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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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Reflection of Power Relations Inequality in The Domestic and Community Sphere Perspective Review of Criminal Law Protection Against Domestic Violence Aida Dewi; Anang Setiyana
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.8.2.671-696

Abstract

Violence against women in Indonesia continues to show an increasing trend despite various legal instruments that have been established, including the PKDRT law and the TPKS law. This phenomenon confirms the ineffectiveness of the legal system in providing comprehensive protection for women as a vulnerable group. The failure lies not only in the implementation aspect, but also rooted in the inequality of patriarchal-based power relations that affect the legal substance, institutional structure, and legal culture of society. In the context of criminal law, the purpose of punishment, whether retaliation, prevention, or rehabilitation, is not optimally achieved because the law still reflects social biases that place women in a subordinate position. This study uses normative legal research methods with legislation, conceptual, and comparative approaches. The Data were analyzed through an analysis of the concept of primary rules and secondary rules, and associated with the reality of patriarchy in law enforcement practice. This study also compared Indonesia's legal system with several countries to see the extent to which the reform of the substance, structure, and legal culture affect the effectiveness of Victim Protection. The results showed that the enforceability of criminal law in Indonesia is weakened due to the substance of the law that has not been gender responsive, biased law enforcement structure, and legal culture that still normalizes violence. Primary rules lose social power, while secondary rules do not function consistently in enforcement proceedings. Thus, legal reform is needed that focuses not only on regulatory changes, but also on the transformation of institutional perspectives and legal culture in order to realize a gender-fair sentencing system and effectively protect women.
Strategies and Challenges in Preventing Money Politics in the 2024 Legislative Elections Faiz Raudhin Zulfikar; Irsyaf Marsal
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.8.2.423-435

Abstract

This study aims to examine and analyze the strategies employed and the challenges faced by the election supervisory body in preventing money politics during the 2024 legislative elections. Utilizing an empirical legal research method, this study combines statutory, case, and conceptual approaches by conducting field observations, interviews, and document studies to analyze fundamental gaps between normative legal requirements and the practical implementation realities. The novelty of this study lies in its specific examination of how supervisory bodies have changed and adapted their responses to newly emerging forms of money politics, such as digital currency transfers, the distribution of discount vouchers, and disguised social assistance, accompanied by a quantitative assessment of resource disparities where a single district-level supervisory team may oversee an average of seventy polling stations. Based on this analysis, it is concluded that although the supervisory bodies have strong legal authority and have successfully integrated technologies such as the Siwaslu system for real-time monitoring and social media monitoring, their overall effectiveness is severely limited by structural constraints on human resources and the continuing evolution of money politics tactics. Furthermore, low public awareness regarding the legal implications of vote-buying continues to pose an obstacle to prevention efforts. Consequently, this study recommends strengthening the regulatory framework to impose stricter and more deterrent sanctions, increasing public participation through targeted youth engagement, and adopting risk-based monitoring strategies to maximize limited resources in historically vulnerable areas.
Biometric Data Processing Based on Artificial Intelligence and the Principle of Accountability: A Comparative Study of Indonesia and European Union Sinta Dewi; Audena Priscilla Sihombing; Tri Andika
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.8.2.943-955

Abstract

Digital advances in Artificial Intelligence (AI) have accelerated the use of biometric data to speed up identification with high accuracy. However, the processing of biometric data raises serious privacy challenges, particularly regarding security and data controllers' accountability. Using normative juridical research methods with descriptive-analytical approaches, laws and regulations, legal doctrines, scientific literature, and practical cases, including World App, Holy Moment, and Clearview AI, this study aims to analyze the application of accountability principles in AI-based biometric data processing through a comparative study between Indonesia and the European Union. The findings indicate that in Indonesia, Law Number 27/2022 on Personal Data Protection (PDP Law) provide a legal basis for biometric data protection; however, its implementation remains constrained by weak supervision, the absence of derivative regulations, and limited understanding of privacy among the public and business actors. In contrast, the European Union, through the General Data Protection Regulation (GDPR) and the EU-AI Act, enforces a robust accountability principle supported by strict oversight and substantial sanctions, resulting in more effective protection of biometric data. The recommendations of this study include strengthening AI regulations and supervisory mechanisms in Indonesia to ensure that AI-based biometric data processing is conducted lawfully, transparently, and responsibly, while simultaneously fostering public trust in digital technologies.
Reformulating Land Deed Officials Liability in Tax Document Forgery Cases Teguh Adhipradana
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.8.2.605-617

