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.
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<![CDATA[Effectiveness Of Investigations According To Act No. 23 Of 2004 On Domestic Violence Cases ]]>
<![CDATA[Aryani Nur Chamidah]]>;
<![CDATA[Ira Alia Maerani]]>
<![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.3.2.290-297
<![CDATA[This study aims to analyze more deeply the investigation of cases of Domestic Violence that occurred in Grobogan which until now has not been effective. The approach used is sociological juridical. Based on the analysis of the existing data, it was found that the implementation of the investigation in the case of Domestic Violence in Grobogan in its development could not be said to be effective. This is because there are still many families or households who do not know that domestic violence is no longer a family matter but has become a public matter, even a violation of human rights and threatens human life. Besides, there are still many law enforcement officers who are not familiar with the Domestic Violence Law. So that there are obstacles for the process of investigating domestic violence cases when victims report to the RPK (Special Service Room) located at the Regional Police Sergeant in each province in Indonesia. Many investigators have not yet carried out the legal service process for victims by carrying out protective procedures specifically stipulated by Act No. 23 of 2004. This has caused victims to withdraw or withdraw their reports and complaints. The legal facilities provided by the Protection Unit have not been implemented properly.]]>
<![CDATA[The Environmental Law Enforcement In The Crime Of Forest Damage ]]>
<![CDATA[Erlia Hendrasta]]>;
<![CDATA[Achmad Sulchan]]>
<![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.3.2.431-440
<![CDATA[This study aims to determine and analyze environmental law enforcement in criminal acts of forest destruction during the Covid-19 pandemic. The approach method used is normative juridical research. The results of the study show that although the Covid-19 pandemic period is also very influential, the law enforcement process must still be carried out. One of the policies adopted by using teleconference technology. Not all trials are held virtually, the judge chooses and determines which cases can be carried out via video conference. For cases that are easy to prove, such as narcotics arresting hands, carrying sharp weapons and others. But for cases such as cases of fraud, murder and others held face to face. Virtual hearings are more suitable for reading indictments or charges. Meanwhile, the examination of witnesses is carried out face-to-face.]]>
<![CDATA[The Criminal Law Enforcement Against Crime Of Carding In Electronic Transactions ]]>
<![CDATA[Cemban Galuh Sambodo]]>;
<![CDATA[Sri Endah Wahyuningsih]]>
<![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.3.2.240-247
<![CDATA[The approach method used in this research is normative juridical. This study uses a normative juridical research method using a literature study approach (library research) and statutory approach (statute approach) which in this case is related to Criminal Law Enforcement against Crime of Carding in Electronic Transactions. The data used in this study consists of primary data, secondary data, and tertiary data which will then be analyzed qualitatively. The results of this study indicate that the enforcement of criminal law against the crime of carding as a crime that uses technology is one type of crime that is transnational in nature, it is necessary to have rules that have broad jurisdiction, or an agreement with other countries is needed to be able to arrest and punish the perpetrators criminal acts in the jurisdiction of the State that has an international agreement with Indonesia and, law enforcement officers, adequate human resources are required, so the law enforcement officers can maximum to handle the criminal on the carding in electronical transactions.]]>
<![CDATA[Implementation Of Disclosure Of Bank Confidentiality In The Effort To Eradicate Money Laundering Crime ]]>
<![CDATA[Mohammad Fadarisman]]>;
<![CDATA[Bambang Tri Bawono]]>
<![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.3.2.390-398
<![CDATA[The purpose of this research is to identify and analyze the implementation of bank secrecy disclosure in an effort to eradicate money laundering in the construction of legal certainty and to know and analyze the obstacles faced in the implementation of bank secrecy disclosure in an effort to eradicate money laundering. ) in the perspective of law enforcement. This study uses a sociological juridical approach, which in this case relates to the role of the State Attorney in recovering state financial losses 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 expediency. The results of the study conclude that the eradication of money laundering in Indonesia will not be effective against law enforcers, both the police, prosecutors, and judges who investigate, prosecute, and examine cases of money laundering crimes, but the bank secrecy provisions as referred to in the Banking Law. Meanwhile, the obstacles faced by law enforcement officers in conducting investigations and investigations of money laundering practices are: 1) Weak provisions for bank secrecy, 2) Bank Indonesia secrecy with exceptions that are limitative and bureaucratic are considered as obstacles, 3) Law Enforcement Officials cannot know fully accurate financial information stored in the bank belonging to the suspect or defendant,]]>
<![CDATA[Role Of Public Prosecutors In Corruption Crime Prosecution ]]>
<![CDATA[Agung Nugroho Santoso]]>;
<![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.3.2.198-204
