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Law Development Journal

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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 435 Documents

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The Implementation of Passive Removal Granting for Corruption Criminal Acts Kholis, Ahmad Nur; Suharto, Rakhmat Bowo
Law Development Journal Vol 3, No 4 (2021): December 2021
Publisher : Universitas Islam Sultan Agung

Conditional release is one of the rights of every convict who is serving a prison sentence in a Correctional Institution, including convicts of criminal acts of corruption. Since the issuance of Government Regulation Number 99 of 2012, the conditions that must be met in granting parole for convicts of criminal acts of corruption have been tightened on the basis of a sense of community justice. This study aims to examine and analyze the implementation of the provision of parole for convicts of criminal acts of corruption at the Class I Penitentiary in Semarang, as well as the obstacles faced in its implementation. This study uses an empirical juridical approach with analytical descriptive research methods. The data used are primary and secondary data obtained by interview, observation and literature methods. The results of the study concluded that the implementation of the provision of parole for convicts of criminal acts of corruption at the Class I Penitentiary in Semarang was carried out in accordance with the rules of Government Regulation No. 99 of 2012. In practice, not all convicts of criminal acts of corruption can obtain parole because the conditions are not met. Obstacles experienced in the implementation of the provision of parole for convicts of criminal acts of corruption include: convicts are unable to pay fines and/or replacement money, the implementation of social work assimilation must involve third parties as a condition for proposing parole and the existence of information as a justice collaborator from enforcement officers in another law. To overcome these obstacles, it can be done by coordinating and proposing leave before being released.

Criminal Threats against the Abuse of Bonded Zone Facilities Agus Widodo; Arpangi Arpangi
Law Development Journal Vol 2, No 4 (2020): December 2020
Publisher : Universitas Islam Sultan Agung

Bonded Zone is one form of facilities provided by the customs authority (Directorate General of Customs and Excise) to entrepreneurs in the form of a fiscal which aims to provide the maximum benefit for national economic growth as well as the usual form of treatment for international relations. Entrepreneurs using the Kawasan Beikat facility have the potential to abuse the facilities provided. This research is entitled Criminal Threats Against Misuse of Bonded Zone Facilities. The aim of this research is to find out whether the abuse of bonded zone facilities can be punished by crime and how the modes used by these 'naughty' businessmen are to divert or avoid import duties and taxes. The research method used is normative juridical. The conclusion of this research is that the entrepreneur who receives the facility can abuse the facility for the benefit of the entrepreneur or the interest of the individual so as to harm state revenue. Act No. 10 of 1995 concerning Customs in conjunction with Act No. 17 of 2006 concerning amendments to Act No. 10 of 1995 concerning Customs has regulated the criminal threats that can be imposed for the abuse of bonded zone facilities. The mode used is to reduce the actual / physical quantity of exported goods from the number of goods notified in the export document. It is as if the company has re-exported imported goods that have received facilities. But by them, not all of the imported goods are used for production / re-export but they are resold locally.

Taḥqiqul Manāth in Madzhab-Contextualization of Non-Muslim Status in Indonesia Muhammad Faeshol; Akhmad Khisni
Law Development Journal Vol 2, No 4 (2020): December 2020
Publisher : Universitas Islam Sultan Agung

The fatwa or decision of Bahtsul Masail which gave the status of non-Muslim Indonesians given the status of ḥarbi fī dzimmati tta'mīn was corrected by the Nahdlatul Ulama National Conference in Banjar City, West Java in 2019. Using a legal contextuality within the framework of the Imam Syafi'i school of thought, Nahdlatul Ulama 'stated Indonesian non-Muslims as non-Muslims are ordinary citizens who are the same as Muslim citizens and are not included in one of the four categories of kafirs in the schools with all the legal consequences. Contextualization as an effort to understand a law according to its context is carried out so that the law of fiqh madzhab in its application adapts to the changing and different context of reality. Ignorance of changes and differences in context will result in the application of the law of fiqh madzhab which violates the school itself.maḥall al-ḥukmi and ahl al-ḥukmi. The results of the National Conference as a correction to the different previous fatwas were carried out as a necessity so that the application of the law of fiqh madzhab was correct in its application. Not to change the law of the school of fiqh. The four categories of kafir remain in the madzhab as a kulli concept. But implementing it must be appropriatemaḥall al-ḥukmi her.And non-Muslims in Indonesia are not maḥall al-ḥukmi is right for the concept.

