Law Development Journal
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.
Articles
435 Documents
<![CDATA[The Criminal Sanctions In The Object Transfer Crime On Fiduciary Guarantee By Debtor ]]>
<![CDATA[Drajat Prasetiyawan]]>;
<![CDATA[Sri Kusriyah]]>
<![CDATA[ Law Development Journal Vol 3, No 2 (2021): June 2021 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.3.2.248-260
<![CDATA[This study aims to determine and examine the criminal sanctions in the criminal act of transferring the object of fiduciary security by the debtor. This study uses a normative juridical approach, which is descriptive analysis. The data used is secondary data obtained through literature study, which is then analyzed qualitatively. The results of this study are that criminal sanctions in the criminal act of transferring the object of fiduciary security by debtors are regulated in Article 36 of Act No. 42 of 1999. Article 36 of Act No. 42 of 1999 has similarities with Article 372 of the Criminal Code regarding embezzlement. The provisions of Article 36 of Act No. 42 of 1999 contain a penalty of 2 (two) years and a maximum fine of IDR 50,000,000 (fifty million rupiah).]]>
<![CDATA[Verstek Divorce Case in the Perspective of Positive Law and Islamic Law ]]>
<![CDATA[A. Taufik Taufik]]>
<![CDATA[ Law Development Journal Vol 1, No 2 (2019): December 2019 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.1.2.90-98
<![CDATA[The research problem is that, in examining the verstek of the divorce case, the judge asked the plaintiff to prove the argument of the lawsuit with written evidence and / or witnesses, even though the verstek provisions did not regulate that. What is the legal basis of evidence regarding the subject matter in verstek and why did the defendant choose not to attend the trial and how is the verzet examination of divorce cases in court. how to study literature. While the data analysis method used is descriptive normative, that is, the method used to describe the norms on which the judge accepts, examine and resolve cases that emphasize the aspect of the prevailing legislation. Based on the analysis, it can be seen that the reason the judge ordered proof is: In the case of the verstek case of divorce cases, the principle of Lex Specialis Derogat Lex Generali is applied, therefore divorce cases are an exception to the HIR provisions. Because proof can show more of a legal function in providing a sense of justice and protection to society. Proof is useful to know the truth of the plaintiff's claim whether the lawsuit has legal grounds and does not violate rights. The formulation of Article 125 paragraph (1) HIR does not contain the words 'must', but instead the word 'accepted' is used.Apart from basing it on positive legal provisions, in the version of divorce cases, the panel of judges also based on the doctrine in the Fiqh Books in the form of syar'iyah evidence. In a divorce case what is sought is material truth, not mere formal truth. It can be seen from the verdicts in divorce cases both recognized and in the verstek verdict, still undergoing a proving process. Both positive law and Islamic law see the need for proof in a verdict from a divorce case.Keywords : Verstek; Divorce Case; Positive Law; Islamic law.]]>
<![CDATA[Implementation Of Restorative Justice In Traffic Accident Settlement ]]>
<![CDATA[Indra Jaya Syafputra]]>;
<![CDATA[Maryanto Maryanto]]>;
<![CDATA[Jawade Hafidz]]>
<![CDATA[ Law Development Journal Vol 3, No 2 (2021): June 2021 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.3.2.399-406
<![CDATA[This study aims to determine and analyze the implementation of restorative justice in resolving traffic accident cases in the jurisdiction of the Rembang Police and the obstacles that arise in the implementation of restorative justice in resolving traffic accident cases in the jurisdiction of the Rembang Police and their solutions. The approach method used is sociological juridical, descriptive analytical research specifications, types and sources of data using primary and secondary data, data collection methods are field studies and literature studies, while the data analysis method uses qualitative analysis. The results of the study indicate that the implementation of restorative justice in resolving traffic accident cases in the jurisdiction of the Rembang Police is aimed at justice by referring to the Criminal Procedure Code, the LLAJ Law, the Police Law, and the National Police Perkap Number 6 of 2019. In its application there are obstacles, namely the lack of legal awareness of community and intervention from third parties.]]>
<![CDATA[Legal Protection For Parties In Economic Transactions Through Instagram ]]>
<![CDATA[Anita Afrelia]]>;
<![CDATA[Lathifah Hanim]]>
<![CDATA[ Law Development Journal Vol 2, No 2 (2020): June 2020 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.2.2.129-138
<![CDATA[Economic online has the function of integration of marketing, implementation of E-Commerce strategies, the main purpose of increasing the number of sales. The formulation of the problem in this thesis research are: 1) How is the validity of economic transactions through Instagram according to Act No. 19 of 2016 concerning Information and Electronic Transactions? 2) How is the legal protection for the parties in economic transactions through social media Instagram according to Act No. 19 of 2016 concerning Electronic Information and Transactions? The approach method used is Normative Juridical approach. From the results of this study, 1) The validity of economic transactions through Instagram according to Act No. 19 of 2016 concerning Information and Electronic Transactions can be declared valid and becomes the base of the implementation of a contract for both parties. 2) Legal protection for the parties in economic transactions through social media Instagram according to Act No. 19 of 2016 concerning Information and Electronic Transactions that against buyers who are injured in a sale and purchase dispute consists of litigation and non-litigation.]]>
