerning the Criminal Code Andreas Daniel Libri Anugrah Situmeang; 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.8.2.750-772

Abstract

The practice of abusing the corporate veil as a shield for organized economic crime has caused massive losses to consumers and created serious loopholes for impunity for the intellectual actors involved. Therefore, this study aims to analyze the urgency of expanding the Piercing the Corporate Veil doctrine from the civil realm into criminal law as a progressive law enforcement instrument. In addition, this study also aims to formulate a model of criminal liability that is capable of ensnaring the actual beneficial owners in order to optimize restorative justice and restitution for the victims. To answer these questions, this study uses a normative juridical research method using a legislative and conceptual approach that is analyzed qualitatively and normatively based on a literature review. The extension of the Piercing the Corporate Veil (PCV) doctrine into the realm of criminal law through Law Number 1 of 2023 marks a fundamental transformation in prosecuting intellectual actors and beneficial owners behind corporate crimes. This extension effectively dismantles the limited liability immunity that is often abused, thereby providing a strong legal basis for the application of restorative justice through the optimization of asset restitution for victims of consumer protection crimes. Ultimately, the success of implementing this new paradigm depends heavily on cross-institutional synergy among law enforcement agencies in tracking assets and promoting a culture of corporate compliance in order to create an accountable business ecosystem.
Coordination of Fishery PPNS under Article 73(3) with POM AL Investigators under the New Criminal Procedure Code (Article 7) Abdul Hayy Nasution; Abdul Halim; Ali Sati Rangkuti
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.8.2.473-494

Abstract

Civil Servant Investigators (Penyidik Pegawai Negeri Sipil / PPNS) under Article 7 paragraph (5) of Law Number 20 of 2025 concerning the Criminal Procedure Code stipulates that coordination and supervision as referred to in paragraphs (3) and (4) shall not apply to investigators within the Office of the Attorney General of the Republic of Indonesia, the Corruption Eradication Commission, and the Indonesian Navy (Tentara Nasional Indonesia Angkatan Laut / TNI AL) in accordance with statutory provisions. This study analyzes the legal rationale for the exclusion of investigators from the Attorney General’s Office, the Corruption Eradication Commission, and the Indonesian Navy from the coordination and supervisory authority of the primary investigative body, namely the Indonesian National Police (Polri), as regulated under Article 7 paragraphs (3) and (4) of Law Number 20 of 2025 concerning the Criminal Procedure Code. Furthermore, this study examines the role of Fisheries PPNS and Naval Military Police investigators in conducting investigations into criminal offenses occurring within the Indonesian Exclusive Economic Zone (Zona Ekonomi Eksklusif Indonesia / ZEEI). This research employs a normative legal research method. The objective of this study is to examine the legal justification for the exemption of investigators from the Attorney General’s Office, the Corruption Eradication Commission, and the Indonesian Navy from Polri coordination and supervision as stipulated in Article 7 paragraphs (3) and (4) of Law Number 20 of 2025, as well as to analyze the role of Fisheries PPNS and Naval Military Police investigators in investigating criminal offenses within the ZEEI.
Prospects And Challenges of Sharia Insurance (Takaful) for The Economy Selvi Harvia Santri; Rosyidi Hamzah
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.8.2.655-671