The Role of Governor as Vice of Central Government in Regional Regulatory Oversight Regional Tax & Regional Retribution Muhammad Rois
Law Development Journal Vol 3, No 1 (2021): March 2021
Publisher : Universitas Islam Sultan Agung

This study aims to discuss and analyze the role of the Governor as the Representative of the Central Government in the supervision of Regional Regulations on Regional Taxes and Levies in accordance with Act No. 23 of 2014 concerning Regional Government. The research method uses normative juridical. The results show that the mechanism carried out by the Governor as the Representative of the Central Government is the supervision of Regency Regional Regulations concerning Regional Taxes and Regional Retributions according to Act No. 23 of 2014 which prioritizes the evaluation aspects of the draft District/City Regional Regulations concerning Regional Taxes and Regional Levies before obtaining approval .

LAW DEVELOPMENT OF WAQF AL-NUQUD (CASH WAQF) TOWARDS ELECTRONIC WAQF (E-WAQF) BASED ON PUBLIC WELFARE Ong Argo Victoria; Russel Ong
Law Development Journal Vol 1, No 1 (2019): June 2019
Publisher : Universitas Islam Sultan Agung

The modern era is identified with the era of the digital society. Every human activity will be driven through a series of digital technology. For example everything is electronic through the identification number Electronic Identity Card (E-ID), Card payment toll road electronic (E-Toll), ATM, PIN (Personal Identification number), etc. all using the digital system. No exception waqf management innovation has also been happening in Islamic countries including Kuwait, Qatar, Emirates, Jordan, Saudi Arabia, Egypt, Turkey, Bangladesh, Malaysia, Singapore, and even Europe and America. Among the endowments with a paradigm shift arrangements progressive approach fairly fundamental law, among others, first, in the case of an asset in waqf no longer confined to immovable property, but also against movable property. Evidence used to reinforce this view, as formulated in Article 16 Paragraph (1) of Law No. 41 of 2004 on endowments, which reads “ treasure be in waqf is immovable and moving objects”. This article aims to make an overview on the developing of law on waqf al-nuqud towards electronic waqf (e-waqf) to realize the public welfare.Keywords: Law Development; Waqf Al-nuqud; E-Waqf; Welfare.

Juridical Analysis Of The Effectiveness Of Termination Of Prosecutions Based On Restorative Justice Oki Bogitama; Rakhmat Bowo Suharto
Law Development Journal Vol 3, No 2 (2021): June 2021
Publisher : Universitas Islam Sultan Agung

The purpose of this research is to find out and analyze the effectiveness of stopping prosecutions based on restorative justice. To find out and analyze the process of discontinuing prosecution for termination based on restorative justice in terms of the principles of restorative justice. The approach method used in this research is a sociological juridical method (Sociological Research).Based on the results of this study it was concluded that effectiveness of the termination of prosecution based on Restorative Justice is carried out by taking into account the interests of the victims and other protected legal interests; avoidance of negative stigma; avoidance of retaliation; community response and harmony; and propriety, decency, and public order. The process of discontinuing prosecution based on restorative justice has met the requirements of the principle of restorative justice, namely that the Public Prosecutor offers peace efforts to Victims and Suspects. The Public Prosecutor shall summon the Victim legally and appropriately by stating the reason for the summons. In the event that it is deemed necessary, peace efforts may involve the families of the Victim/Suspect, community leaders or representatives, and other related parties. The Public Prosecutor shall notify the aims and objectives as well as the rights and obligations of the Victims and Suspects in peace efforts, including the right to refuse peace efforts. In the event that the peace effort is accepted by the Victim and the Suspect, the peace process will be continued.

Teacher Certification Policy On State Elementary Schools Fahrurroji Sidik; Widayati Widayati
Law Development Journal Vol 2, No 2 (2020): June 2020
Publisher : Universitas Islam Sultan Agung

The purpose of this study was to determine how the teacher certification policy implementation process and how the certification affects the professionalism of teachers at Wanoja 01 Elementary School and to find out what are the constraints or inhibiting factors in the certification policy. This study uses a sociological juridical approach that uses descriptive research with a qualitative approach with the technique of determining informants using purposive techniques and is developed through the snowball technique. The results of this study indicate that the implementation of the teacher certification policy at Wanoja 01 Elementary School, Salem Sub-District is good and fulfills the six variables of the implementation of public policy models of Van Meter and Van Horn. Certification has a positive role in the level of professionalism of teachers at Wanoja 01 Elementary School, Salem Sub-District. From the results of its implementation, there are several obstacles or obstacles faced. Such as the delay in disbursing the teacher professional allowance and the effect of teacher certification that has not shown significant results for teacher effectiveness in improving quality and quality.

