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Law Development Journal

ldj
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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 26 Documents

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Search results for , issue "Vol 2, No 2 (2020): June 2020" : 26 Documents clear

Functionalization Of Corruption Laws In Criminal Judgment Rules Amir Akbar Nurul Qomar; Amin Purnawan
Law Development Journal Vol 2, No 2 (2020): June 2020
Publisher : Universitas Islam Sultan Agung

The purpose of this research is to review and analyze the functionalization of the Corruption Law in the decisions of criminal justice judges. The research method used is Sociological juridical method with descriptive research specifications. The data used for this research are primary and secondary data taken by field observation, interview, and literature study methods. The conclusion from the results of the research is that the decision of the Semarang District Court Number 25 / Pid.Sus-TPK / 2019 / PN Smg provides an overview of the judicial process which is at the court stage as a form of functionalization of the Corruption Law which spells out the flow of the trial in cases of criminal corruption collectively by a Head of District in Wonogiri Regency. In the decision taking into account the provisions of Article 12 letter e of Act No. 31 of 1999 in conjunction with Act No. 20 of 2001 concerning Eradication of Corruption.

Law Enforcement In The Judge's Verdict Against Narcotics Abuse For Yourself Puji Andrayani; Rakhmat Bowo Suharto
Law Development Journal Vol 2, No 2 (2020): June 2020
Publisher : Universitas Islam Sultan Agung

The crime of narcotics abuse is an extraordinary crime, because the impact is very detrimental not only to the user but also the community, so that every crime must be punished, and the law in this case Act No. 35 of 2009 must be upheld. This study aims to identify and describe law enforcement in the judge's decision on the crime of narcotics abusers for oneself from a justice perspective. This study uses a normative juridical approach to analysis descriptive. The data used is secondary data obtained through library research, which is then analyzed qualitatively. The results of this study are that law enforcement in the judge's decision on the crime of narcotics abusers for themselves in the perspective of justice is based on the judge's consideration in determining the severity or lightness of the punishment imposed on the defendant according to the principle of balance between guilt and illegal acts. Narcotics abusers themselves must be viewed as victims, so they must be rehabilitated. Supreme Court Circular No. 4/2010 is used as a reference for judges to determine whether a person is an individual abuser or not. Narcotics abusers themselves must be viewed as victims, so they must be rehabilitated. Supreme Court Circular No. 4/2010 is used as a reference for judges to determine whether a person is an individual abuser or not. Narcotics abusers themselves must be viewed as victims, so they must be rehabilitated. Supreme Court Circular No. 4/2010 is used as a reference for judges to determine whether a person is an individual abuser or not.

Investigation Process on Criminal Actions of Corruption of Village Fund Siswo De Cuellar Tarigan; Sukarmi Sukarmi
Law Development Journal Vol 2, No 2 (2020): June 2020
Publisher : Universitas Islam Sultan Agung

The purpose of this research To analyze processes investigation of the corruption crime of village funds in Tasikmalaya Regency, which encountered in investigating the corruption crime of village funds in Tasikmalaya Regency, To analyze what solutions investigators took in overcoming obstacles encountered in investigating criminal acts of village fund corruption in Tasikmalaya Regency. The approach method used is juridical normative and juridical socio-logical method, the specifications in the research are descriptive analytical, population and sampling methods are all objects or all symptoms or all events or all units to be studied, data collection techniques use literature study and interviews, data analysis used is qualitative. Research results: Proses investigating the corruption crime of village funds in Tasikmalaya Regency with the existence of a report, the Police carried out a series of investigative actions to find and find an event that was suspected of being a criminal act of corruption in order to determine whether or not an investigation could be carried out in a manner regulated by law. After an investigation is carried out and a criminal act of village fund corruption is found, it is upgraded to an investigation, namely a series of actions by the investigator in terms and according to the manner stipulated in law to seek and collect evidence, which with this evidence makes clear about the criminal act of fund corruption, village that happened and in order to find the suspect. The investigation process extended detention, searches and confiscations. Obstacles faced in carrying out criminal investigations at the Tasikmalaya Police: The suspect did not provide clear information, the witness's statement did not support the implementation of the investigation and the evidence to be submitted was incomplete. Efforts made in overcoming obstacles are as follows: The suspect must provide honest and clear information to the investigator regarding the sequence of events and objects of the criminal act of corruption and where it can be used as evidence to reveal criminal acts of corruption in village funds, Witnesses must be able to cooperate with investigators in provide honest and complete information, making it easier for investigators to uncover criminal acts of village fund corruption, Investigators must be able to find and collect evidence, at least 2 (two) pieces of evidence.