Abstract

This article examines the prospects and challenges of Islamic insurance for the Indonesian economy. The concept of Islamic insurance stems from differing views on conventional insurance, which lacks religious consultation. The growing demand for Islamic insurance (takaful) is supported by the majority of the Muslim population. However, Islamic insurance faces numerous challenges in its implementation. Islamic insurance is also believed to have excellent prospects for supporting the Indonesian economy. This paper aims to determine the prospects and challenges facing Islamic insurance in supporting the Indonesian economy. This research uses conceptual and legislative approaches. The paper concludes that the challenge facing Islamic insurance for the Indonesian economy is public non-compliance with Islamic insurance regulations and principles, which gives rise to legal issues within the community. The relatively new nature of Islamic insurance has led to a lack of reliable resources compared to conventional insurance institutions, which are far more experienced and possess reliable human resources. The potential of Islamic insurance for economic progress in Indonesia lies in its role as a non-financial institution for the community, functioning as a risk transfer agent. Most of the premium funds are invested through Sharia-compliant banks, which are useful in supporting the provision of capital for entrepreneurs, thereby helping people improve their standard of living and contributing to Indonesia's economic progress.
Integration of Sunda Wiwitan Traditional Institutions in Environmental Legal System Erga Yuhandra; Suwari Akhmaddhian; Iman Jalaludin Rifa'i; Haris Budiman
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.8.2.406-422

Abstract

This study aims to analyze the role of customary institutions within the environmental legal system and to identify the gap between customary law values and local policies in achieving sustainable environmental governance. The research employs an empirical juridical method with a socio-legal approach, combining statutory and sociological approaches. Data were collected through in-depth interviews, field observations, and document analysis, and were qualitatively analyzed using an interactive model to examine the relationship between legal norms and social practices. The novelty of this study lies in emphasizing customary institutions as a form of living law that functions not only culturally but also possesses regulatory capacity in managing the environment based on local wisdom. The findings reveal that customary institutions play a significant role in maintaining environmental sustainability through social mechanisms and local values; however, they have not been optimally integrated into the formal legal system, resulting in normative and implementation gaps. Based on these findings, this study concludes that strengthening and integrating customary institutions into local environmental policies is a strategic step toward achieving inclusive, sustainable, and equitable environmental governance.
Implementation of Criminal Responsibility for Perpetrators of Criminal Acts of Insulting the Sundanese Ethnic Group Through Internet Media Sujasmin Sujasmin; Emaliawati Emaliawati
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.%p

Abstract

The crime of insulting the Sundanese ethnic group is one of the most dangerous crimes of insulting Indonesian citizens, as the Sundanese ethnic group is a West Javanese tradition that reflects a democratic state. In the era of technological and information development (internet media), news spreads rapidly, and its spread can also lead to hostility and hatred between ethnic groups, religions, races, and groups (SARA). One example is Resbob's statement, which is suspected of being a criminal act of insulting the Sundanese ethnic group, and its news has spread, ultimately causing public unrest. This study aims to determine: 1. How to interpret the law regarding the crime of insulting the Sundanese ethnic group related to Resbob's statement and 2. How to apply criminal liability to the perpetrator for the crime of insulting the Sundanese ethnic group related to Resbob'sstatement. The results of this study, in the form of a legal interpretation of insulting the Sundanese ethnic group related to Resbob's statement, can use a historical interpretation of the law and a teleological/sociological interpretation. Insults against the Sundanese ethnic group are regulated under Article 28 paragraph (2), Article 45A paragraph (2) of the ITE Law, Articles 242-243 of the Criminal Code in conjunction with Law No. 1 of 2026, as a criminal act of insulting a population group. The application of criminal liability for the perpetrator in this case is reviewed based on a. the doctrine of cause and effect/individualization theory, b. the qualifications for offenses known as insulting a population group, c. the legal basis for the occurrence of other crimes in the ITE Law and the Criminal Code, and d. criminal liability based on the formulation of the crime in statements aimed at hostility towards individuals or groups based on ethnicity, religion, race, and intergroup relations (SARA).
Doctrine of Force Majeure in Civil Law Due to Customs Regulatory Intervention in Indonesian Bonded Zones Erwin Erwin
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.8.2.591-604

