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[Law Enforcement against Criminal Action with Fingerprint Evidence ]]>
<![CDATA[Wilddan Auliya]]>;
<![CDATA[Jawade Hafidz]]>
<![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.2.3.302-306
<![CDATA[The objectives of this study are 1) To study and analyze law enforcement against the perpetrator of the crime of theft using fingerprint evidence. 2) To analyze the factors that influence law enforcement against the perpetrators of criminal acts of theft. 3) To formulate should be obstacles and solutions in law enforcement against perpetrators of criminal acts of theft with fingerprint evidence in the future. This research method uses empirical juridical research. The results of the study concluded that: 1) Law enforcement against perpetrators of criminal acts of theft with fingerprint evidence uses 2 (two) means, namely: a) Non-penal means are law enforcement against criminal acts using the means non penal includes the use of social facilities to improve certain social conditions, but indirectly affects efforts to prevent crime. b) Penal facility Penal facility is the prevention of crime by using criminal law and for studying fingerprints or often referred to as evidence which is one part of assistive science used by the police in taking and studying fingerprints. 2) The factors that influence law enforcement on the eradication of criminal acts of theft consist of internal and external factors. Internal factors consist of social inequality, economic inequality, injustice. 3) Constraints and solutions in law enforcement against perpetrators of criminal acts of theft with fingerprint evidence a) the obstacles faced are legal aspects and aspects of investigators b) Solutions in law enforcement against perpetrators of criminal acts of theft with fingerprint evidence require a role/action Indonesian Police in law enforcement, especially in handling criminal acts of theft with fingerprint evidence (dactyloscopy), it can be seen that the police action in dealing with criminal acts of theft in the future is besides maintaining its procedures (Permanent Program), namely chain patrols, early detection, handling of TKP that were attacked by the Police, Polwiltabes and Central Java Regional Police/as well as case titles until the case is revealed.]]>
<![CDATA[The Traffic Impact Analysis on Province Roads as Requirement for Licensing Services Provision in Building Sector ]]>
<![CDATA[Mursito, Bambang]]>;
<![CDATA[Kusriyah, Sri]]>;
<![CDATA[Hafidz, Jawade]]>
<![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.3.4.719-728
<![CDATA[The purpose of this research is to study and analyze the impact of traffic on provincial roads as a permit requirement in the building sector by local governments based in Central Java and the solution efforts. The approach method used in this research is sociological juridical. The results of the study indicate that: the implementation of the traffic impact analysis on provincial roads encountered obstacles, among others, before the implementation of the traffic impact analysis, difficulties were the preparation of the required documents for the implementation of the traffic impact analysis, and in the implementation of the traffic impact analysis, including those related to supervision issues, not guided by the authority to analyze traffic impacts based on road status, do not understand the laws and regulations and related provisions, and lack of law enforcement.]]>
<![CDATA[Illegal Logging Criminal Investigation Process ]]>
<![CDATA[Dwi Agus Istiyono]]>
<![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.2.3.426-432
<![CDATA[This study aims to determine the investigation process of illegal logging in the Rembang Police jurisdiction and to find out the obstacles and the resolution of the handling of these obstacles. Illegal logging is basically an activity that begins with logging the forest to get wood, transportation, to the sale of wood which is not in accordance with the rules or is illegal because it does not have an official permit from the competent authority. The approach method used is juridical empirical, descriptive analytical research specifications. The data used are secondary data. Data collection methods are library research and field studies. The data analysis method uses qualitative analysis. As a tool of analysis, law enforcement theory, legal certainty theory and structural functional theory are used. The results showed that the investigation process for illegal logging in the Rembang Police jurisdiction was carried out based on KUHAP and Perkap Polri No. 16 of 2019. The basis for the investigation was a report from Perhutani that had secured the perpetrators and evidence. Then a Police Report is prepared, which is then carried out to carry out an investigation. Obstacles in the enforcement of criminal law on illegal logging in the Rembang Police jurisdiction are obstacles from the law, the return of case files from the public prosecutor, requests for old expert witnesses and lack of legal awareness from the public. Resolutions in dealing with obstacles to criminal law enforcement against illegal logging crimes in the Rembang Police jurisdiction are completing the investigation process in accordance with procedures, completing the case files according to the instructions of the public prosecutor, waiting for expert witnesses to be present or conducting examinations at the location of expert witnesses, and coordinating with Perhutani and Bhabinkamtimas for socialization to the community.]]>
