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[Implementation of Labor Overtime Protection of PT Hwaseung Indonesia ]]>
<![CDATA[Metry Widya Pangestika]]>;
<![CDATA[Arpangi Arpangi]]>
<![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.2.2.163-168
<![CDATA[This study is based on the legal problems of the workforce who work overtime hours at PT Hwaseung Indonesia. This research uses empirical juridical law research methods aimed at analyzing the implementation of legal protection of overtime work of PT Hwaseung Indonesia. Legal protection at PT HWI has not been fully implemented in accordance with Article 78 letter b of the Employment Law No.13 of 2003 that is, overtime work can be done a maximum of 3 hours in 1 day, and 14 hours in 1 week. Kepmen. No. 233 / MEN / 2003 allows its employees to work beyond the provisions of Law No. 13 In 2003, the original work was done according to the type and nature must be continuous. Although there are violations of overtime hours, the implementation of legal protection against workers beyond overtime has been done by PT. HWI, that is, by requesting the consent of workers before committing overtime and providing overtime wages. It is hoped that through this research will be found new ideas of thought that are useful for the Indonesian Ministry of Transport. Where the results of the research can be used as an indicator in conducting labor surveillance, in order to find ideas on how labor regulations play a greater role for the human rights of workers.]]>
<![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.]]>
<![CDATA[Law Enforcement on Merger of Indemnity Claims in Criminal Case Persecution ]]>
<![CDATA[Edi Sutomo]]>
<![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.2.2.241-256
<![CDATA[The purpose of this study is to analyze and explain: the causes of the Crime of Persecution; Implementation of Law Enforcement on the Merger of Indemnity Claims in the Criminal Case of Persecution, the factors that hinder the implementation of the Law Enforcement, as well as the efforts made in overcoming the obstacles in the Merger of Indemnity Claims in the Criminal Case of Persecution at the Sampang District Court in the future. This type of research is normative legal research supported by empirical legal research, and uses a statutory approach as primary legal material. The results showed that the causes of the crime of persecution in Sampang Regency were: alcohol and psychological factors. Implementation of Law Enforcement on the Merger of Indemnity Claims in the Criminal Case of Persecution at the Sampang District Court, it is known that the defendant has been tried with criminal sanctions, but does not include compensation for victims of criminal acts of persecution. Obstacles or barriers to the implementation of law enforcement on the merger of indemnity suit in the case of criminal offense at the Sampang District Court are: the legal factor itself; law enforcement factors; factor of means or facilities that support law enforcement; community factors; cultural factors.]]>
<![CDATA[The Implementation of Talak Ba’in Sughro towards Apostate Husband ]]>
<![CDATA[Ahmad Nafhani]]>;
<![CDATA[Abdullah Arief Cholil]]>
<![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.2.2.97-106
<![CDATA[The purpose of marriage is to form a happy and eternal family based on One Godhead. Marriage can be broken up because one party is Apostate, Apostasy can cause a problem in the household. In this study, the panel of judges decisions in accordance with the laws in Indonesia, namely Act No. 1 of 1974 and Compilation of Islamic Law. The method used by juridical normative focuses on the inventory of positive law, legal principles and doctrines, legal findings in concrete, legal systematics, level of legal synchronization, comparative law. Research findings the Demak Religious Court based on its relative and absolute competence has the right to examine, decide, and settle the case at the first level, so it is appropriate if the Plaintiff registers the case with the Demak Religious Court, for divorce on grounds, religious conversion or apostasy which causes dissonance in the household . That the separation that occurred as a result of the apostasy of one of the husband and wife couples from Islam was a fasakh, not a fall in the divorce of Ba’in Sughro. The purpose of the research itself is to be able to present accurate data so that it can provide benefits and be able to solve problems.]]>
<![CDATA[Effectiveness of Pleidooi by The Supreme Of Criminal Murder ]]>
<![CDATA[Muhammad Baharuddin]]>;
<![CDATA[Akhmad Khisni]]>
<![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.2.2.207-215
<![CDATA[The purpose of this study is to study and analyze the effectiveness of the pleaqs submitted by the accused as the perpetrator of the crime of murder in the trial process. In this research, the writer used sociological juridical method with the research specification in the form of descriptive analysis. The data used for this research are primary and secondary data. Based on the results of the research which concluded that in the analysis of the trial process of the verdict in the murder case with the perpetrator Hamim in accordance with the series of decisions Number: 73 / PID.B / 2015 / PN.Kds, the Judge gave a heavier verdict than the prosecutor's demands by using 2 (Article), each of which causes a different victim, namely the victim who died and was seriously injured in Article 338 of the Criminal Code and Article 351 paragraph (1) of the Criminal Code.]]>
<![CDATA[The Law Enforcement in Implementation of Diversion on Children in Confrontation with the Law ]]>
<![CDATA[Nur Khasanah]]>;
<![CDATA[Umar Ma'ruf]]>
<![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.2.2.60-67
