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Law Development Journal
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 6 Documents
 1 
Search results for , issue "Vol 1, No 2 (2019): December 2019" : 6 Documents clear
Legal Aspects of Regional Government Strategies in Overcoming Unemployment, Problems and Solutions Titik Budiyanti
Law Development Journal Vol 1, No 2 (2019): December 2019
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (482.992 KB) | DOI: 10.30659/ldj.1.2.79-89

Abstract

The problems discussed in this study are "the legal aspects of local government strategies in overcoming unemployment, problems and solutions in Demak Regency". In order to discuss this problem, the approach method used is a normative juridical approach, which examines the law that is conceptualized as a norm or rule that applies in society. Sources of data in this study are secondary data sources obtained from primary, secondary and tertiary legal materials.From the results of the research and discussion, it was concluded that: the legal aspects of the regional government strategy in tackling unemployment in Demak Regency by establishing policies of the Demak Regency Government in attracting investors/ investors, developing employment opportunities, implementing rural productive labor intensive, implementing labor placements, carry out job training and local government policies in collaboration with companies and non-governmental organizations. Meanwhile, the problems faced by the Regional Government in Tackling Unemployment in Demak Regency are (1) high unemployment. The solution is to implement an employment opportunity expansion program, the implementation of rural productive labor-intensive activities, training and placement of workers (AKL, AKAD / transmigration and AKAN);Keywords : Unemployment; Regional government; Policy; work training
Verstek Divorce Case in the Perspective of Positive Law and Islamic Law A. Taufik Taufik
Law Development Journal Vol 1, No 2 (2019): December 2019
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (520.155 KB) | DOI: 10.30659/ldj.1.2.90-98

Abstract

The research problem is that, in examining the verstek of the divorce case, the judge asked the plaintiff to prove the argument of the lawsuit with written evidence and / or witnesses, even though the verstek provisions did not regulate that. What is the legal basis of evidence regarding the subject matter in verstek and why did the defendant choose not to attend the trial and how is the verzet examination of divorce cases in court. how to study literature. While the data analysis method used is descriptive normative, that is, the method used to describe the norms on which the judge accepts, examine and resolve cases that emphasize the aspect of the prevailing legislation. Based on the analysis, it can be seen that the reason the judge ordered proof is: In the case of the verstek case of divorce cases, the principle of Lex Specialis Derogat Lex Generali is applied, therefore divorce cases are an exception to the HIR provisions. Because proof can show more of a legal function in providing a sense of justice and protection to society. Proof is useful to know the truth of the plaintiff's claim whether the lawsuit has legal grounds and does not violate rights. The formulation of Article 125 paragraph (1) HIR does not contain the words 'must', but instead the word 'accepted' is used.Apart from basing it on positive legal provisions, in the version of divorce cases, the panel of judges also based on the doctrine in the Fiqh Books in the form of syar'iyah evidence. In a divorce case what is sought is material truth, not mere formal truth. It can be seen from the verdicts in divorce cases both recognized and in the verstek verdict, still undergoing a proving process. Both positive law and Islamic law see the need for proof in a verdict from a divorce case.Keywords    : Verstek; Divorce Case; Positive Law; Islamic law.
Discipline Development Of Civil State Employees In Improving Community Services In Pemalang District Hery Supriyanto
Law Development Journal Vol 1, No 2 (2019): December 2019
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (550.29 KB) | DOI: 10.30659/ldj.1.2.47-54

Abstract

Civil servants as servants of the state and servants of the community in carrying out their duties to provide services to the community must be equitably distributed with the ability to carry out their duties in a professional and responsible manner, by obeying their obligations and avoiding prohibitions stipulated in statutory regulations and or official regulations. Based on the above facts, it is necessary to have a scientific study in a study with the title: Fostering Discipline of Civil Servants (PNS) in Improving Community Services Based on Government Regulation Number 53 of 2010 in Pemalang Regency. The approach method used or used in this research is to use a sociological juridical approach (socio legal research). This research is a descriptive analysis research, that is, this research is a descriptive analysis research, which describes the existing situation more clearly, based on legal theory. Data analysis was carried out using qualitative analysis methods, namely an analysis carried out on the Discipline Development of Civil Servants in improving community services in Pemalang Regency.In Fostering Discipline for Civil Servants in Improving Community Service in Pemalang Regency, in general, Civil Servants as State Servants and Servants of the Community in carrying out their duties to provide services to the community must be disciplined, namely the existence of good Discipline Development for Civil Servants will create harmonious interactions, both between Civil Servants themselves and fellow bureaucratic officials as well as between employees and community members. Constraints faced Not exactly the promised time, Lack of quality of community services. in making Identity Cards (KTP) and Family Cards (KK), and for solutions to overcome Constraints / Obstacles are as follows: Implement services on time, Improve the quality of services to the community.Keywords: Civil Servant Discipline, Service to Society
Jurisprudential Analysis of the Execution of the Inheritance of Adopted Children Ahmad Akhsin
Law Development Journal Vol 1, No 2 (2019): December 2019
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (607.795 KB) | DOI: 10.30659/ldj.1.2.55-64

