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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 524 Documents
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Analysis Of The Level Of Legal Awareness In Implementing Sustainability Goals Based On Good Corporate Governance Risk Compliance (Gc-Grc) Based On POJK NO. 51/POJK.03/2017 Chandra Erick Manaek Pandapotan Lumban Gaol; Tarsisius Murwadji; Beniadi Setiawan
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.8.2.1163-1190

Abstract

The contemporary corporate sustainability paradigm confronts a severe jurisprudential chasm between normative regulatory expectations and empirical operational realities. Article 10 paragraph (1) of the Financial Services Authority Regulation Number 51/POJK.03/2017 mandates issuers to construct Sustainability Reports as formal accountability instruments. However, the operational reality of the coal mining industry frequently contravenes ecological preservation, legally violating the absolute prohibition against ecosystem pollution mandated in Article 69 paragraph (1) letter a of Law Number 32 of 2009 concerning Environmental Protection and Management, while systematically neglecting post-mining reclamation obligations stipulated in Article 96 letter c of Law Number 3 of 2020 concerning Mineral and Coal Mining. This socio-legal research aims to deconstruct the disparity in the substantive implementation of sustainability mandates and to diagnose the qualitative legal culture of seven market-controlling issuers through the efficacy proxy of Good Corporate Governance, Risk, and Compliance (GC-GRC) architectures. Methodologically, this study adopts a normative-empirical (socio-legal) framework, utilizing a hybrid content analysis to triangulate primary data from corporate reporting documents against secondary data chronicling thirty sociological violations within excavation territories. The pathology of corporate governance is calibrated utilizing Lawrence M. Friedman's Grand Theory of Legal Culture. Forensic data excavation unequivocally corroborates the existence of systemic greenwashing anomalies, wherein formal compliance claims collide diametrically with irreversible ecological destruction. The majority of the examined entities are diagnosed as being entrenched within an Instrumental Legal Culture; compliance is appropriated purely as a calculative burden to circumvent administrative sanctions rather than stemming from the internalization of Ecological Justice. The functional paralysis of the corporate GC-GRC architecture consequently forces compliance instruments to operate merely as defensive shields, failing to transform into catalysts for a genuinely sustainable business civilization.
Paradoxical Formation of Legislation as a Manifestation of Law from the Perspective of Power and Justice Rido Pradana
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.8.1.309-319

Abstract

The formation of legislation is a manifestation of a state of law where the highest power lies in the law, not power as regulated in Article 1 paragraph (3) of the 1945 Constitution of the Republic of Indonesia. In the formation of legislation, the state of law is based on democracy which means the people hold a key role and a central position in determining the direction of policy, but in reality there are laws and regulations that are the result of the product of state power in the field of legislation that are not in accordance with the voice of the people. This research will discuss how the formation of legislation as a manifestation of law and the formation of legislation from the perspective of power and justice. By using a normative juridical research method, the author uses a statutory approach which is carried out by examining all laws and regulations that are interconnected with the legal issues discussed based on primary, secondary, and tertiary legal materials. The results of this study indicate a paradox in the formation of legislation as a manifestation of applicable law, from the perspective of power the formation of legislation is not carried out on the basis of the principles of the formation of good and correct legislation in order to create legal objectives and from the perspective of justice the legislation is not able to fulfill the aspirations of the community to become a real program that has a good impact on society. To avoid the paradox of the formation of legislation as a manifestation of law made by the state from the perspective of power and justice, it is necessary to apply the doctrine of meaningful participation optimally in the system of formation of legislation as a form of fulfillment of the principle of people's sovereignty.
Strategy for Strengthening Restorative Justice Policy in Resolution of Land Disputes in Indonesia: Strategy for Strengthening The BPN Institution Agung Iriantoro; Agus Surono; Zaitun Abdullah; Rahmat Rahmat
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.8.1.217-234

