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[Legal Analysis of the Participation of the Prosecutor Agency in Eradication of Narcotics Crime ]]>
<![CDATA[Henry Elenmoris Tewernussa]]>;
<![CDATA[Arpangi Arpangi]]>;
<![CDATA[Rakhmat Bowo Suharto]]>
<![CDATA[ Law Development Journal Vol 4, No 3 (2022): September 2022 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.4.3.446-453
<![CDATA[The purpose of this study is to examine and analyze the juridical implications of the role of the Prosecutor's Office in the eradication of narcotics. In this paper, the writer uses the normative juridical method with the specifications of analytical descriptive writing. Article 1 paragraph (3) of Act No. 16 of 2004 concerning the Prosecutor's Office of the Republic of Indonesia states that the action of the public prosecutor is to delegate the case to the competent district court in matters and according to the method stipulated in the criminal procedure law with a request to be examined and decided by a judge at court. The public prosecutor is a prosecutor who is authorized by law to carry out prosecutions and carry out judges' decisions. A prosecutor at the High Prosecutor's Office or at the Attorney General's Office can sue a person if he or she is first appointed to the District Attorney's Office in whose jurisdiction the offense is committed.]]>
<![CDATA[The Legal Analysis of Age Limitations of Child Victims on Criminal Actions in Justice Perspective ]]>
<![CDATA[Sri Tatmala Wahanani]]>;
<![CDATA[Ira Alia Maerani]]>;
<![CDATA[Siti Ummu Adillah]]>
<![CDATA[ Law Development Journal Vol 4, No 3 (2022): September 2022 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.4.3.416-422
<![CDATA[The purpose of this study was to determine and analyze the impact of changes in the age limit of child victims, provisions for the age limit of child victims in Islamic law and age limits for victims of crimes of decency with justice. The approach method in this study uses a doctrinal research method (juridical normative) and a legal psychological approach method, with a descriptive analytical research specification. In collecting data used literature study method with qualitative data analysis. From the results of the study, it was concluded that the change in the age limit of child victims in positive law in Indonesia in 2002 from 15 (fifteen) to 18 (eighteen) years had an impact on increasing the number of cases of decency crimes. Even criminal acts of decency are dominated on the basis of reports from the parents of the victim's child who do not approve of the courtship (consensual) relationship between the victim's child and the perpetrator of the crime of decency. This has implications for the conscience of justice for law enforcement officers to demand or make decisions against the perpetrators, there is a sense of injustice, there is a sense of inadequacy when they have to demand or impose punishment, because actually the crime was also desired by the victim. So for the sake of realizing justice, the age of the child victim of 18 (eighteen) years needs to be reconsidered for revision or change.]]>
<![CDATA[The Reality of the Criminal Justice System in Independence of Law Enforcement Based on Pancasila Law System ]]>
<![CDATA[Lindu Aji Saputro]]>;
<![CDATA[Siti Rodhiyah Dwi Istinah]]>;
<![CDATA[Siti Ummu Adillah]]>
<![CDATA[ Law Development Journal Vol 4, No 3 (2022): September 2022 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.4.3.364-372
<![CDATA[The purpose of this research is to find out how is the Independence of the Criminal Justice System by the law enforcement sub-system and how is the Reconstruction of the Independence of the Criminal Justice System. This research approach uses normative juridical. Based on the research, it is concluded that the independence of the National Police mainly lies in the implementation of "police discretion", which unfortunately has not been adequately accommodated in the provisions of the applicable laws and regulations. This resulted in the face of the Police solely as an organization whose main task is to protect and serve the community. Meanwhile, the performance of the National Police as an effective, efficient, fast and measurable crime eradication organization has not been accommodated in the existing police regulations.]]>
<![CDATA[An Investigator's Discretion in State Assets Confiscation Criminal Action Case of Corruption ]]>
<![CDATA[Adi Wiratmoko]]>;
<![CDATA[Amin Purnawan]]>;
<![CDATA[Siti Ummu Adillah]]>
<![CDATA[ Law Development Journal Vol 4, No 3 (2022): September 2022 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.4.3.507-517
<![CDATA[This research aims to discuss the concept of investigators' discretionary power in applying their powers and authorities in confiscation of state assets and shifting the terms of discretion from Act No. 14 of 2014 concerning Government Administration to Act No. 11 of 2022 concerning Job Creation. This discussion aims to provide clarity on the concept of discretionary power of investigators in confiscation of state assets which is still controversial from various aspects so that the concept of discretionary power is not only acceptable in terms of power, but also legally and morally/ethically acceptable. This writing uses a doctrinal (juridical-normative) approach, namely research on criminal law norms contained in Indonesian criminal legislation. Based on the results of the study, it was concluded that in principle the application of the investigator's discretionary power to confiscate state assets in corruption cases is a must because the spirit of eradicating corruption is to restore lost state assets. This discretionary power must also be balanced with improving the quality and integrity of investigators, in particular.]]>