Abstract

This study aims to analyze the legal arrangements regarding the responsibilities of Land Deed Making Officials (PPAT) in the case of falsification of tax documents and formulate fair liability limits. This research uses normative juridical methods with laws and regulations, conceptual, and case approaches. The novelty of this research lies in the introduction of the concept of "reasonable verification standards" as a new legal framework in determining the limits of PPAT's liability. The results of the study show that PPAT cannot be held materially or criminally liable if it has carried out administrative verification according to procedures, but is still deceived by false documents submitted by buyers. The main responsibility lies with the buyer as a taxpayer who deliberately commits forgery. In addition, the absence of an integrated real-time validation system weakens the basis for imposing excessive liability on PPAT. Therefore, this study proposes a reformulation of responsibilities that limits the role of PPAT to administrative and procedural aspects, while material and criminal responsibilities remain imposed on the perpetrator. This reformulation is important to realize legal certainty, justice, and usefulness in the land administration and taxation system.
Violence Without Touch: Rethinking Debt Collection Practices Through Human Dignity Principles and Legal Ethic Frameworks Handriyanto Wijaya; Dewi Sulistianingsih; Irawaty Irawaty
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.8.2.348-363

Abstract

The rapid expansion of financial technology lending services in Indonesia has significantly transformed debt collection practices from conventional direct collection methods into indirect forms of coercion conducted through digital communication and social pressure. In practice, debt collection activities increasingly involve persistent intimidation, threatening communications, and the misuse of personal data, often affecting individuals within the debtor’s social sphere. Consequently, private financial obligations are exposed to broader public scrutiny, resulting in psychological distress, reputational damage, fear, and social exclusion. This research examines such practices as a form of non-physical coercion operating through psychological and social mechanisms. This study employs a normative legal research method through the examination of Indonesian statutory regulations, regulatory frameworks, and relevant legal doctrines concerning debt collection practices and personal data protection. The findings demonstrate that coercive non-physical debt collection practices have become increasingly prevalent within digital lending systems, particularly through the dissemination and exploitation of personal data as a means of exerting social pressure upon debtors. Furthermore, the involvement of third parties intensifies coercive circumstances and increases the potential violation of human dignity and privacy rights. Nevertheless, the existing legal framework remains fragmented, compliance-oriented, and inadequate to effectively address the substantive harms arising from such practices. Accordingly, this research proposes a dignity-based legal assessment framework emphasizing proportionality, personal data protection, accountability, and humane standards of debt collection in order to promote fair, lawful, and responsible financial technology practices.
Operationalizing Living Law to Ensure Fair Trial and Prevent Abuse of Power in Indonesia’s Criminal Justice System Hana Krisnamurti; Dewi Asri Yustia; Sri Mulyati Chalil
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.8.2.889-901

Abstract

This study analyzes the role of living law in realizing the principle of fair trial within the Indonesian criminal justice system following its formal recognition in the Indonesia’s 2023 Criminal Code. It aims to examine how living law can be operationalized as a legal instrument to bridge the gap between formal legality and substantive justice, while preventing abuse of power across criminal proceedings. Despite its normative acknowledgment, the implementation of living law remains inconsistent and often constrained by a positivistic legal approach, resulting in disparities and legal uncertainty in judicial practice. This research employs a normative juridical method using statutory and conceptual approaches, supported by an analytical-descriptive design based on secondary legal materials, including legislation, jurisprudence, and legal doctrines. The findings demonstrate that living law contributes significantly to the realization of fair trial principles by incorporating societal values, ensuring proportionality in sentencing, recognizing customary sanctions, and preventing double punishment (ne bis in idem). However, the absence of standardized criteria, formal validation mechanisms, and procedural guidelines creates risks of subjectivity and arbitrariness. The novelty of this study lies in positioning living law as an operational and structured legal mechanism within criminal justice, emphasizing the need for a comprehensive regulatory framework integrated with human rights safeguards to ensure legal certainty, consistency, and substantive justice.
Building A Restorative Property Justice Paradigm for Marital Assets in Indonesian International Marriages Raden Maestro Broto Ariyo; FX Joko Priyono; Yunanto Yunanto; Herni Widanarti
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.8.2.510-537

Abstract

Indonesia’s mixed marriages expose a structural friction between the Marriage Law’s default of community property and the agrarian lex situs that bars foreign nationals from holding Hak Milik. This article proposes Restorative Property Justice (RPJ), a compliance first paradigm that aligns restorative values with land administration realities. Using a desk-based design (normative doctrinal analysis; PRISMA guided mapping of Indonesian decisions, 2015–2025; regulatory design review; and functional comparison to EU Reg. 2016/1103), researcher show that sustainable settlements pivot on registrability: mediation under PERMA 1/2016 must mature into a consent judgment, translate into the correct notarial/PPAT deed, and clear BPN’s documentary gates (PP 18/2021). Findings include a typology of disputes (A–C), evidence that value splitting and lawful conversion outperform title splitting, and a Court Notary/PPAT BPN decision flow that reduces execution risk. Researcher offer a clause toolkit (ring fencing, compensation+escrow, situs safe choice of law, third party protection, compliance covenants) and policy proposals to standardize mediation minutes/templates and align PPAT/BPN SOPs. RPJ reframes equity and legality as design variables, yielding settlements that are fair, portable, and executable.
Reconstruction of Sentencing for Public Officials Committing Corruption Crimes Based on Restorative Governance in the Perspective of Ta‘zīr Noor Azizah; Zulham Zulham
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.8.2.1042-1056