Criminal Liability against Children as Perpetrators of Theft Iswantoro Iswantoro; Maryanto Maryanto
Law Development Journal Vol 2, No 2 (2020): June 2020
Publisher : Universitas Islam Sultan Agung

The objectives of this study are: 1. To analyze criminal responsibility towards children as perpetrators of criminal acts of theft in the jurisdiction of the Pati District Court. 2. To analyze constraints in the implementation of criminal responsibility against children as perpetrators of criminal acts of theft in the jurisdiction of the Pati District Court and their solutions. The research method used is juridical empirical. Research results and discussion The background of the crime of theft committed by children is various factors, including; lack of parental attention and supervision. The occurrence of the criminal act of theft, not only raises legal problems but also creates economic problems and social problems in the community, because it is an act that is detrimental to the state and to this act the state reacts with punishment as the last resort (Ultimum Remedium)Accountability for the verdict of case Number: 5 / Pid.Sus-Anak / 2017 / PN Pati, with the defendant WES Known as Wn Bin S having been legally and convincingly proven guilty of committing the crime of "Theft in Aggravating Circumstances"; as regulated and punishable under Article 363 paragraph (1) 4 of the Criminal Code as in the single indictment, imposes a crime against the child of WES Known as W Bin S, in the form of imprisonment for 7 (seven) months at the LPKA (Special Development Institution for Children), arrest and detention that has been served by the child is fully deducted from the sentence imposed, so that the child remains detained, by charging the child a case fee of IDR 2,500 (two thousand and five hundred rupiah).

Islamic Views on Money Politic Practices in the Constitutional Election of 2019 Karto Karto; Akhmad Khisni
Law Development Journal Vol 2, No 2 (2020): June 2020
Publisher : Universitas Islam Sultan Agung

The purpose of this research is to find out and analyze the reasons for the still widespread practice of money politics in the 2019 simultaneous elections. Research methods this uses a normative juridical method, in the form of legal materials written in documents. Which then analyzed qualitatively using the theory of legal certainty and law enforcement. The results of this study are: First, the reasons for the practice of money politics in the 2019 simultaneous elections are known. Second, the view of Islamic law in tackling the practice of money politics/Riswah in the upcoming simultaneous elections. The conclusion in this paper, the causes of money politics include: weak faith, low political education, economic/poverty factors, weak laws, cultural habits and traditions, weak supervision, low education, the last factor is distrust of public figures. View of Islamic Law. Returning to the teachings of Allah is the single most effective way to prevent the practice of money politics, among others, Faith in Allah, people who have faith will be afraid to commit prohibited actions such as bribery, corruption and others, then act, Honest, trustworthy and istiqomah, people. who are able to embody this behavior then the path will be straight, fair, blessed, grateful and qona'ah, if you really return to the concept of Islam, you will not dare to practice money politics.

Legal Protection For Parties In Economic Transactions Through Instagram Anita Afrelia; Lathifah Hanim
Law Development Journal Vol 2, No 2 (2020): June 2020
Publisher : Universitas Islam Sultan Agung

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.

Urgency of Suspect Determining In the Investigation Process on Human Rights Perspective Suwarno Suwarno; Sri Endah Wahyuningsih
Law Development Journal Vol 2, No 2 (2020): June 2020
Publisher : Universitas Islam Sultan Agung

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.

Preparation Of Village Government Personnel Implement Village Autonomy Jehan Fuliza Ahmad; Sri Kusriyah
Law Development Journal Vol 2, No 2 (2020): June 2020
Publisher : Universitas Islam Sultan Agung

This research raises problems regarding the readiness of village government officials in implementing village autonomy, to find out what obstacles they face in its implementation and solutions in dealing with problems faced. This study used a sociological juridical research method with descriptive research specifications. This research was conducted by direct research in Galih Village. With data sources derived from primary data and secondary data, and data analysis used is descriptive qualitative data collection techniques by means of interviews and document study. This study conducted interviews at the Galih Village Hall Office. From this research, it was found that the village government apparatus of Galih played a role as maker and implementer of autonomy in Galih Village, including making work programs that were taken from the aspirations of the village community. In implementing autonomy in the village, the problems of human resources and operational funds are obstacles experienced by the Galih Village government apparatus, with these problems the Galih Village government apparatus conducts training to add insight to village officials and manage village finances for unexpected events. From this research it can be concluded that the implementation of autonomy in Galih Village has been running according to Act No. 6 of 2014.

Criminal Threats Against Personnel Control Of Land Without Rights Arif Nurcahyono; Amin Purnawan
Law Development Journal Vol 2, No 2 (2020): June 2020
Publisher : Universitas Islam Sultan Agung

The objectives of this research are 1) to find out and explain what is meant by the criminal act of control of land without a power permit or entitled and its elements, 2) Know and explain whether or not the criminal threat is relevant to the perpetrator in accordance with current developments. The results of this study concluded that: 1) Article 6 paragraph (1) letter a of the PRP Act No. 51 of 1960. The criminal act of using land without a permit with the right or legal proxy in the Criminal Code basically contains the following elements: as stellionate. b) It is known that there are other persons entitled to the land; The crime in this article is called Stellionate crime, which means "embezzlement of rights over immovable property", c) Failure to inform others that the land has been used as land for debt or has been mortgaged. 2) Factors Occurring Criminal Actions of Land Tenure Without Rights (a) Internal Factors 1) Educational Factors, 2) Individual Factors, (b) External Factors 1) Economic Factors 2) Environmental Factors, 3) Law Enforcement Factors, 4) Global Development Factors (Technology). 3) Based on the Supreme Court Decision Number 73 / Pid / 2015 / PT SMG has fulfilled the elements of error, the ability to be responsible, there is no excuse for forgiveness, against the law, and the manifestation of behavior and actions of subjective elements in error in practice is only aimed at everyone (whoever ) Article 6 paragraph (1) Act No. 51 Prp Of 1960 and no criminal threat against a legal entity or a corporation is regulated.

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.

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Contact Name
Yusuf Wisnu Mandaya

Contact Email
wisnumandaya@unissula.ac.id

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+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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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