<![CDATA[The Criminological Ideas in the Criminal Enforcement of Illegal Logging ]]>
<![CDATA[Dodyx Bremiardika]]>;
<![CDATA[Rakhmat Bowo Suharto]]>;
<![CDATA[R. Sugiharto Sugiharto]]>
<![CDATA[ Law Development Journal Vol 4, No 3 (2022): September 2022 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.4.3.454-460
<![CDATA[The purpose of this paper is to examine and analyze the Criminology review of the factors that cause the occurrence of illegal logging crimes. In this paper, the author uses a normative juridical method. In the conclusion of the discussion that the factors of the occurrence of illegal logging in the perspective of criminology, namely first, the legal factor itself, the better a legal regulation, the more likely it is to enforce it. Both factors are law enforcement, law enforcement is strongly influenced by law enforcement officials. If a regulation is good but the quality and quantity of law enforcement apparatus is low, then the desired law will not be realized. Third, cultural factors play an important role in the occurrence of illegal logging. Illegal logging perpetrators commit these crimes because there are cultural demands that require them. Indonesia has hundreds of tribes and cultures in which the interior is very diverse. Fourth, Community factors can also affect law enforcement itself, because law enforcement comes from the community and aims to achieve peace in society. In this case what is important is the legal awareness of the community, the higher the legal awareness of the community, the better law enforcement.]]>
<![CDATA[The Policy of the Prosecutor's Authority in Termination of Prosecutions based on Restorative Justice in Criminal Justice System In Indonesia ]]>
<![CDATA[Laksamana Bagas Dewandaru]]>;
<![CDATA[Jawade Hafidz]]>;
<![CDATA[Latifah Hanim]]>
<![CDATA[ Law Development Journal Vol 4, No 3 (2022): September 2022 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.4.3.403-415
<![CDATA[This study aims to determine the policy of the prosecutor's authority in terminating prosecution based on restorative justice in the criminal justice system, namely based on the principle of opportunity, namely the Prosecutor's Office is the only State Institution controlling cases or has the authority to continue or not file cases to the Court based on the provisions of the Act. This authority is implied in the form of the Attorney General's Regulation Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice. The approach method used is normative juridical. Specifications are descriptive analytical. The type of data is secondary data, divided into legal materials derived from law and legal science. The method of data collection through literature study and interviews with the data analysis method is qualitative analysis. The Prosecutor's Law is included in attribution, namely the granting of government authority by lawmakers to government organs. In Islamic criminal theory, the authority to stop prosecution based on restorative justice is included as special prevention and according to the history of Islamic development, it is included in the rehabilitation of the criminal. In the research conducted by the researcher, it was found that there were obstacles in stopping prosecution based on restorative justice at the Banggai District Prosecutor's Office, namely based on the decree of the Banggai District Attorney Number B-748/P.2.11/Eoh.2/11/2021, namely the distance traveled by the parties involved. The case with the Banggai District Prosecutor's Office is quite far away, with the condition of the road infrastructure being unfavorable. The crime committed is domestic violence which makes it difficult for peaceful efforts to be carried out, so that the time allotted is very limited. If drawn from the theory of law enforcement, these obstacles are included in the legal culture and legal substance.]]>
<![CDATA[The Efforts to Implement Diversion to Realize Restorative Justice for Children in Conflict with the Law in the Juvenile Criminal Justice System ]]>
<![CDATA[Hendra Wahyudi]]>;
<![CDATA[Umar Ma'ruf]]>;
<![CDATA[R. Sugiharto Sugiharto]]>
<![CDATA[ Law Development Journal Vol 4, No 3 (2022): September 2022 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.4.3.373-380
<![CDATA[One form of legal protection for children is to realize the fulfillment of the rights and obligations of the child itself. Especially for children in conflict with the law, their problem solving process requires special attention. This study aims to analyze the application of diversion in restorative justice for children who are in conflict with the law in the juvenile criminal justice system. The type of research conducted is descriptive research with the type of normative legal research related to the application of diversion in restorative justice in the criminal justice system. The results showed that the application of diversion in restorative justice in the system of applying diversion to children in conflict with the law in the juvenile justice system, is the implementation of a system in restorative justice to provide justice and legal protection to children in conflict with the law without ignoring the child's criminal responsibility. Diversion is not a peaceful effort between children in conflict with the law and the victim or his family, but a form of punishment for children in conflict with the law in an informal way. The recommendation in this study is that law enforcement officers in carrying out their duties of investigating, prosecuting, examining and determining case decisions at court trials should prioritize the application of diversion as an alternative to the application of imprisonment. Massive socialization of diversion is needed to the community.]]>
