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 524 Documents
The Authenticity of Auction Minutes Drawn Up by A Notary Acting as A Class II Auction Official Within the Indonesian Auction System Dewi Tjandraningsih
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.8.3.1093-1115

Abstract

Auction minutes provide authentic evidence of voluntary non-execution auctions. This article analyzes the legal construction of authenticity and evidentiary force of auction minutes drawn up by a notary serving as Class II Auction Official.
The Hospital's Legal Liability for the Doctor's Actions in a Therapeutic Agreement as a Form of Health Services Mangisara Darmawan Siagian; Muhammad Arifin; Ida Hanifah
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.8.3.1019-1036

Abstract

This study examines hospital liability arising from medical services provided by doctors under therapeutic transactions, analyzing corporate liability and patient protection in the Indonesian legal framework.
Reconstructing Good Faith in Marriage Annulment: Civil Protection of Wives in Islamic and Indonesian Law Prahasti Suyaman; Oyo Sunaryo Mukhlas; Aden Rosadi; Usep Saepullah
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.8.3.1037-1054

Abstract

This research analyzes the reconstruction of good faith in marriage annulment and its impact on the civil protection of wives under Islamic jurisprudence and Indonesian national law.
Legal Certainty of Individuals as Legal Subjects & Land Rights Holders in Indonesia A Comparative Study Between Indonesia & Singapore Putra Hutomo; Akhmad Budi Cahyono
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.8.2.971-983

Abstract

Law Number 6 of 2023 concerning the Determination of Government Regulations in Lieu of Law Number 2 of 2022 concerning Job Creation Becoming Law regulates the position of individual companies, based on the provisions of Article 153 letters A to letter J which are inserted in Articles 153 to Article 154 in Law Number 40 of 2007 concerning Limited Liability Companies. The concept of the birth of an individual company is to provide support from the Indonesian Government in supporting micro and small business actors to obtain a legal entity with a modern form that ignores the principle of two legal subjects in establishing a limited liability company. The founder of an individual company can only establish 1 (one) individual company within a period of 1 (one) year with the company organs, namely the GMS and the Board of Directors by providing legal standing for the individual company, from the issuance of the registration certificate for the establishment of the individual company. In Singapore, a legal entity that has the same characteristics as an individual company is known as a private company limited. As a legal subject, individual companies can be given land rights as regulated in Law Number 5 of 1960 concerning Basic Agrarian Principles and their implementing regulations, namely Business Use Rights, Building Use Rights and Use Rights with a period of time and given a certificate as strong proof of ownership of land in Indonesia.
Challenges and Effectiveness of Diversion at The Investigation Stage in Juvenile Justice Zulkarnain S; Satrio Abdillah; Roni Sahindra
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.8.3.1207-1228

Abstract

Juvenile offenders require a justice system that prioritizes protection, rehabilitation, and social reintegration rather than punitive measures. This study aims to evaluate the implementation of diversion at the investigation stage as a form of restorative justice, identify factors that limit its effectiveness, and formulate an ideal model for resolving juvenile cases in the future. This study employed a juridical-empirical approach with qualitative methods, combining primary data obtained through interviews with law enforcement officers and secondary data derived from legal documents, regulations, and official reports. The data were analyzed using content analysis and triangulation techniques to ensure validity. The findings indicated that diversion has generally been implemented in accordance with restorative justice principles by involving offenders, victims, families, and relevant social actors. However, several obstacles persist, including the limited number of trained child investigators, inadequate child-friendly facilities, weak coordination among law enforcement agencies, regulatory gaps related to non-compliance with diversion agreements, and low levels of community participation. These challenges reduce the effectiveness of diversion practices and hinder the achievement of restorative justice outcomes. The novelty of this research lies in its integrated analysis of diversion practices at the investigation stage by combining legal, institutional, and socio-cultural perspectives to explain the gap between normative provisions and empirical implementation. Based on the findings, it can be concluded that although diversion reflects restorative justice principles, its implementation remains suboptimal due to structural and cultural constraints. Therefore, strengthening institutional capacity, improving regulatory frameworks, and enhancing community involvement are essential to optimize diversion as a sustainable and child-oriented approach in juvenile justice.
Law Enforcement Against Co-Habitare Criminal Acts in Indonesia (Case Study in Namo Bintang Village) Nanang Tomi Sitorus; Fitria Ramadhani Siregar
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.8.3.1313-1324

Abstract

The criminal act of co-habitare (cohabitation without marriage, locally known as "kumpul kebo") refers to an act committed by living together in one residence without a legally valid marital bond, and cases of this criminal act are increasingly prevalent in Namo Bintang Village, Pancur Batu Sub-district. The government has enacted Law Number 1 of 2023 concerning the Criminal Code (KUHP), as elaborated in Article 412. This research employs an empirical method, namely by conducting research and data collection in Namo Bintang Village, and the data obtained were analyzed in order to resolve the problems occurring. The factors causing co-habitare criminal acts in Namo Bintang Village are due to many couples who do not understand the applicable law, are not permitted to marry, and are unwilling to enter into a marriage recognized by their religion and administratively acknowledged by the state. The preventive measures undertaken by the village government include socialization regarding the impact and dangers of cohabitation to the local community and newcomers. Should cohabitation crimes become increasingly rampant and cases continue to rise, the village government together with law enforcement, namely the police, take repressive action by investigating and apprehending perpetrators of co-habitare crimes by enforcing the applicable regulations and laws.
Consensus Deliberation (Musyawarah Mufakat) as the Philosophical Foundation of Mediation in Dispute Resolution in Indonesia: A Pancasila Legal Philosophy Perspective Ridwan Ridwan; Nandang Sambas; Neni Sri Imaniyati
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.8.3.1150-1167