<![CDATA[The Role of BPD in Preparation of APBD to Realize Village Autonomy ]]>
<![CDATA[Muhammad Ali Maskun]]>;
<![CDATA[Siti Rodhiyah Dwi Istinah]]>
<![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.2.4.557-564
<![CDATA[Destination from this research, namely: To know and analyze the procedures for the preparation of the Village Budget (APBD) in the framework of realizing village autonomy. To find out and analyze the role of the Village Consultative Body (BPD) in Budget Formulationm Village Income and Expenditure (APBD) to realize village autonomy. To find out and analyze obstacles and solutions to the role of the Village Consultative Body (BPD) in the Preparation of the Village Revenue and Expenditure Budget (APBD) to realize village autonomy. The method used by researchers is juridical sociological approach to law and the specifications in this research are descriptive. Based on the results of that research The Village Income and Expenditure Budget (APBD) Preparation Procedure in the framework of realizing village autonomy is as follows: The activity implementer submits activity budget proposals to the village secretary based on the stipulated RKP’s village; The Village Secretary prepares the Draft Village Regulation on APB’s village (RAPB’s village) and submits it to the Village Head. The role of the Village Consultative Body (BPD) in the Preparation of the Village Revenue and Expenditure Budget (APBD) to realize village autonomy, among others, is to convey the idea of managing village funds as a form of collecting community aspirations as determining priorities for implementing village fund management with consideration of the village head. The process of planning the Village Fund Budget management during village meetings, low community self-help, delays in disbursement of village funds, changes in nominal APB’s village funds received and a new Regent regulation. Efforts to overcome this problem include the Blerong village government with an agreement with the Village Consultative Body to disseminate information on the importance of community self-help, then use Village Original Income funds, and Fund Less Channels, whose implementation is in accordance with the provisions of the applicable legislation.]]>
<![CDATA[Effectiveness of Mandatory Labor Report in Company of Network for Provision of Company Data ]]>
<![CDATA[Jamaludin Al Ashari]]>;
<![CDATA[Arpangi Arpangi]]>
<![CDATA[ Law Development Journal Vol 3, No 1 (2021): March 2021 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.3.1.77-85
<![CDATA[This study aims to determine and analyze the effectiveness of the application of compulsory employment reports in networks (online) in supporting the provision of company data in districts/cities, especially in Salatiga. The research method used in this writing is sociological juridical. Based on the research, it is concluded that the enforcement of mandatory employment reports in companies in the network (online), in terms of reporting speed, helps the government and entrepreneurs or company administrators to carry out their reporting obligations, but in terms of quantity and quality of reporting, it is considered ineffective in supporting the provision of company data in the City of Salatiga.]]>
<![CDATA[Law Enforcement against the Criminal Action of Little Theft ]]>
<![CDATA[Ahmad Faisol]]>;
<![CDATA[Anis Mashdurohatun]]>
<![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.2.4.647-657
<![CDATA[This study aims to identify and describe law enforcement against minor theft crimes based on Perma No. 2 of 2012. This study uses a normative juridical approach, which is descriptive and analytical in nature. The data used is secondary data obtained through library research, which is then analyzed qualitatively. The result of this research is that law enforcement against minor theft crimes based on Perma No.2 of 2012 is carried out by judges by imposing fines from the general minimum limit to the specific maximum that has been adjusted, depending on the judge's discretion to consider the ability of the defendant and the economic conditions of the local community. There is an adjustment in the amount of the fine, then the problem of the value of the criminal penalty which is felt to be too low will be resolved, and the punishable fines that are threatened will be more in accordance with the development of the community. Imposing a fine for the perpetrator of minor theft will be more beneficial, both for the perpetrator, the community and the state itself, while for the victim, they will also receive justice.]]>
<![CDATA[The Recovery Of Assets Results Of Corruption Through Additional Criminal Payment Of Replacement Money ]]>
<![CDATA[Hery Purwanto]]>;
<![CDATA[Siti Ummu Adillah]]>
<![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.3.2.261-271
<![CDATA[This study aims to identify and examine efforts to recover assets resulting from criminal acts of corruption through additional criminal payments of replacement money. 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 efforts to recover assets resulting from criminal acts of corruption through additional criminal payments of replacement money based on the provisions of Article 18 paragraph (1) letter b of Act No. 31 of 1999 jo. Act No. 20 of 2001. The purpose of imposing additional penalties is to ensure that state financial losses caused by actions can be recovered to the state through the imposition of additional penalties for payment of compensation. The judge in deciding the amount of additional criminal payment of compensation to the defendant based on legal facts at trial that prove the amount of property obtained by the defendant from the crime of corruption.]]>