The Law Enforcement Of Rehabilitation Sanctions Against Narcotics Users Irsano Marthanova Erisky; Widayati Widayati
Law Development Journal Vol 3, No 2 (2021): June 2021
Publisher : Universitas Islam Sultan Agung

The purpose of this study is to identify and analyze the enforcement of rehabilitation sanctions against narcotics users at the Central Java Regional Police and to identify and analyze the obstacles in law enforcement of rehabilitation sanctions against narcotics users at the Central Java Regional Police. This study uses a sociological juridical approach, with descriptive analytical research specifications. The data used are primary and secondary data which will be analyzed qualitatively. The research problems were analyzed using the theory of justice and the theory of expediency. The results of the study conclude that looking at the criminal provisions of Article 127 paragraphs (2) and (3), it can be concluded that judges in deciding cases referred to in Article 127 paragraph (1) are required to pay attention to the articles that regulate rehabilitation provisions so that later addicts and victims Drug abusers can be rehabilitated. The obstacles that come from the government, it is stated that there are 5 (five) obstacles, namely: a) There has not been a special place for addicts and victims of narcotics abusers to rehabilitate, b) The problem of rehabilitation costs for convicts of abuse cases narcotics, c) There is no rehabilitation center appointed by the Government, d) There is a difference in information between the defendant, witnesses and the results of the criminalistic laboratory. e) An execution problem occurred.

Implementation of Labor Overtime Protection of PT Hwaseung Indonesia Metry Widya Pangestika; Arpangi Arpangi
Law Development Journal Vol 2, No 2 (2020): June 2020
Publisher : Universitas Islam Sultan Agung

This study is based on the legal problems of the workforce who work overtime hours at PT Hwaseung Indonesia. This research uses empirical juridical law research methods aimed at analyzing the implementation of legal protection of overtime work of PT Hwaseung Indonesia. Legal protection at PT HWI has not been fully implemented in accordance with Article 78 letter b of the Employment Law No.13 of 2003 that is, overtime work can be done a maximum of 3 hours in 1 day, and 14 hours in 1 week. Kepmen. No. 233 / MEN / 2003 allows its employees to work beyond the provisions of Law No. 13 In 2003, the original work was done according to the type and nature must be continuous. Although there are violations of overtime hours, the implementation of legal protection against workers beyond overtime has been done by PT. HWI, that is, by requesting the consent of workers before committing overtime and providing overtime wages. It is hoped that through this research will be found new ideas of thought that are useful for the Indonesian Ministry of Transport. Where the results of the research can be used as an indicator in conducting labor surveillance, in order to find ideas on how labor regulations play a greater role for the human rights of workers.

Police Discretion Policy In Handling Middle/Minor Crimes (Tipiring) Based On Justice Value Saptanti Lastari; Sri Kusriyah
Law Development Journal Vol 3, No 3 (2021): September 2021
Publisher : Universitas Islam Sultan Agung

The purpose of this study is to analyze the police discretionary policy in handling minor crimes (Tipiring) not based on the value of justice, analyze the constraints of the police discretionary policy in handling minor crimes (Tipiring) at this time and analyze the police discretionary policy in handling criminal acts (Tipiring) in the future. This study uses a sociological juridical approach, with analytical descriptive research methods. The data used are primary and secondary data which will be analyzed qualitatively. The research problem was analyzed using the theory of justice and the theory of the operation of law. The results of the study conclude that discretion is a police action that must be accounted for based on applicable laws and norms, police discretion is very vulnerable to irregularities and abuse so it needs to be given limits and supervision, so it can be said that it is not fair. Constraints on police discretionary policy in handling minor crimes consist of internal constraints and external constraints on the part of the police. The ideal policy of the Police's discretion in handling minor crimes (Tipiring) is: a) Not against a rule of law. b) In line with legal obligations that require an official action to be taken. c) The action must be appropriate and reasonable and included in the environment of his office, on appropriate considerations based on compelling circumstances, respecting human rights

Page 8 of 44 | Total Record : 435

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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

Abstract

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Abstract

Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

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

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

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