<![CDATA[The aims of this study are as follows: To identify and analyze the role of the Public Prosecutor in prosecuting defendants for corruption. To find out and analyze the efforts that will be made by the Public Prosecutor if the decision handed down by the Judge of the Corruption Court is not in accordance with the demands of the Public Prosecutor. The approach method used in this study is a sociological juridical research method. The specifications in this study are analytical descriptive. Based on the results of this study, the role of the Public Prosecutor in Prosecuting Defendants of Criminal Acts of Corruption, namely the public prosecutor in carrying out prosecutions for criminal acts of corruption has been sufficient to prove the fulfillment of the elements of criminal acts of corruption that were violated by the defendant as a result of the actions committed. Starting from the investigation, prosecution, legal action which then if it already has permanent legal force, the prosecutor's office as in making charges against criminal acts of corruption is regulated in Article 137, Article 139 and Article 143 of the Criminal Procedure Code as well as Act No. 16 of 2004 concerning the Attorney General's Office of the Republic of Indonesia. Indonesia, thus giving confidence to the judge that the defendant's actions had violated the criminal provisions he was charged. Examination of the Cassation Level for Legal Interests (Article 259 of the Criminal Procedure Code). Review of Court Decisions that have Permanent Legal Force (Article 263 of the Criminal Procedure Code).]]>
<![CDATA[A Legal Assistance In Criminal Action Trial Process ]]>
<![CDATA[Akhmad Mufasirin]]>;
<![CDATA[Aryani Witasari]]>
<![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.3.2.346-352
<![CDATA[The purpose of this study was to analyze the form of legal aid in the criminal trial process. To analyze the forms of legal assistance provided by the Legal Aid Institute for victims. To analyze the obstacles to legal aid in the criminal trial process and its solutions. The method used by the researcher is a sociological juridical approach and the specifications in this study include analytical descriptive. Based on the results of the research that the form of legal assistance in the criminal trial process is to accompany the suspect/defendant at every level of examination, especially the level of prosecution and trial of criminal acts, so that human rights are guaranteed, during and after the trial and seek diversion of criminal cases so that the perpetrators of criminal acts get their rights. The forms of legal assistance that can be provided to victims by LBH, in the criminal justice process, start from assistance carried out when the victim starts reporting the case to the police until the case is decided in court. Constraints: In practice, the provision of legal aid that has been applied is only limited to the provision of legal aid as mandated by Article 56 of the Criminal Procedure Code. In the appointment of legal counsel for the Defendant based on the mandate of Article 56 of the KUHAP in the event that the Defendant is incapacitated who is threatened with a sentence of five years or more who does not have his own legal advisor, Judges often make stipulations on the appointment of legal counsel without knowing in advance whether the defendant is economically capable or not. Solution: Provide information on Posbakum services for the Defendant in the District Court. In this case, this can be done by placing an information board on the Posbakum service in front of the District Court Detainee or by providing a pamphlet containing information on the Posbakum service in the detention room.]]>
<![CDATA[The Victims Rights & Conditions Protection On Trafficting Crime Through The Implementation Of Restitutions ]]>
<![CDATA[Sefin Anggi Riyantika]]>;
<![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.3.2.298-306
<![CDATA[This study aims to further analyze the protection of victims of the crime of human trafficking who have not been able to accommodate the rights and losses of victims. The approach method used is sociological juridical. Based on the analysis of the existing findings, it is clear that the implementation of the protection of the rights of victims of human trafficking has not been running effectively due to unclear restitution arrangements, both in terms of magnitude and related to criminal arrangements for replacement of restitution. The Crime of Human trafficking is a crime against humanity that can harm a person both materially and physically and mentally. In addition, it is necessary for victims of human trafficking to obtain protection of their rights, which in this case can be done through restitution. In practice, the amount of restitution is not clearly defined. In addition, the existence of a criminal substitute for compensation, which in this case includes restitution, makes the implementation of restitution difficult for victims of human trafficking. Such conditions clearly contradict the First Precepts, Second Precepts, and Fifth Precepts of Pancasila, as well as the Fourth Paragraph of the Preamble to the 1945 Constitution of the Republic of Indonesia as the purpose of the state, as well as Article 28D paragraph (1) and Article 28G Paragraph (1 ) and Paragraph (2) of the 1945 Constitution of the Republic of Indonesia as the basic foundation related to the human rights of victims of human trafficking, and as a legal ratio in law in Indonesia. ]]>
<![CDATA[The Effectiveness Of Death Execution On Narcotics Crime As Law Enforcement ]]>
<![CDATA[Tithos Briyan Pamungkas Sumanang]]>;
<![CDATA[Amin Purnawan]]>
<![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.3.2.441-452
<![CDATA[This study aims to review the Narcotics Law that applies in Indonesia, especially Act No. 35 of 2009 concerning Narcotics. In addition, this research is also expected to find out the obstacles and solutions in law enforcement efforts against narcotics criminals. The research approach method that will be used in the research is the juridical-sociological method. From the results of this study, it is concluded that theoretically the applicable narcotics law has been very effective in investigating narcotics criminals, and in practice the law is also very helpful in completing investigations against narcotics criminals in Indonesia and the execution of the death penalty is one of the hard law enforcement efforts to emphasize that narcotics abuse is a very dangerous thing. However, the problem of narcotics abuse is not only a national problem, it has become an international problem that cannot be solved only with existing regulations, professionals from law enforcement officials are also very much needed in cracking down on narcotics abuse, and the role of public awareness is also important, in order to stay away from narcotics abuse. ]]>
<![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[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.]]>
