cover
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
ISSN : -     EISSN : 27472604     DOI : http://dx.doi.org/10.30659
Core Subject : Humanities, Social,
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
Artificial Intelligence (AI) and the Development of the Legal Profession Grace Juanita; Budi Prastowo
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.8.2.1073-1089

Abstract

Amidst rapid technological advancement, this study investigates the influence of Artificial Intelligence (AI) on human relationships and the safeguarding of human dignity. The research questions whether AI’s current trajectory aligns with ethical standards and preserves the core values of human interaction. This study aims to analyze the impact of Artificial Intelligence (AI) development and utilization on changing patterns of human relationships and to assess its implications for the protection of human dignity. Using a normative juridical approach combined with interdisciplinary analysis from ethics and philosophy, the study critically assesses both the advantages, and the ethical risks associated with AI integration. It explores how AI reshapes traditional social dynamics and tests existing legal-ethical frameworks. Through a review of selected case studies and theoretical discourse, the paper identifies deficiencies in existing regulations and emphasizes the urgent need for comprehensive ethical and legal standards. The findings highlight the importance of redefining ethical practices within legal frameworks to ensure justice, transparency, and the continuous protection of human dignity amid evolving AI technologies. The study concludes that AI should function as a supportive tool for legal professionals rather than a substitute for human judgment, with its development and utilization.
Legal Challenges of Coretax System Implementation: Harmonization of Personal Data Protection and Electronic Information Security M. Shidqon Prabowo; Anugraheni Kus Kelanawati; Arlia Nugrahawulan; Wahid Suharto; Agus Riartono
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.8.2.1090-1107

Abstract

The implementation of the Coretax System represents a major step in the digital transformation of Indonesia’s tax administration by integrating taxpayer data into a centralized electronic system. However, this modernization raises legal issues concerning personal data protection, electronic information security, and the harmonization of tax and digital governance regulations. This study aims to analyze the legal status of the Directorate General of Taxes (DGT) as a personal data controller and electronic system operator, evaluate its legal responsibility in cases of system failure or data breaches, and examine the harmonization between the General Provisions and Tax Procedures Law (KUP Law), the Personal Data Protection Law (PDP Law), and the Electronic Information and Transactions Law (ITE Law). This research employs a normative juridical method using statutory and conceptual approaches with qualitative legal analysis. The findings reveal that the DGT’s dual legal position creates overlapping obligations and legal uncertainty due to the absence of clear technical regulations on data protection, electronic system security, and inter-agency accountability. This study concludes that harmonized regulations and comprehensive technical standards are essential to ensure legal certainty, strengthen personal data protection, and support accountable digital tax administration in Indonesia.
Ideal Formulation for Strengthening Mediation in Civil Dispute Resolution in Indonesia Danial Syah; Herlina Hanum Harahap; Andri Winjaya Laksana; Ahmed Kheir Osman
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.8.2.1108-1118

Abstract

Mediation as an alternative mechanism for resolving civil disputes in Indonesia still faces various challenges, despite having a strong legal foundation through Supreme Court Regulation (PERMA) Number 1 of 2016. This research analyzes the juridical, cultural, structural, and substantial aspects of civil dispute mediation and formulates an ideal model for strengthening its regulatory and institutional framework. The purpose of this study is to examine the legal basis, identify factors contributing to the low success rate, and propose an ideal formulation to strengthen mediation in civil dispute resolution in Indonesia. This research employs a doctrinal (normative legal) method and relies on secondary data obtained from literature sources. The findings indicate that mediation in civil dispute resolution in Indonesia has had a strong legal foundation since Article 130 of the Herzien Inlandsch Reglement (HIR) and has been reinforced through various Supreme Court regulations, including PERMA Number 1 of 2016. The low success rate of civil mediation in Indonesia is caused by a legal culture that prioritizes litigation, the uneven distribution of certified mediators, and the weak enforcement of sanctions under PERMA Number 1 of 2016 for parties acting in bad faith. The ideal formulation for strengthening mediation in Indonesia emphasizes revising PERMA Number 1 of 2016 to impose clearer and stricter sanctions for bad faith conduct, enhancing mediator capacity and public legal awareness, and optimizing electronic mediation (e-mediation) through PERMA Number 3 of 2022 to achieve an efficient, modern, and just dispute resolution system.
Weaknesses of Administrative Sanctions for Construction Services: Analysis of AUPB and its Impact on Effectiveness Nurliana Ritonga; Triono Eddy; Onny Medaline
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.8.1.336-347