Abstract

Land dispute resolution in Indonesia faces multi-dimensional complexity stemming from unclear land boundaries, overlapping ownership rights, and conflicts between indigenous communities and the state. Regulation of the Minister of Agrarian Affairs and Spatial Planning/National Land Agency (Permen ATR/BPN) No. 21 of 2020 introduces a mediation mechanism based on restorative justice principles as an alternative non-litigation dispute resolution that focuses on restoring social relations and reaching consensus in accordance with local wisdom. This study uses a qualitative approach with data were collected through in-depth interviews with BPN officials, mediators, and related parties; direct observation of the mediation process; and a study of regulatory documents and implementation reports. Key findings reveal that while mediation success rates can reach 28.5% to 55-65% in areas with integrated customary deliberations, optimal implementation is still hampered by institutional structural gaps, heterogeneity in mediator capacity with only 45% certified, weak legal force of mediation outcomes that allows for the cancellation of 25% of agreements, informal cross-institutional coordination, and limited technology utilization. Policy strengthening requires a holistic approach that integrates institutional restructuring with the establishment of dedicated mediation units, the development of multi-layered competency standards, strengthened regulations with executive powers, formalization of cross-institutional coordination including legal recognition of customary deliberations, and optimization of JUSTISIA technology. Socio-legal implications indicate that restorative justice contributes significantly to reducing social tensions and increasing institutional trust, particularly by integrating local wisdom.
Reformulation of Investment Partnerships to Overcome Inequality in UMKM Empowerment Frency Siska; Dini Dewi Heniarti
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.8.1.320-335

Abstract

This study aims to analyze inequality in investment partnership practices in Indonesia within the framework of empowering micro, small, and medium enterprises (UMKM), as well as formulate a concept of equitable partnerships to overcome these inequality based on Aristotle's theory of justice and progressive law. The research method used is normative juridical with a legislative, conceptual, and case approach, supported by legal materials in the form of laws and regulations, court decisions, and scientific literature. The novelty of this research lies in the integration of the principles of distributive and corrective justice with progressive legal approaches as a comprehensive framework in reformulating investment partnerships oriented towards substantive justice for UMKM. The results of the study show that although normatively the regulation of investment partnerships has been directed at the empowerment of UMKM, in practice it actually causes structural inequality due to lack of transparency, weak supervision, and imbalance in bargaining positions. As a result, UMKM often bear disproportionate risks without getting fair benefits. This study proposes that investment partnerships be redesigned to ensure a proportionate distribution of benefits and risks and supported by effective corrective mechanisms. In addition, the progressive legal approach emphasizes the importance of the role of legal institutions in prioritizing substantive justice and protecting the weak. Thus, the reformulation of investment partnerships is important so that it functions as an instrument for empowering UMKM with equity, not just a formal contractual relationship.
Saving Frozen Embryos Through Adoption Agreements: Bridging The Legal & Bioethical Gap in Indonesian Private Civil Law Dewi Padusi Daeng Muri; Irawan Soerodjo; Carolus Boromeus Kusmaryanto; Putra Hutomo
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.8.1.235-256

Abstract

This study examines the legal and bioethical issues surrounding remaining frozen embryos in Indonesia, particularly the lack of regulations governing their use through embryo adoption. Current regulations require the destruction of unused embryos, creating a legal and ethical dilemma as embryos are considered potential human life with a right to life. This study uses a socio-legal approach with legal and comparative analysis to evaluate existing regulations and practices across several countries. The findings indicate a significant legal gap in Indonesia regarding embryo adoption, resulting in a lack of legal protection for prospective parents and embryos. This study proposes embryo adoption as a viable legal and bioethical solution to ensure embryo protection and the fulfillment of reproductive rights, and contributes to the development of a more comprehensive legal framework in private civil law.
Mechanisms of Control or Instruments of Accountability? A Critical Appraisal of Party-Driven Recall in Indonesia’s Parliament Moh. Yusuf; Muliadi Muliadi; Muhammad Akbar; Abdullah Abdullah
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.8.2.1148-1162