<![CDATA[Criminal Aspects For Legal Processing On Persons Abuse Of Illegible Drugs ]]>
<![CDATA[Yanto Mulyanto P]]>;
<![CDATA[Achmad Sulchan]]>
<![CDATA[ Law Development Journal Vol 3, No 3 (2021): September 2021 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.3.3.530-537
<![CDATA[The purpose of this study is to find out, examine and analyze the implications of the criminal aspect in the implementation of the Health Law on perpetrators of drug abuse. This research uses normative juridical method. Based on the research, it can be concluded that in the application of the criminal act of distributing and abusing pharmaceutical preparations without a distribution permit as regulated in Article 197 of Act No. 36 of 2009 concerning Health, the formulation contained in this article is anyone who intentionally produces or circulate pharmaceutical preparations and/or medical devices that do not have a distribution permit as referred to in Article 106 paragraph (1), namely pharmaceutical preparations and medical devices can only be circulated after obtaining a distribution permit. Accountability in criminal law is carried out on the basis of error and some is carried out without having to prove the existence of the error (strict liability Errors can be divided into two types, namely intentional and negligence. Therefore, it is necessary to form a general health policy that can be implemented by all parties and at the same time can answer the challenges of the era of globalization and with the increasing complexity of health problems in a new Health Law to replace Law Number 23 of 1992 concerning Health with Law No. Law Number 36 Year 2009 concerning Health.]]>
<![CDATA[Urgency of Suspect Determining In the Investigation Process on Human Rights Perspective ]]>
<![CDATA[Suwarno Suwarno]]>;
<![CDATA[Sri Endah Wahyuningsih]]>
<![CDATA[ Law Development Journal Vol 2, No 2 (2020): June 2020 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.2.2.241-248
<![CDATA[Protection of suspect rights related to human rights protection. In the Criminal Procedure Code Investigators are given the authority for forced attempts in the form of arrest, detention, confiscation and so on. If a person is named a suspect, he is confronted by the investigator whose job it is to find, collect evidence about the criminal act that occurred. The purpose of this study 1. To analyze the determination of suspects 2. To analyze the obstacles faced by law enforcers and their solutions. The research methods used are 1. Approach method 2. Type or research specifications 3. Types of data and data sources 4. Data collection methods 5. Data analysis methods. And the conclusions in this study are 1. The implementation of the determination of the suspect, that the legality of the determination of the suspect in the investigation process can be recognized if the rights of the suspect are fulfilled. a. The investigator can only determine the status of a suspect after the results of the investigation have obtained sufficient initial evidence of at least 2 (two) types of evidence. b. to determine sufficient preliminary evidence by means of a case title. 2. Constraints faced by law enforcers related to the determination of suspects and the solutions are a. suspects often provide complicated statements in front of investigators and removing evidence will take time to reveal the criminal acts committed. b. the summons of witnesses, victims and experts are often not on time c. Lack of budget support. The solution to these constraints is a. in the future, operational funds for witnesses who are summoned are needed to provide information so as to facilitate the investigation process. b. the need for regulations that limit the length of time a person has the status of a suspect to avoid potential human rights violations and to provide legal certainty for justice seekers.]]>
<![CDATA[Child Position Analysis As A Criminal Actor Of Homosexual In Juvenile Criminal Justice System ]]>
<![CDATA[Cucuk Kristiono]]>;
<![CDATA[Rakhmat Bowo Suharto]]>
<![CDATA[ Law Development Journal Vol 3, No 3 (2021): September 2021 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.3.3.666-674
<![CDATA[The purpose of this study is to formulate government policies in handling children who commit crimes through the Juvenile Criminal Justice System. This study uses a normative juridical method with a library study data collection method. The results of this study indicate that the formulation policy of the Garut Police Criminal Law enforcement through the Garut District Court Decision Number 10/Pen.Pid.Sus-Anak/2018/PN Grt against children as perpetrators of homosexual crimes turns out to be treated the same as children who commit other conventional crimes such as theft. , persecution, fights and others. The decision from the court is that rehabilitation should be carried out, the handling of which is only handed over to Islamic boarding schools, meaning that there is no special treatment in rehabilitating children who commit homosexual crimes. Whereas homosexual perpetrators are deviant behavior and must get special treatment especially if they are still children with the hope of recovering, of course it is greater in the form of integrated treatment not only from the spiritual aspect, there must be treatment from the medical and psychological aspects, so that the goals of rehabilitation will be more maximally achieved. . Suggestions related to the findings of this research is the need to include articles in Act No. 11 of 2012 to regulate more specifically in the implementation of the rehabilitation of children as perpetrators of homosexual crimes.]]>
