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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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A Juridical Analysis of Digital Forensics in the Evidentiary Process for Online Child Sexual Abuse Cases Emy Rosna Wati; Isabela Efendi
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.8.3.1325-1343

Abstract

The rapid advancement of digital technology has been closely followed by a rise in online sexual crimes against children, particularly through the practice of cyber grooming. This study analyzes the forms of digital evidence and the legal procedures for presenting such evidence in cases of online child sexual abuse. A normative juridical method was employed, using a statute approach supported by systematic, grammatical, and futuristic interpretation. The primary legal materials examined include Law Number 19 of 2016 on the Amendment to Law Number 11 of 2008 concerning Electronic Information and Transactions, Government Regulation Number 71 of 2019 concerning the Operation of Electronic Systems and Transactions, the draft Ministerial Regulation of Communication and Informatics on the Handling of Electronic Evidence, Law Number 35 of 2014 on Child Protection, the Indonesian Criminal Code, and National Police Regulation Number 10 of 2009 concerning Electronic Evidence. Secondary legal materials, including academic literature, journal articles, legal textbooks, and expert opinions, were also examined using deductive analysis. The findings indicate that digital evidence, such as screenshots, metadata, disk clones, and cloud-stored content, carries varying degrees of evidentiary strength, with disk clones obtained through lawful forensic procedures regarded as the most conclusive. The study underscores the importance of the ISO/IEC 27037 standard in guiding the identification, acquisition, and preservation of digital evidence, as well as the urgency of URL permanence and comprehensive chain-of-custody documentation. Nevertheless, persistent constraints remain, including limited human resources, technical barriers, and inadequate cross-platform cooperation. Strengthening the capacity of law enforcement officers and updating existing regulations are therefore essential steps toward ensuring the validity and effectiveness of digital evidence in court.
Abuse of Authority by Law Enforcement Officials in Government Procurement: A Criminal Law Analysis of Corruption Cases in Indonesia Leni Anggraeni; Ahmad Ma’mun Fikri; M Yahya Wahyudin
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.8.3.1132-1149

Abstract

Corruption in government procurement of goods and services remains a major challenge. This study provides a doctrinal legal analysis of abuse of authority by law enforcement officials under the Anti-Corruption Law.
Legal and Institutional Reconstruction of Special Procurement Practices in the Indonesian National Police Agus Setyawan Heru Purnomo; Yos Johan Utama; Budi Ispiyarso
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.8.3.1247-1257

Abstract

The procurement of special goods and services within the Indonesian National Police (POLRI) encompassing tactical equipment, weaponry, intelligence tools, and other classified operational needs operates under a distinct legal and institutional regime that differs from general public procurement governed by Presidential Regulation Number 16 of 2018 and its amendments. This distinction arises from considerations of state security, confidentiality, and operational urgency, yet it has also created legal ambiguity, weak institutional oversight, and inconsistent management practices across POLRI's procurement units. This study aims to analyze the existing legal framework and institutional arrangements governing special procurement within POLRI, identify the structural and normative weaknesses that hinder accountability and efficiency, and formulate a reconstructive model for a more coherent legal basis, governance structure, and management system. Employing a normative-empirical legal research method, this study examines statutory regulations, internal POLRI policies, and institutional practices, complemented by a review of comparative procurement models in other security and defense institutions. The findings indicate that the absence of a unified legal instrument specifically regulating special procurement has resulted in overlapping authority, limited transparency, and vulnerability to maladministration. The proposed reconstruction integrates principles of good governance transparency, accountability, and proportionality  into a special procurement framework that remains sensitive to security confidentiality requirements. This study contributes to the development of procurement law within security sector institutions and offers policy recommendations for strengthening POLRI's institutional governance in managing special goods and services procurement.
The Dilemma of State Air Sovereignty: Reconstructing International Air Law in the Implementation of the ASEAN Open Skies Policy Harwita Sari; Tofik Yanuar Chandra
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.8.2.916-936