Abstract

This article provides a critical examination of party-driven recall in Indonesia’s parliamentary system, situating the mechanism within constitutional law, representation theory, and democratic accountability. The objective is to analyze how recall, regulated by statutory provisions and party bylaws, influences legislative independence and the balance between party sovereignty and popular sovereignty. Employing a normative legal methodology, the study integrates doctrinal analysis, comparative inquiry, and legal hermeneutics. Primary materials include the 1945 Constitution, statutory frameworks, and party constitutions, complemented by judicial decisions and case law, to evaluate the functioning of recall within Indonesia’s asymmetric bicameralism. The findings establish that recall operates predominantly as a mechanism of party discipline rather than democratic accountability. Political parties wield recall to sanction legislators who challenge party lines, subordinating parliamentary autonomy to elite control and redirecting accountability away from constituents. This dynamic is reinforced by the interaction of statutory law and internal party rules, creating a dual legal structure that institutionalizes party dominance. Within Indonesia’s bicameral context, the legislative primacy of the DPR amplifies these effects, as recall disproportionately constrains the chamber with decisive lawmaking power. Comparative perspectives underscore Indonesia’s divergence from global democratic practices, where recall typically functions as a voter-driven instrument of accountability. By contrast, the Indonesian model consolidates elite control and weakens the representative link between voters and legislators. The study concludes that Indonesia’s recall system, in its present form, undermines the principles of representative democracy by prioritizing party sovereignty over citizen accountability. Its contribution lies in linking doctrinal and normative analyses of recall with broader theories of bicameralism and representation. The implications suggest that meaningful reform requires narrowly defined grounds for recall, the establishment of independent oversight mechanisms, and the incorporation of voter participation. Such reforms are essential to restore the integrity of parliamentary mandates and align the system with constitutional commitments to popular sovereignty.
Hybrid Civil Servant Discipline under Government Regulation Number 94 of 2021: Legal Enforcement, TPP Incentives, and Familial Corrective Practices in Lubuklinggau City Agustinus Samosir
Law Development Journal Vol 8, No 3 (2026): September 2026
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.8.3.1055-1066

Abstract

This study analyzes the implementation of Government Regulation Number 94 of 2021 concerning Civil Servant Discipline, focusing on administrative enforcement, performance incentives (TPP), and corrective approaches in Lubuklinggau City.
An Integrative Eco-Entrepreneurial Legal Framework for Climate-Resilient Coral Reef Protection Risti Dwi Ramasari; Erlina B; Tami Rusli; Zainab Ompu Jainah
Law Development Journal Vol 8, No 3 (2026): September 2026
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.8.3.1067-1075

Abstract

This study proposes an integrative legal and regulatory framework combining ecological protection principles and entrepreneurship to safeguard coral reef ecosystems in Indonesia against climate change.
Judicial Inconsistency in Applying Article 116(f) of the Compilation of Islamic Law: A Legal Analysis of Decisions of the Malang Regency Religious Court Muhammad Fajar Nabil; Muhammad Nafis; Khoirul Asfiyak
Law Development Journal Vol 8, No 3 (2026): September 2026
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.8.3.1076-1092

Abstract

This article analyzes judicial inconsistency in applying Article 116(f) of the Compilation of Islamic Law regarding divorce petitions and legal protection of marital rights in the Religious Court of Malang Regency.
Reconstruction of Legal Aid Norms in the New Criminal Procedure Code: From the Limits of Criminal Threats to Needs-Based Protection and Sharia Maqasid Muhammad Sopyan; Ansari Yamamah; Arifuddin Muda Harahap
Law Development Journal Vol 8, No 3 (2026): September 2026
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.8.3.1001-1018

Abstract

Legal aid is a fundamental constitutional guarantee for fulfilling human rights and ensuring equal protection before the law. This study analyzes the normative limits of legal aid in Indonesia and reconstructs them based on legal needs and sharia maqasid principles.

Page 50 of 53 | Total Record : 524

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