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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 Legal Awareness in Sustainable Finance through the Good Corporate Governance Risk Compliance Framework under 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 implementation of sustainable finance in Indonesia continues to face a significant gap between regulatory expectations and corporate practices, particularly in the coal mining sector. Despite the Sustainability Report requirement under POJK No. 51/POJK.03/2017, environmental violations and inadequate post-mining reclamation demonstrate that formal compliance may not reflect substantive legal awareness. This study aims to examine the implementation of sustainable finance obligations and assess the legal awareness of major coal mining issuers through the Good Corporate Governance, Risk, and Compliance (GC-GRC) framework. A normative-empirical (socio-legal) approach was employed using hybrid content analysis to triangulate primary data from corporate sustainability reports with secondary data documenting thirty environmental and social violations. The findings reveal persistent greenwashing practices, where formal sustainability disclosures are inconsistent with empirical environmental performance. Most issuers demonstrate an Instrumental Legal Culture, treating compliance primarily as a means to avoid regulatory sanctions rather than as an internalized commitment to ecological justice. The study concludes that strengthening sustainable finance requires not only regulatory compliance but also the transformation of corporate legal culture through an effective GC-GRC framework and stronger institutional enforcement.
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 Siska, Frency; Dewi Heniarti, Dini
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.
Constitutional Regulation of Party-Driven Recall and Democratic Accountability 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 critically examines party-driven recall in Indonesia’s parliamentary system, situating it within constitutional law, representation theory, and democratic accountability. The study addresses growing concerns that recall mechanisms, rather than strengthening democracy, may reinforce party control over elected representatives. It aims to analyze how recall, regulated through statutory provisions and internal party rules, affects legislative independence and the balance between party sovereignty and popular sovereignty. Using a normative legal methodology, the research combines doctrinal analysis, comparative approaches, and legal hermeneutics. Primary sources include the 1945 Constitution, relevant legislation, party constitutions, and judicial decisions, enabling an evaluation of recall within Indonesia’s asymmetric bicameral structure. The findings show that recall functions primarily as an instrument of party discipline rather than democratic accountability. Political parties use it to control legislators who deviate from party lines, thereby weakening parliamentary autonomy and shifting accountability away from constituents. This effect is intensified by the dominance of the People’s Representative Council (DPR) and the interaction between statutory and party-based rules. The study concludes that Indonesia’s recall system undermines representative democracy by prioritizing party sovereignty over voter accountability, highlighting the need for reforms aligned with democratic principles.

Page 50 of 50 | Total Record : 496

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