<![CDATA[Synergy of Potential Sources of Social Welfare and District Social Welfare Workers in Handling People with Social Welfare Problems ]]>
<![CDATA[Ahmadi Ahmadi]]>;
<![CDATA[Rachmat Bowo Suharto]]>
<![CDATA[ Law Development Journal Vol 2, No 3 (2020): September 2020 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.2.3.368-382
<![CDATA[This study aims to determine and analyze the causes. What is meant by social problems and who are people with social welfare problems (PMKS) and potential sources of social welfare (PSKS)? And how can social welfare be realized in the midst of society? This research method used is empirical juridical method. Sources of data use primary and secondary data. Data collection methods are carried out by interviews and literature techniques through literature studies by reading, studying books and related laws and regulations. The problems of this research were analyzed with the theory of democracy, theory of elections and theory of social problems. This result research shows that in overcoming social problems is constrained by the low community participation to participate in handling social problems in the field. Therefore the role of the government is to be able to develop awareness in the community so that the nature of social volunteerism that exists in the community can arise so that the character to help others through individuals and communities and organizations can emerge. If only relying on the government's helping hand through the social programs disbursed, it has not been able to solve or close the gap in social problems that arise in the community. Furthermore, the government must be able to match the existing potentials in the community so that it can be used as a core force in building a network of social pillars in the community.]]>
<![CDATA[The Community Participation in the Implementation of Diversion at Investigation Level ]]>
<![CDATA[Rahmawati, Dian]]>;
<![CDATA[Bawono, Bambang Tri]]>
<![CDATA[ Law Development Journal Vol 3, No 4 (2021): December 2021 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.3.4.808-818
<![CDATA[This study aims to determine the role of the community in the implementation of diversion at the level of investigation that is important as a way of resolving cases of children who are in conflict with the law. This research was carried out in the city of Semarang, Central Java by selecting institutions relevant to the problem in this journal, namely the Class I Penitentiary Semarang by using a research method in the form of the Sociological Juridical method. The research specifications used were descriptive analytical. The data sources were obtained from primary data sources and secondary data with data collection carried out by means of field studies by conducting interviews supported by literature studies. From the research conducted, the authors get the following results, The role of community members in implementing diversion is very important because apart from being mandated by Act No. 11 of 2012, community members also implement Community Based Corrections (CBC); community participation can increase the effectiveness and efficiency of the settlement of children's cases; Community participation in the implementation of diversion is an effort to protect children and protect the community itself.]]>
<![CDATA[The Criminal Law Policies in Law Enforcement of Local Regulations on Smoking-Free Areas ]]>
<![CDATA[Dian Pramythasari Utamawati]]>;
<![CDATA[Gunarto Gunarto]]>
<![CDATA[ Law Development Journal Vol 2, No 4 (2020): December 2020 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.2.4.511-518
<![CDATA[The purpose of this research is as follows: To know and analyze criminal law policy in enforcing local regulations on No Smoking Areas. To find out and analyze the implementation in enforcement of local regulations on No Smoking Areas. To find out and analyzebarriers to implementing the enforcement of local regulations on No Smoking Areas and their solutions. This study uses an empirical juridical approach, with descriptive analytical research specifications. The data used in this study are secondary data obtained through library research and primary data which are then analyzed qualitatively. The result of this research is that the purpose of this policy is to provide human rights for citizens to obtain a clean, healthy and safe environment. Implementation in the Enforcement of Regional Regulations on No Smoking Areas is still not optimal as seen from the previous discussion there are still individuals or employees who have not complied with the regional regulations for no smoking areas. Barriers: a. A designated smoking area that is rarely used. b. Lack of employee awareness of comfort and health. c. There are still employees who have not complied with these regulations. The solution: a. The person in charge again provides outreach on the No Smoking Area Regional Regulation to employees. b. Provide sanctions in the form of fines. c. Improve communication about smoking rooms. d. Raise employees' awareness of the benefits of smoke-free areas.]]>