Abstract

The issues raised in This research is: What is the legal basis for the consideration of the Judge and the ijtihad style of the Religious Court Judges at the Batang Religious Court in settling the inheritance of adopted children? What factors influence the style of the decision of the Batang Religious Court Judge in the settlement of the case of adoptive son inheritance? The method used in this research is a normative juridical approach and the research specification uses descriptive analytical.The main tasks of the judiciary in Indonesia in receiving, examining, adjudicating and resolving any problems raised are carried out by judges. Judges here, apart from functioning as law enforcers, are also required to enforce law and justice. Here the judge will be required to do not just as a mouthpiece or mouthpiece Law, but more than that it is required to explore the law in every decision for the sake of upholding justice. In matters where there is no sharih text, the judge's ijtihad style is characterized by the use of unwritten sources of law, including istishhab and maslahah mursalah. Although it was not explicitly stated in the consideration of the decision, contextually ishtishhab was used as an unwritten source in the settlement of the case of the inheritance of adopted children. The Panel of Judges at the Batang Religious Court in the settlement of the case of the inheritance of adopted children who get inheritance rights through the mandatory will use ijtihad integrative between ijtihad intiqa'i and ijtihad insya'i according to the concept of Yusuf Al Qardawi, Meanwhile, the factors that influence the style of the judge's decision at the Batang Religious Court consist of two factors, internal and external factors of the judge, each of which has a dominant influence.Key Words: Jurisprudence; ijtihad; inheritance; adopted children; mandatory will
The Judgment Of The Criminal Action Of Narcotics In Islamic Law Perspective And Human Rights Protection Eka Santosa
Law Development Journal Vol 1, No 2 (2019): December 2019
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (880.166 KB) | DOI: 10.30659/ldj.1.2.65-72

Abstract

The formulations of the problems in this research are: What is the basis for the judge's consideration in making a decision regarding the crime of narcotics abuse in the Pekalongan District Court? And how is the court's decision regarding narcotics crime based on the decision of the Pekalongan District Court from the perspective of Islamic law and protection of human rights human?The research carried out in this thesis is normative legal research, namely research on problems by looking at the prevailing regulations. The approach method used is normative legal research which is literature research, namely research on secondary data.The results of the research were as follows: Whereas narcotics crime is a crime, for this reason, a set of laws that regulate criminal sanctions for narcotics abuse is needed, namely: Law No. 35 of 2009 concerning Narcotics. The purpose of making Law No. 35 of 2009 concerning Narcotics is to prevent the occurrence of narcotics abuse and to eradicate illicit narcotics trafficking. The formulation of offenses in the aforementioned law focuses on the abuse and distribution of narcotics starting from cultivation, production, distribution, traffic to the users, not on assets obtained from criminal acts. The basis for consideration of judges in making decisions are: Judgments of a judicial nature, considerations of a non-judicial nature, and things that are burdensome and alleviate the crime. Judges must not only be based on statutory regulations, but must pay attention to the general feelings and opinions of the community.Keywords: Narcotics Crime, Islamic Law, Human Rights
Legal Protection Of Welfare Teacher Assistant Garden Children Kusti'ah Kusti'ah
Law Development Journal Vol 1, No 2 (2019): December 2019
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (893.392 KB) | DOI: 10.30659/ldj.1.2.73-78

Abstract

The problems that arise in this research are: 1. What is the Realization of Legal Protection for Kindergarten Assistance Teachers' Welfare in Demak Regency, 2. What Barriers Arise in Protecting the Rights of Kindergarten Assistance Teachers in Demak Regency, 3 How is the Kindergarten Assistance Teacher Contract Completion after the employment contract ends.The method used in this research is qualitative descriptive with the research location in Demak Regency. Data sources use primary and secondary data. Respondents in this study were drawn by means of "purposive sampling". Data collection techniques by interview, observation and documentation. Data analysis uses inductive thinking with a flow analysis model which is divided into three main components. To determine the final result, an interactive analysis model is used.The results of the discussion and analysis of this study indicate that the Decree of the Minister of Education No. 034 / U / 2003 Regarding Assisted Teachers, it does not explicitly provide legal protection for the welfare of Kindergarten Assistance Teachers. Barriers that arise in protecting the rights of Assistance Teachers are the absence of the relevance of regulations applicable to Kindergarten Assistance Teachers. The completion of the Assistance Teacher contract agreement after the work contract ends, a Contract Agreement (SPK) is signed once a year until the age of 60 years, if evaluated it still meets the formal requirements. The implementation of legal protection for the welfare of Kindergarten Assistance Teachers has not been as expected.Keywords: Legal Protection, Assistance Teacher Welfare,

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