<![CDATA[Implementation of Judge Independence in the Process of Implementing Justice in Islamic Law Perspective ]]>
<![CDATA[Khairul Huda]]>;
<![CDATA[Bambang Tri Bawono]]>;
<![CDATA[Achmad Arifullah]]>
<![CDATA[ Law Development Journal Vol 4, No 3 (2022): September 2022 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.4.3.518-525
<![CDATA[This study aims to analyze and examine the implementation of the independence of judges in the process of administering justice in Indonesia and to understand and examine the implementation of the independence of judges in the administration of justice from an Islamic perspective. This study uses library research methods or library research that is "juridical-normative". The data sources used are secondary data, namely ethical standards as judges with "Islamic character". The data will be analyzed using descriptive analysis method and the theoretical basis used is the principles of qadhi in Islam and the code of ethics for the behavior of Indonesian judges. Based on the data analysis carried out, it is concluded that a judge should maintain his integrity, his honor who has morals and is a mandate from the Most Wise, namely ensuring the establishment of a sense of justice, guaranteeing legal certainty and seeking the benefit of legal values to all Indonesian people.]]>
<![CDATA[The Legal Protection for Children as Criminal Actors ]]>
<![CDATA[Robertus David Mahendra Saputra]]>;
<![CDATA[Jawade Hafidz]]>;
<![CDATA[Denny Suwondo]]>
<![CDATA[ Law Development Journal Vol 4, No 3 (2022): September 2022 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.4.3.461-469
<![CDATA[The purpose of this research is to analyze the legal protection of children as perpetrators of criminal acts, to analyze the obstacles in the legal protection of children as perpetrators of criminal acts, and to analyze solutions to obstacles in the legal protection of children as perpetrators of criminal acts. This research uses a normative juridical approach, with descriptive research methods that are 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 concluded that the form of legal protection given to children as perpetrators in criminal acts is in accordance with Act No. 11 of 2012 concerning Juvenile Justice and the Criminal Code, namely returning to parents (Article 45 of the Criminal Code), rehabilitation, detention processes (Article 32 of Act No. 11 of 2012). The obstacles faced are the psychological condition of the child who is still unstable, the origin of the perpetrator, and the time required to administer the judicial process, and the lack of cooperation and coordination between the perpetrator, the victim, and the Fathers. The solution that can be given is coordination between stakeholders in handling children in conflict with the law (ABH) must be more intense, it is necessary to involve the community and non-governmental organizations (NGOs) in prevention programs and after care programs for children in conflict with the law (ABH), encourage various parties to intensify case resolution using the principle of restorative justice by means of diversion]]>
<![CDATA[The Settlement of Criminal Actions of Traffic Accidents with Child Performers ]]>
<![CDATA[Yheni Dwi Sukmawati]]>;
<![CDATA[Bambang Tri Bawono]]>;
<![CDATA[Achmad Sulchan]]>
<![CDATA[ Law Development Journal Vol 4, No 3 (2022): September 2022 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.4.3.423-430
<![CDATA[The objectives of this research are: To study and analyze the application of criminal sanctions against children who commit traffic violations.The approach method used in this study is a normative juridical approachand and the specifications in this study include: analytical descriptive. The sources and types of data in this study are secondary data obtained from literature studies. Based on the results of the study that the application of criminal sanctions against children who commit traffic violations must consider all matters concerning the child, such as the child's condition, family circumstances, environmental conditions, as well as reports from local community institutions. And for sanctions can be subject to criminal sanctions and action sanctions. The application itself must be distinguished from the application of sanctions against adults. Criminal sanctions to be imposed on children must be based on truth, justice, and the welfare of the child. The imposition of a crime or action is an action that must be accountable and beneficial to the child. The judge must consider the condition of the child, the condition of the house, the state of the environment as well as the report from the community advisor.]]>