Abstract

This research analyzes the philosophical, juridical, and sociological foundations of musyawarah mufakat, evaluating its integration into Indonesia mediation framework under Pancasila legal philosophy.
Public Participation as a Determinant of Democratic Legitimacy and the Quality of National Legislation in the Formation of Regulations Legislation Muhamad Aksan Akbar; La Ode Dedihasriadi; Suarni Sonda
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.%p

Abstract

Public participation is a fundamental element in the formation of legislation as a manifestation of popular sovereignty in a democratic state based on the rule of law. Although normatively guaranteed in the constitution and legislation, its implementation still tends to be formalistic, thus not optimally improving democratic legitimacy and the quality of national legislation. The urgency of this research lies in the effort to emphasize the role of public participation as a determinant of legislative quality in the formation of legislation and formulate an effective model of public participation in the legislative process. The novelty of this research lies in the construction of a public participation model based on the legislative cycle that integrates a deliberative approach, information transparency, inclusiveness, and feedback mechanisms as a systemic whole in the formation of legislation. This research applies normative legal research methods using legislative, conceptual, and case approaches. The results show that public participation plays a major role in determining democratic legitimacy and the quality of national legislation in the formation of legislation. Meaningful public participation strengthens democratic legitimacy, improves the quality of normative substance, prevents regulatory disharmony, and strengthens the effectiveness of legal implementation. Effective public participation models for the formation of legislation include the legislative cycle-based participation model, the deliberative-institutional participation model, the information transparency-based participation model, the digital participation model, and the feedback-based participation model. All of these models must be based on the principles of inclusivity, transparency, accountability, and sustainability, and supported by strengthening institutional capacity and increasing public legal literacy.
Targeted Killings of Nuclear Scientists: Assessing Israel's Attack Legality under International Humanitarian Law Dhafin Ramadhan; Diajeng Wulan Christianti
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.8.2.787-805

Abstract

International Humanitarian Law (IHL) protects civilians from attack unless they directly participate in hostilities (DPH). In June 2025, Israel launched Operation Rising Lion, a series of targeted strikes against Iranian nuclear scientists, claiming that they were directly participating in Iran’s nuclear weapons programme and thus constituted lawful military objectives. The attack also caused a number of civilian casualties. This study analyzes the exact legal status of the scientists to determine whether their work in the nuclear program makes them lose their civilian protection and become lawful targets. Furthermore, this study examines whether Operation Rising Lion complied with the fundamental principles of IHL, namely the principles of distinction, proportionality, and precautions. This research employs a normative legal research method. The objective of this study is to provide a clear legal analysis of these targeted strikes and assess the overall legality of the military action. Ultimately, this study concludes that although Iranian nuclear scientists may qualify as DPH under the extensive approach, the strikes cannot be considered lawful. The use of powerful munitions in densely populated residential areas indicates that the operations were indiscriminate in nature. By claiming that the resulting civilian casualties were incidental, Israel has misused the concept of proportionality to justify what in substance amounts to violations of the principle of distinction and the prohibition of indiscriminate attacks.
Legal Analysis of Sharia Economics on Labor Wages (Ujrah) in Law No. 6 of 2023 on Job Creation Following Constitutional Court Decision No. 168/PUU-XXI/2023 from the Perspective of Maqashid Al-Syariah Muhammad Yunus; Ahmad Hasan Ridwan; Deni Kamaludin Yusup
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.8.2.889-915

Abstract

Law Number 6 of 2023 concerning the Stipulation of Government Regulation in Lieu of Law Number 2 of 2022 concerning Job Creation into law is an important milestone in the dynamics of labor law in Indonesia. The wage regulations in this law have sparked academic debate, particularly following Constitutional Court Decision Number 168/PUU-XXI/2023, which reaffirmed the constitutional position of workers in obtaining fair protection. A study of Islamic economic law on these wage (Ujrah) regulations is urgent, given that the principle of maqashid al-syariah emphasizes protection of life, intellect, religion, lineage, and property. In the context of labor, the aspects of property protection and distributive justice are relevant as benchmarks for the validity of legal norms. This study uses a juridical-normative approach by examining regulations, court decisions, and Islamic legal literature. The results of the analysis show that the wage regulation in Law No. 6 of 2023 still faces challenges in realizing the principle of distributive justice, because the wage formula tends to favor investment interests (oligarchy). From the perspective of maqashid al-syariah, wage policy should be directed at ensuring the welfare of workers, preventing exploitation, and realizing a fair distribution of income. Thus, the urgency of harmonizing positive law and the principles of sharia justice is necessary so that labor regulations can function as instruments of protection and empowerment. Pancasila wages are a solution to the wage system implemented by the government because they fulfill the principles of justice and welfare