<![CDATA[Post-Divorce Custody of Children According to Positive and Islamic Laws ]]>
<![CDATA[Abd. Munim]]>
<![CDATA[ Law Development Journal Vol 2, No 1 (2020): March 2020 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.2.1.20-27
<![CDATA[The purpose of this study is to reveal and describe a more comprehensive understanding of post-divorce custody of children according to positive law and Islamic law.The research used in this research is a research in the category of literature (library research), while the approach method used in this research is the normative approach method, namely an approach based on the Koran and the Prophet's sunnah, including the interpretation of the verses. in the Koran, as well as a juridical approach, namely an approach based on legislation or disputes such as the compilation of Islamic law and jurisprudence. This research is descriptive-analytic, namely research that aims to develop data then analyzed and conclusions drawn.The results of the analysis show that in the Compilation of Islamic Law it is stated that the implementation of these obligations is a joint obligation between a husband (father) and wife (mother), because husband and wife are complementary parts, namely needing each other and mutual cooperation in living home life. the stairs and raising her kids. Therefore, a mother is considered more appropriate in carrying out the hadhanah because their female instincts are more suitable for caring for and educating children, and their patience in dealing with children's life problems is higher than that of a man. However, in terms of the cost of caring for the child, whatever form it takes, if it is really needed, it is the responsibility of the father that must be fulfilled.Keywords: custody; child; divorce; positive law; Islamic law]]>
<![CDATA[The Law Enforcement Against Traffic Violations By Minor Children ]]>
<![CDATA[Wahyu Handono]]>;
<![CDATA[Siti Rodhiyah Dwi Istinah]]>
<![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.3.2.407-415
<![CDATA[The purpose of this research is to identify and analyze law enforcement against traffic violations by minors at the Semarang Police Station and to identify and analyze the obstacles to law enforcement against traffic violations by minors at the Semarang Police Station. This study uses a sociological juridical approach, which in this case relates to law enforcement against traffic violations by minors at the Semarang Police Station, with descriptive analytical research specifications. 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 law enforcement against underage traffic violations is through preventive and repressive efforts. Conceptually, the handling of criminal acts in Indonesia is integrated, both within the internal scope of the National Police and within the scope that involves other components outside the National Police. In handling traffic violations by minors, problems arise because they are caused by a lack of legal awareness in the community, lack of traffic discipline, lack of legal socialization, inconsistent law enforcement and selective slashing, aspects of legal culture, and sanctions that are too light.]]>
<![CDATA[Law Enforcement Of Narcotics Laws ]]>
<![CDATA[Asep Iswahyudi Rachman]]>;
<![CDATA[Sri Kusriyah]]>
<![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.2.2.139-145
<![CDATA[This study aims to explore the law enforcement of the Republic of Indonesia Act No. 35 of 2009 on Narcotics by the Directorate of Drug Research at the Central Java Regional Police. An empirical juridical approach is used to study the phenomena that are the focus of research. Data collection techniques using data reduction, data presentation, triangulation and drawing conclusions. The results showed that the narcotics crime in the jurisdiction of the Central Java Regional Police was already at an unsettling stage and not only involved the adult group, but also touched teenagers and children. Law enforcement of Act No. 35 of 2009 concerning Narcotics" by the Central Java Regional Police's Narcotics Research Directorate is carried out by penal and non-penal. In the effort to enforce the law enforcement by means of the implementation of the Narcotics Law, there are still problems related to "defining the Chapter General Provisions of Act No. 35 of 2009 concerning" Narcotics. In defining "in the Chapter General Provisions of Act No. 35 of 2009 concerning Narcotics in its implementation it has an impact on the handling of narcotics addicts, narcotics abuse and victims of narcotics abuse with the dealers or dealers" of narcotics. The inhibiting factors in enforcing Act No. 35 of 2009 concerning Narcotics by" the Directorate of Drug Research at the Central Java Regional Police are the imbalance in the number of personnel / resources of the Central Java Regional Police's Narcotics Diresnarkoba with inadequate areas, facilities and infrastructure, especially technology-related facilities. (IT), and most importantly the low level of public awareness of the dangers of narcotics.]]>