Abstract

Public officials who commit corruption crimes constitute a systemic form of crime that has broad impacts on economic stability, public trust, and the effectiveness of governmental governance. Although the provisions under Law Number 31 of 1999 in conjunction with Law Number 20 of 2001 have established strict sanctions, the predominantly retributive sentencing approach is considered insufficient to realize substantive justice, particularly in terms of state financial recovery and institutional reform. This study aims to reconstruct a sentencing model for public officials involved in corruption crimes based on Restorative Governance within the perspective of Ta‘zīr. The research employs a normative juridical method with statutory and conceptual approaches, alongside qualitative analysis of primary and secondary legal materials. The findings reveal that the Restorative Governance approach emphasizes the recovery of state losses, the strengthening of accountability, and governance system reforms, which are conceptually aligned with the principles of Ta‘zīr in Islamic criminal law that are flexible and oriented toward public benefit (maslahah). The novelty of this research lies in the integration of the concepts of Restorative Governance and Ta‘zīr in formulating a more adaptive and justice-oriented sentencing model for corruption crimes. This study recommends reforms in criminal law policy through strengthening restorative approaches within the sentencing system in order to enhance the effectiveness of combating corruption crimes.
Legal Reconstruction of the Fragmentation of the Professional Advocate Organization and its Implications for Law Enforcement Jutek Bongso; Hernawati RAS; Eni Dasuki Suhardini
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.8.2.806-821

Abstract

The legal profession constitutes one of the key components of law enforcement with a strategic role in upholding the rule of law, protecting human rights, and ensuring access to justice. The position of advocates as a free and independent profession presupposes the existence of a professional organization capable of structuring authority, maintaining professional competency standards, and enforcing ethical rules consistently. However, in practice, the regulation of advocate organizations in Indonesia under Law No. 18 of 2003 on Advocates has resulted in prolonged organizational fragmentation. Such fragmentation has generated uncertainty in the governance of the legal profession and has adversely affected the quality of law enforcement and legal certainty within the judicial system. This research aims to analyze the urgency of reconstructing the regulation of advocate organizations, to identify the factors underlying organizational fragmentation along with its implications, and to formulate an ideal model for reconstructing the advocate organizational system in Indonesia. The findings indicate that organizational fragmentation among advocates is a consequence of a regulatory design that fails to provide clear mechanisms for managing authority, organizational legitimacy, and conflict resolution. Internal factors, including leadership legitimacy crises and inconsistencies in the exercise of professional authority, intersect with external factors such as normative weaknesses, judicial interpretation, and evolving administrative practices. These conditions result in divergent professional standards, weakened systemic cohesion, and diminished legal certainty for the advocate profession. Based on these findings, this research proposes a reconstruction model through a hybrid single bar system, which centralizes fundamental professional authority within a single national structure while recognizing organizational plurality within clearly defined limits. This model is intended to safeguard professional independence, ensure consistency of professional standards, and strengthen the role of advocates as law enforcement actors. Accordingly, the study recommends either a revision of Law No. 18 of 2003 on Advocates or the enactment of implementing regulations as the normative foundation for the proposed reconstruction.
From Open Legal Policy to Judicial Reversal: Constitutional Compliance and the Abolition of the Presidential Threshold in Indonesia Ridwan Syaidi Tarigan; Husni Thamrin
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.8.2.1057-1072

Abstract

The presidential threshold regulation in Indonesia, as stipulated in Article 222 of Law Number 7 of 2017 on General Elections, has generated sustained constitutional controversy regarding its compatibility with fundamental democratic principles. This study critically examines the constitutional validity of the presidential threshold requirement, which mandates that political parties or coalitions secure a minimum of twenty percent of seats in the House of Representatives or twenty-five percent of the national vote to nominate presidential and vice-presidential candidates. Employing a normative juridical methodology that integrates statutory, conceptual, and case-based analytical approaches, this study investigates whether the threshold aligns with the constitutional guarantees of popular sovereignty, political equality, and protection of political rights enshrined in the 1945 Constitution of the Republic of Indonesia. The findings reveal that while the Constitutional Court has historically upheld the threshold on the basis of legislative discretion and governmental stability concerns, the provision generates structural tensions with democratic inclusivity and political pluralism. The landmark Decision Number 62/PUU-XXII/2024, in which the Court ultimately abolished the threshold, marks a significant judicial reorientation toward representativeness over governability. This study concludes that meaningful electoral reform must reconcile the imperatives of political stability with broader constitutional commitments to equal political participation, and recommends the introduction of alternative candidacy frameworks that are constitutionally grounded and democratically inclusive.

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