Abstract

The ASEAN Open Skies Policy aims to create a single aviation market, yet it presents a dilemma for Indonesia regarding the protection of absolute airspace sovereignty. This study aims to analyze the normative conflict arising from aviation liberalization and to formulate an adaptive legal reconstruction for Indonesia. A normative-juridical research method was employed, utilizing statutory, conceptual, and comparative approaches—specifically comparing the models of Singapore and Malaysia. The findings indicate that the implementation of this regional policy—reinforced by Presidential Regulation Number 100 of 2025—threatens to erode domestic economic jurisdiction due to market reciprocity imbalances. A normative conflict exists between the protectionist 1944 Chicago Convention and ASEAN instruments that mandate openness regarding fifth-freedom rights. As a solution, this study proposes a novel "Targeted Functional Sovereignty" model. This model reconstructs the legal framework through three pillars: the establishment of an Independent Aviation Economic Authority (IAEC), the implementation of strategic airspace zoning, and the codification of an automatic safeguard mechanism triggered by a critical market threshold of 55%. In conclusion, through this reconstruction, Indonesia can fulfill its regional commitments in an offensive-adaptive manner without compromising its national aerospace jurisdiction.
Legal Analysis of Debt Conversion into Mandatory Convertible Bonds in Credit Restructuring Farica Yasmin Anjani; Salmon Ginting; Nur Lian
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.8.3.1344-1359

Abstract

This study aims to analyzes the Supreme Court's legal considerations in Decision Number 2555 K/Pdt/2025 regarding the conversion of PT Bank DKI's debt into Mandatory Convertible Bonds (MCB) by PT Waskita Beton Precast, Tbk. as a credit restructuring instrument. The main problem of this study is how the Supreme Court considerations on debt conversion validity and MCB limits for banks under prudential banking principles. This study uses a normative juridical method with a statutory regulatory approach, a conceptual approach, and a case approach to the series of decisions related to the PKPU (Subsidiary Suspension of Payment) process, homologation, and Decision Number 2555 K/Pdt/2025. The results show that the Supreme Court considers the debt conversion into Mandatory Convertible Bonds to be a legitimate form of credit restructuring based on three main considerations: the binding force of the homologated peace agreement, compliance with credit restructuring regulations, and the failure to fulfill the elements of an unlawful act. However, the ruling leaves unresolved the distinction between corporate legality and banks’ prudential compliance. This study concludes that the legality of converting debt into Mandatory Convertible Bonds must comply with bankruptcy law, corporate law, banking prudential principles, and information disclosure to provide comprehensive legal certainty.
Reconstructing Spatial Planning Law Through NeoProgressivism: Towards an Integrated Jurisprudential Architecture
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.8.3.1168-1182

Abstract

Spatial planning law requires an integrated jurisprudential architecture to harmonize environmental sustainability, legal certainty, and social justice. This article reconstructs spatial planning law through Neo-Progressivism.
Protecting Human Dignity in Cyberspace: The Right to be Forgotten as a Legal and Socio-Islamic Transformation in Indonesian Higher Education Ahmad Jamaludin; Ratu Arti Wulan Sari; Dandi Ditia Saputra
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.8.3.1258-1278

Abstract

One form of sexual violence in higher education involves the use of social media, where perpetrators spread sexually explicit photos or videos, often exploiting power dynamics. Such acts not only pose threats but also leave a detrimental digital footprint for the victims. The “Right to be Forgotten” offers victims the ability to erase these digital traces from cyberspace as a concrete measure to protect them from the impacts of such violence. The aim of this study is to explore and analyze the concept of the Right to be Forgotten in addressing sexual violence through cyberspace in higher education settings, bridging positive criminal law with Islamic legal philosophy. This research employs a normative juridical method. The findings highlight the crucial need to implement the Right to be Forgotten for victims by removing their digital traces. This legal measure strongly aligns with both the Indonesian criminal justice framework (such as the ITE Law and Sexual Violence Crimes Law) and the contemporary Islamic principle of Maqasid al-Shariah, specifically Hifz al-Irdh (the protection of human dignity and honor). Furthermore, the study emphasizes the government's readiness to implement this right through appropriate regulations and law enforcement mechanisms that foster social transformation, focusing on the legal protection of victims and human rights.
Applying the ACES Framework to Assess Halal Tourism Readiness in Penyengat Island for Strengthening the Sustainable Maritime Economy and Culture Suryadi Suryadi; Atika Thahira; Aditia Ayu Rahma Nabila; Abdul Alimul Karim; Ahmad Rusdi; Zuleriwati A.S; Jaya Hermawan
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.8.2.937-950