Abstract

This article aims to reconstruct the force majeure doctrine in Indonesian civil law to accommodate state regulatory intervention in customs within bonded zones. The classical force majeure doctrine under Articles 1244–1245 of the Indonesian Civil Code traditionally focuses on natural disasters and unforeseeable events, leaving regulatory interventions unaddressed. The urgency lies in increasing state regulatory changes in customs policies mandatory e-seals, transportation restrictions, expanded quarantine inspection, surveyor report obligations, and proposed reduction of domestic sales caps that disrupt contractual performance in export-oriented industries within bonded zones. The novelty is the "regulatory force majeure" concept, recognizing legitimate state regulatory interventions as a standalone ground for force majeure, integrating public and private law perspectives. The research method is normative legal research using statute, conceptual, and case approaches, with primary legal materials including the Indonesian Civil Code and Customs Law, and secondary materials consisting of accredited national journals (SINTA) and international literature. The results demonstrate that the classical force majeure doctrine fails to accommodate regulatory interventions due to the absence of explicit recognition, lack of objective parameters (externality, unforeseeability, irresistibility, causation), and absence of integration between administrative and contract law. This article concludes that the regulatory force majeure concept offers a doctrinal reconstruction providing legal certainty in resolving contractual disputes arising from state regulatory interventions in bonded zones.
Pre-trial Review of Preliminary Evidence Examination in Tax-Related Criminal Offenses Following the Enactment of the New Criminal Procedure Code Adalin Ali; Appe Hutauruk; Hotman Sinambela; Mutia Sakti
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.8.2.873-888

Abstract

Preliminary evidence examination (pemeriksaan bukti permulaan or bukper) in Indonesian taxation is conducted before a case is elevated to investigation and aims to obtain preliminary evidence of an alleged tax crime. In practice, several actions taken by examiners particularly the borrowing of documents and the acquisition of electronic data, resemble coercive measures under criminal procedural law. This study analyses the legality of bukper procedures, the legal status of evidence borrowing, and the implications for pretrial review following the enactment of Law Number 20 of 2025 on the Criminal Procedure Code (KUHAP), effective since 2 January 2026. It employs normative legal research using statutory, case, and conceptual approaches, examining nine pretrial rulings and two Constitutional Court decisions. The findings show that bukper is normatively equivalent to inquiry and should contain no coercive measures; that evidence borrowing not genuinely based on the taxpayer's voluntary consent qualifies as a seizure-like action requiring district court authorization; and that the lex specialist argument cannot justify derogation from KUHAP where the legal basis is merely a ministerial regulation. Constitutional Court Decision Number 83/PUU-XXI/2023 declared both paragraph (1) and paragraph (4) of Article 43A of the General Tax Provisions Law (UU KUP) conditionally unconstitutional, so that even the delegation of bukper procedures to a ministerial regulation may not concern coercive measures. The new KUHAP reinforces this position. The study recommends regulating bukper at the statutory level with judicial control mechanisms.
Social Engineering Through Street Vendor Licensing in Urban Informal Economy Governance Rayani Saragih; Jefri Jefri; Maslon Hutabalian
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.8.2.495-509

Abstract

This study aims to analyze street vendor licensing as an instrument of social engineering in urban informal economy governance and to assess its effectiveness in supporting urban spatial order while protecting the right to a decent livelihood for informal economic actors. The research employed a normative legal research method using statutory, conceptual, and analytical approaches. Secondary data were collected from legal regulations, policy documents, court decisions, and recent scientific literature related to informal economy governance and urban spatial planning. The novelty of this research lies in its examination of street vendor licensing not merely as an administrative regulatory mechanism, but as a social engineering instrument capable of transforming the relationship between the state, urban space governance, and informal economic actors. Unlike previous studies that primarily focus on enforcement and public order dimensions, this study emphasizes the empowerment-oriented function of licensing within the framework of constitutional economic rights and inclusive urban governance. The results indicate that the Indonesian legal framework has normatively provided constitutional and juridical recognition for the protection and empowerment of street vendors. However, in practice, licensing policies are still predominantly implemented as instruments of administrative control and spatial discipline rather than mechanisms for economic integration and social protection. The study further finds that street vendor licensing can function effectively as an instrument of social engineering when implemented through participatory, transparent, inclusive, and empowerment-based approaches. Based on the research, it is concluded that a paradigm shift from control-oriented governance toward empowerment-oriented governance is essential to ensure that street vendor licensing contributes to orderly urban spatial planning and the fulfillment of the right to a decent livelihood.
Legal Certainty Regarding Mandatory Legal Entity Adjustment for Regional Enterprises Amelia Sri Kusuma Dewi; Fairial 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.8.2.1023-1041

