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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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The Relevance of al-Ṭūfi’s Maṣlaḥah Theory to the Formulation of Modern Sharia Economic Policy Maman Surahman; Panji Adam Agus Putra; Fahmi Fatwa Rosyadi Satria
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.8.2.951-970

Abstract

This article examines the contemporary relevance of al-Ṭūfī’s theory of maṣlaḥah in formulating modern Islamic economic public policy. Al-Ṭūfī’s perspective—emphasizing the primacy of public interest over textual evidence (nass) in the domains of mu‘āmalāt and public affairs—offers a methodological framework capable of addressing the complex and rapidly evolving challenges of the digital economy. Using a normative qualitative approach, this study analyzes the foundational concepts of maṣlaḥah in al-Ṭūfī’s works and compares them with emerging regulatory practices in Islamic economic governance, including the development of Islamic fintech, the transformation of waqf into financial instruments such as Cash Waqf Linked Sukuk (CWLS), and the strengthening of prudential principles in Islamic financial institutions. The analysis reveals that al-Ṭūfī’s rational and context-sensitive framework provides substantial epistemological flexibility for contemporary policymaking, particularly in addressing issues such as algorithmic bias, data security, systemic risk, and green finance. This study also highlights a research gap in the existing literature, as few works have systematically employed al-Ṭūfī’s maṣlaḥah theory as a conceptual tool for evaluating modern economic regulation. The findings demonstrate that integrating al-Ṭūfī’s approach with maqāṣid al-syarī‘ah creates a robust analytical foundation for designing adaptive, evidence-based, and socially impactful Islamic economic policies. Therefore, this article contributes to the methodological enrichment of Islamic economic law and offers practical implications for regulators seeking sharī‘ah-compliant frameworks that remain responsive to technological and socioeconomic transformations.
Extensification of Corporate Crimes Against Political Parties for Undercover Campaigns in Places of Worship M. Maulana Bungaran; Agus Surono; Andi Wahyu Wibisana; Diani Kesuma
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.8.3.1195-1206

Abstract

The practice of covert campaigning in places of worship constitutes an exploitation of sacred spaces that undermines the integrity and substantive justice of general elections. Law enforcement under the current Election Law regime faces a structural deadlock due to the overly rigid application of the lex stricta principle, which can only prosecute implementers, participants, and campaign teams officially registered with the General Election Commission. Consequently, cases involving covert campaign actors outside these three legal subjects are frequently dismissed, thus breeding impunity for political party elites who factually profit from such covert maneuvers. This article aims to reconstruct criminal liability in elections by shifting the enforcement paradigm toward the conception of corporate criminal offenses based on Law Number 1 of 2023 concerning the Criminal Code (KUHP 2023). Employing a normative legal research method with statutory and conceptual approaches, the study confirms that political parties fulfill the qualifications as subjects of corporate criminal offenses. Maneuvers by covert campaign actors do not nullify the criminal offense; Rather, they are constructed as acts committed by third parties acting on behalf of the corporation, in this context, the political party. The attribution of malicious intent (mens rea) is established through the construction of the offense of omission (tacit consent), where in the political party is proven to unlawfully enjoy electoral benefits without undertaking preventive measures. Integrating this corporate criminal architecture serves as a condition sine qua non to resolve the electoral law deadlock and exact layered criminal liability extending to the apex of the political party hierarchy.
Efforts to Prevent Revictimization in the Criminal Justice System through a Victim-Oriented Justice Approach Subaidah Ratna Juita; Ani Triwati; Efi Yulistyowati; Muhammad Iftar Aryaputra
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.8.3.1296-1312

Abstract

Sexual violence is a criminal act that not only causes physical, psychological, sexual, social and economic losses, but can also place victims in repeated experiences of suffering when dealing with the criminal justice system. Repeated examinations, cornering questions, doubts about the victim's statement, disclosure of identity, gender stereotypes, victim blaming, and judicial procedures that are not sensitive to the victim's needs are forms of secondary victimization that can aggravate the victim's suffering. This article aims to analyze efforts to prevent repeated victimization of victims of sexual violence through a victim-oriented justice approach. The research uses normative juridical methods with statutory, conceptual and victimological approaches. The research results show that preventing repeat victimization requires a change in the orientation of the criminal justice system from an approach that is solely centered on perpetrators and evidence to a system that places safety, dignity, recovery, participation and the needs of victims as an integral part of the law enforcement process. Strengthening victim protection at the stages of investigation, prosecution, trial, providing restitution, assistance, identity protection, as well as inter-agency coordination are important instruments for building a criminal justice system that is responsive to victims.
Legal Certainty and Equality Before the Law under Article 28D of the 1945 Constitution in Indonesia's New Criminal Justice System Amalia Intan Tresna; Noval Arief Fradana
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.8.3.1116-1131

Abstract

The reform of Indonesian criminal law through Law No. 1 of 2023 has profound implications for Article 28D(1) of the 1945 Constitution, evaluating fair legal certainty and equality before the law.

Page 53 of 53 | Total Record : 524

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