Abstract

The provision of construction services plays a strategic role in national development, but in practice it is still marred by various violations that indicate weak compliance with regulations, technical standards, and work contracts. This study aims to analyze the nature of violations in construction services, examine the application of the General Principles of Good Governance (AUPB) in imposing administrative sanctions, and evaluate the effectiveness of administrative sanction regulations in ensuring legal compliance. The research method used is normative legal research with a statutory and conceptual approach, supported by an analysis of relevant primary and secondary legal materials. The results show that violations in construction services are systemic and multidimensional, and have the potential to develop from administrative violations to civil and criminal offenses. The application of AUPB in imposing administrative sanctions has not been optimal, as reflected in inconsistencies, lack of transparency, and weak accountability. Furthermore, the regulation of administrative sanctions is still general and does not provide clear parameters regarding the classification of violations and the proportionality of sanctions, thus implicating its low effectiveness as a law enforcement instrument. In conclusion, the effectiveness of administrative sanctions in construction services has not been fully able to encourage compliance and ensure orderly construction implementation. Therefore, it is necessary to update more operational regulations, strengthen the supervisory system, and internalize the AUPB in government practices in order to realize law enforcement that is fair, accountable, and oriented towards protecting public interests.
The Urgency of Updating Auction Law Policy in Indonesia to Improve the Effectiveness of Law Enforcement and the Protection of Community Rights Soegianto, Soegianto
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.8.1.257-270

Abstract

Auction law policy in Indonesia plays a strategic role as a law enforcement instrument, particularly in the execution of court decisions and the settlement of civil obligations. However, in practice, various dynamics and problems still hamper its effective implementation. This study aims to analyze the urgency of reforming auction law policy in Indonesia to improve the effectiveness of law enforcement and strengthen the protection of public rights. The research method used is normative juridical with a statutory and conceptual approach. The results show that the dynamics of auction law policy in Indonesia are characterized by regulatory asymmetry, weak transparency, and the emergence of post-auction disputes that are detrimental to the parties. Furthermore, the development of electronic-based auctions has not been fully supported by a comprehensive legal framework, thus creating potential legal uncertainty. From the perspective of law enforcement effectiveness, reforming auction law policy is a necessity to create a simpler, more transparent, and more accountable system. This reform also needs to be directed at strengthening institutions and optimizing the use of information technology in the auction process. The implications of reforming auction law policy not only impact the effectiveness of law enforcement but also on the protection of public rights more broadly. Adaptive and responsive policies will ensure legal certainty for debtors, creditors, and auction participants, as well as provide access to justice for injured parties. Therefore, updating auction legal policy in Indonesia is a strategic step in realizing a legal system that is just, transparent, and oriented toward protecting public rights.
Legal Analysis of Breach of Default in Paylater Services as Part of Financial Technology Development in Indonesia Anggawira Anggawira; Rahmat Dwi Putranto; Brigita P. Manohara
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.8.2.1119-1131

Abstract

The development of financial technology (fintech) has driven significant changes in people's transaction patterns, one of which is through paylater services that offer easy access to instant financing. However, this convenience also poses legal risks, particularly related to default due to user failure to fulfill payment obligations. This study aims to analyze the application of the default concept in paylater services, the effectiveness of the regulations governing it, and the need for legal adaptation to address the characteristics of digital transactions. The method used is normative legal research with a statutory and conceptual approach, as well as qualitative data analysis. The legal sources used include the Civil Code, Law Number 8 of 1999 concerning Consumer Protection, and Financial Services Authority Regulation Number 10/POJK.05/2022. The results show that the default concept remains relevant, but requires adjustments in its application, particularly in the aspects of electronic evidence and legal responsibility in digital systems. Furthermore, although regulations have established the principles of prudence and consumer protection, implementation challenges remain, such as weak identity verification and oversight.
Judicial Interpretation of Strict Liability in Environmental Law a Comparison Between Indonesia and China Mikhael Wijaya; Ida Nurlinda; Dadang Epi Sukarsa
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.8.1.271-292

Abstract

Strict liability principle allows legal accountability for environmental pollution without requiring proof of fault. This article aim to compares its application in Indonesia and China through a normative-legal and comparative approach. In Indonesia, the principle is regulated under Article 88 of Law No. 32 of 2009 concerning Environmental Protection and Management, yet its implementation remains inconsistent due to the absence of technical regulations and institutional weaknesses. In contrast, China applies strict liability more effectively through environmental courts, reversed burden of proof, and public interest litigation by prosecutors. These differences indicate the urgency of strengthening enforcement instruments in Indonesia so that the principle can function as an operational tool for environmental protection. The proposed policy recommendations include drafting implementing regulations, establishing environmental courts, and reforming procedures for public lawsuit.
Mortgage Rights over Property Involving Foreign Nationals: Legal Risks and Reform in Indonesia Alayna Lita Agzia Khalfani; Mira Novana Ardani
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.8.2.1132-1147