Abstract

Halal tourism is growing rapidly worldwide as Muslim travelers increasingly demand services aligned with Sharia principles. The Riau Islands, particularly Penyengat Island with its rich Islamic cultural and historical heritage, hold strategic potential to be developed as a leading halal tourism destination. This study evaluates its readiness using the ACES (Access, Communication, Environment, Services) framework with a descriptive mixed-method approach involving observation, questionnaires, interviews, and documentation. Findings show Penyengat Island achieved a score of 69, categorized as Ready. Accessibility and environmental aspects are strong, but communication remains weak, particularly in halal certification transparency, multilingual information, and digital promotion. Pareto analysis identifies communication and halal food access as priority improvements, while fishbone analysis highlights regulatory complexity, low digital literacy and language skills, limited halal technology, and insufficient community support as key challenges. Based on these findings, development strategies should focus on enhancing communication, simplifying regulations, improving human resources, and adopting digital technology to strengthen the sustainable competitiveness of halal tourism on Penyengat Island.
The Certainty Paradox Behind the Constitutional Court's Decisions: Reconstructing IKN's Legal Architecture for National Strategic Sustainability Ady Supryadi; Sarudi Sarudi; Rena Aminwara; Edi Yanto; Dodi Jaya Wardana
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.8.3.1183-1194

Abstract

The development of the Nusantara Capital City (IKN) is a national strategic project that relies on regulatory stability as its primary foundation. However, judicial dynamics through the Constitutional Court (MK) Decision on judicial review of the IKN Law have given rise to a "certainty paradox." On one hand, the decision upholds constitutional supremacy; on the other, it creates uncertainty for economic actors and physical development implementers in the field. This study aims to analyze the juridical implications of the Constitutional Court Decision on IKN's regulatory stability and to formulate an ideal legal architecture reconstruction model to ensure long-term development resilience. The research method employed is juridical-normative, using statutory, case, and conceptual approaches. The findings reveal that the Constitutional Court Decision has triggered regulatory turbulence affecting investment risk and the ambiguity of the IKN Authority's powers. This legal certainty paradox emerges from the unpreparedness of derivative regulations to adopt the Court's legal considerations quickly and integratively. As a solution, this study proposes a legal architecture reconstruction built on three main pillars: (1) codification of rules in the form of a sector-specific Omnibus Regulation exclusively for IKN to mitigate regulatory inflation; (2) strengthening "legal immunization" through Smart Contract mechanisms and investment stability guarantees; and (3) institutionalizing meaningful public participation within the Authority's internal structure. This reconstruction is essential to transform IKN's legal landscape from reactive-administrative to responsive-strategic, so that IKN's sustainability is no longer threatened by future political or judicial dynamics.  
The Dynamics of Consumer Protection in The Low-Cost Carrier (LCC) Aviation Business Amid Digital Transformation Dikha Anugrah; Neni Sri Imaniyati; Eman Suparman; Nandang Sambas
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.8.3.1279-1295

Abstract

Consumer protection in the low-cost carrier (LCC) aviation industry has become a challenge in the era of digital transformation, particularly in terms of information transparency, passenger rights, and dispute resolution mechanisms. This study aims to analyze the effectiveness of consumer protection policies in the LCC business between Indonesia and Malaysia and evaluate the digital-based dispute resolution mechanisms implemented in both countries. The research employs a normative juridical method with a comparative approach, involving an analysis of consumer protection regulations and digital technology in aviation dispute resolution. The findings indicate that Malaysia has a more comprehensive regulatory framework through the Aviation Consumer Protection Code 2016 and strict supervision by the Malaysian Aviation, which enables digital dispute resolution with greater transparency. Conversely, Indonesia still faces challenges in regulatory effectiveness, weak airline compliance oversight, and limited utilization of digital technology in dispute resolution. This comparison highlights the need for Indonesia to enhance its online complaint system, strengthen law enforcement, and develop a more efficient digital-based dispute resolution mechanism. The digital transformation in the aviation industry must be accompanied by adaptive policies to ensure optimal consumer protection amid the rapid growth of the LCC sector.

Page 52 of 53 | Total Record : 524

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