Abstract

This study aims to analyze the realization of legal certainty in the regulation concerning the obligation to adjust the legal entity form of Regionally Owned Enterprises (Badan Usaha Milik Daerah/BUMD), particularly those owned by the Provincial Government of East Java, as mandated under Article 402 paragraph (2) of Law Number 23 of 2014 concerning Regional Government. The research problem focuses on the fact that a number of BUMDs have not yet adjusted their legal entity forms despite the expiration of the statutory transitional period, thereby raising issues concerning legal standing, adjustment mechanisms, and the legal status of such enterprises. The research employs a normative juridical (dogmatic) method using both statutory and conceptual approaches. The study was conducted through library research on primary, secondary, and tertiary legal materials, which were analyzed descriptively and qualitatively using the theories of legal certainty advanced by Gustav Radbruch, Hans Kelsen, and Utrecht. The novelty of this research lies in its comprehensive analysis of the disharmony and normative vacuum within the regulation of the obligation to adjust the legal entity forms of BUMDs at the levels of legislation, government regulations, and regional regulations of East Java Province, particularly regarding adjustment mechanisms, legal sanctions, and the juridical status of BUMDs that have failed to comply with the adjustment requirement. The study concludes that the regulatory framework concerning the obligation to adjust the legal entity forms of BUMDs under the Regional Government Law, Government Regulation Number 54 of 2017, and the Regional Regulations of East Java Province on BUMDs and their amendments has not fully realized legal certainty due to the persistence of legal vacuums, normative conflicts, and unclear juridical consequences for BUMDs that have not undertaken the required legal entity adjustment in accordance with statutory mandates.
Implementation of Regional Autonomy seen from the perspective of Indonesian National Law Sivani Ardi Apritania; Ong Argo Victoria; Ratih Mega Puspa Sari
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.8.2.773-786

Abstract

The implementation of regional autonomy in Indonesia is one form of implementation of the principle of decentralization that aims to increase the effectiveness of government administration, accelerate regional development, and realize public services that are more responsive to community needs. This study aims to analyze the implementation of regional autonomy from the perspective of Indonesian national law by focusing on the concept and legal basis of regional autonomy, its implementation in the national legal system, as well as the challenges and efforts to strengthen it. The research method used is normative legal research with a statutory and conceptual approach. The data used are primary, secondary, and tertiary legal materials analyzed qualitatively through literature studies. The results of the study indicate that regional autonomy has a strong constitutional basis in the 1945 Constitution of the Republic of Indonesia, specifically Article 18 and its regulations in laws and regulations governing regional government. From a national legal perspective, the granting of authority to regional governments is a form of decentralization that remains within the framework of the Unitary State of the Republic of Indonesia so that its implementation must be in line with the principles of legality, accountability, legal certainty, and national interests. The implementation of regional autonomy has provided space for local governments to develop policy innovations and improve the quality of public services, but still faces various obstacles such as institutional capacity imbalances, overlapping regulations, limited human resources, and suboptimal coordination between the central and regional governments. This study also found that strengthening the implementation of regional autonomy requires regulatory harmonization, increased capacity of government officials, effective oversight, transparent regional financial governance, and strengthened community participation in the policy-making process. Thus, the implementation of regional autonomy is not only an instrument of administrative decentralization, but also a legal mechanism that plays a vital role in realizing a democratic, efficient, and welfare-oriented government without neglecting the principle of unity and integrity in the Indonesian national legal system. 

Page 47 of 50 | Total Record : 496

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