Abstract

This study aims to analyze the legal position of mortgage rights (Hak Tanggungan) over land or property owned or controlled by foreign nationals in the Indonesian secured transactions system, as well as to identify the legal risks faced by creditors and the corresponding mitigation measures. This research employs a normative juridical method with statutory, conceptual, and case approaches, analyzed using a prescriptive-analytical framework. The findings indicate that mortgage rights related to foreign nationals are legally valid only when imposed on the Right of Use (Hak Pakai) in accordance with Article 4 paragraph (2) of the Mortgage Law. Conversely, the imposition of mortgage rights over freehold land (Hak Milik) that is de facto controlled by foreign nationals through nominee arrangements is potentially null and void, as it violates the nationality principle in Indonesian agrarian law. Furthermore, creditors face multidimensional legal risks, including invalidity of security, unenforceability of execution, regulatory risks, and potential criminal liability. The study also reveals that effective risk mitigation requires a comprehensive approach, including rigorous legal due diligence, and appropriate structuring of collateral. Therefore, regulatory harmonization and strengthened supervisory mechanisms are necessary to enhance legal certainty and protection in mortgage practices involving foreign nationals.
Integration of Governance, Risk, and Compliance as Parameters for Determining Business Judgment Rules in Legal Protection Efforts for Directors Tina Amelia; Mohamad Ismed
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.8.1.293-308

Abstract

The purpose of this research is to examine the GRC integration as a normative and empirical parameter for the utilization of the doctrine of the Business Judgment Rule (BJR). The integration of GRC acts as a legal safeguard for the Board of Directors in state-owned enterprises (SOEs). This research will utilize the socio-legal approach and empirical qualitative method. Data collection will be done by conducting in-depth interviews and documentation at "Company X" which is the largest SOE in Indonesia. The findings from this study show that the GRC integration at Company X has evolved into a legal parameter which changes the abstract Business Judgment Rule (BJR) doctrine into concrete audit trail evidence. Specifically, the Governance pillar acts as a manifestation of good faith with regards to transparency. The Risk Management pillar manifests the rule of prudence through thorough risk analysis (well-informed). Compliance provides legality for the actions within their jurisdiction (intra vires). This combination of these three has proven to be effective in ensuring that there is enough legal defense put into place for directors of SOEs, thus creating enough legal certainty in the process of making decisions and minimizing criminalization risks from loss making in business.
Blue Carbon Legal Reform in Indonesia: Institutionalizing Seagrass as a Critical Natural Capital Raia Putri Noer Azzura; Achmad Gusman Catur Siswandi; Yulinda Adharani
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.8.1.200-216

Abstract

Blue carbon governance through Presidential Regulation No. 98/2021 and Ministry of Marine Affairs and Fisheries Regulation No. 1/2025 positions seagrass beds as essential carbon sinks for meeting Nationally Determined Contribution (NDC) targets. However, seagrass bed emission baselines have not been standardized within the National Registry System (SRN PPI) due to overlapping regulatory mandates. This situation is exacerbated by a normative antinomy: conservation instruments are sidelined by spatial planning regulations (the Job Creation Law and Government Regulation No. 21/2021) that legalize the conversion of conservation zones for National Strategic Projects (PSN). Using a legal-normative approach, this study finds that these legal contradictions legitimize "Weak Sustainability," which assumes that natural capital is substitutable. This legal loophole triggers reversal risk, undermining the validity of NDC mitigation and enabling ocean grabbing. As a solution, this study recommends institutionalizing seagrass beds as Critical Natural Capital (CNC) at the statutory level to achieve Strong Sustainability. This status of being absolutely irreplaceable (non-substitutable) will tighten the requirements for PSN exemptions, necessitate cross-ministerial synchronization of Measurement, Reporting, and Verification (MRV) based on TACCC, and integrate High Quality Blue Carbon Principles through community-based conservation instruments (OECM) and Free, Prior, and Informed Consent (FPIC) to ensure the nation's ecological justice.Blue carbon governance through Presidential Regulation No. 98/2021 and Ministry of Marine Affairs and Fisheries Regulation No. 1/2025 positions seagrass beds as essential carbon sinks for meeting Nationally Determined Contribution (NDC) targets. However, seagrass bed emission baselines have not been standardized within the National Registry System (SRN PPI) due to overlapping regulatory mandates. This situation is exacerbated by a normative antinomy: conservation instruments are sidelined by spatial planning regulations (the Job Creation Law and Government Regulation No. 21/2021) that legalize the conversion of conservation zones for National Strategic Projects (PSN). Using a legal-normative approach, this study finds that these legal contradictions legitimize "Weak Sustainability," which assumes that natural capital is substitutable. This legal loophole triggers reversal risk, undermining the validity of NDC mitigation and enabling ocean grabbing. As a solution, this study recommends institutionalizing seagrass beds as Critical Natural Capital (CNC) at the statutory level to achieve Strong Sustainability. This status of being absolutely irreplaceable (non-substitutable) will tighten the requirements for PSN exemptions, necessitate cross-ministerial synchronization of Measurement, Reporting, and Verification (MRV) based on TACCC, and integrate High Quality Blue Carbon Principles through community-based conservation instruments (OECM) and Free, Prior, and Informed Consent (FPIC) to ensure the nation's ecological justice