<![CDATA[This study aims to analyze law enforcement in the application of diversion to children in conflict with the law. Constraints faced in applying diversion to children who are faced with the law and its solutions. This study uses a sociological juridical approach, with descriptive analytical research specifications. The data used in this study are secondary data obtained through library research and primary data which are then analyzed qualitatively using law enforcement theory and restorative justice theory. The result of this research is the action of transferring the settlement of juvenile cases from the criminal justice process to the non-criminal justice process. This diversion really needs child-specific handling that aims to provide the best interests of the child supported by adequate police human resources and the availability of legal assistance, community counselors, professional social workers and family / guardian and community support. Constraints faced a) Unifying Thoughts between Victims and Children in Conflict with the Law in order to Achieve an Agreement, b) Inadequate facilities and facilities, c) Community understanding of diversion is still lacking, d) Understanding of the community and other law enforcement officials on Diversion still lacking, e) The role of the community is still minimal, especially from the community who are victims, f) Cooperation with other agencies related to the implementation of Diversion has not been going well. Solutions to overcome these obstacles are a) Conducting separate meetings (caucuses) to unify ideas between victims and children in conflict with the law so that an agreement is reached, b) Optimizing facilities and infrastructure, c) Establishing Intensive Communication with Other Law Enforcement Officials. , d) Conducting Diversion Socialization among the Community, e) Making an Agreement on Supervision of the Implementation of the Diversion Agreement Results.]]>
<![CDATA[Legal Considerations Settlement Of Criminal Acquisition Of Land ]]>
<![CDATA[Hapshary Noor Diansaputri]]>;
<![CDATA[Aryani Witasari]]>
<![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.2.2.169-177
<![CDATA[One of the land conflicts that often occurs is the grabbing of land belonging to other people, whether intentional or unintentional, either by an individual or by a group of people. Land grabbing is a form of taking the rights of others against the law. This study aims to identify and analyze the factors that cause land grabbing, to identify and explain the form of legal arrangements for the crime of land grabbing and to analyze judges' legal considerations on the settlement of land grabbing crimes. This study uses a normative juridical approach, which is a legal research conducted by examining library materials or secondary data as the basic material for research. The theory used to analyze law enforcement theory and dispute resolution theory. Based on the research, the conclusion is: The factors driving the crime of land grabbing are the lack of awareness of the importance of legal protection of land ownership or control rights among the community, the existence of parties with certain motives against land that are considered to have no legal protection. Crimes against land grabbing are also regulated in the Criminal Code (KUHP), which is regulated in several articles in the KUHP, including: Article 167 of the Criminal Code and Article 385 of the Criminal Code. In deciding a case, a judge must consider sociological, philosophical and juridical aspects.]]>
<![CDATA[General Election Law Position In The Enforcement Of Criminal Law ]]>
<![CDATA[Eko Nuryanto]]>;
<![CDATA[Gunarto Gunarto]]>
<![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.2.2.146-154
<![CDATA[The aim in this study, to find out and analyze the mechanism for law enforcement of election criminal acts based on the General Election Law. In this research, the writer used sociological juridical method with the research specification in the form of descriptive analysis. The data used for this research are primary and secondary data. Based on the results of research that concludes, namely the mechanisms in the election criminal justice process based on Act No. 7 of 2017 concerning Elections through investigations in Article 479, investigations in Article 480 paragraph 1, prosecution in Article 480 paragraph 4, and court in Article 481 paragraph 1 The District Court exercises the authority to examine, adjudicate, and decide on cases where the process is carried out in a special court which still refers to the stages of the general criminal justice process in the Criminal Procedure Code.]]>
<![CDATA[Manifestation Of Criminal Sanctions In The Judicial Process On Criminal Actor Of Negligence (Culpa) ]]>
<![CDATA[Ahmad Ghifar Al Ahfaqsyi]]>;
<![CDATA[Siti Rodhiyah Dwi Istinah]]>
<![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.2.2.107-114
<![CDATA[The purpose of this research is to study and analyze manifestation of criminal sanctions in the process of prosecuting the perpetrator of a criminal offense due to negligence (Culpa). In this study the authors used sociological juridical methods with descriptive research specifications. The data sources used are primary and secondary data. Based on the results of the research, the conclusion is that in case No.207 / Pid.Sus / 2019 / PNClcp, it is in accordance with the provisions of both formal criminal law and material criminal law and the conditions that can be convicted of a defendant, this is based on trial examination, where the evidence submitted by the public prosecutor, including the testimony of the witnesses which are compatible with the statement of the defendant who honestly admitted to the act he had committed, the Panel of Judges at the Cilacap District Court in the case stated that the elements of the defendant's actions matched the formulation of the offense contained in Article 310 paragraph (4) of Act No. 22 of 2009 on Traffic and Road Transportation.]]>
<![CDATA[Implementation Restorative Justice in Criminal Cases at Investigation Level ]]>
<![CDATA[Mujahid Mujahid]]>;
<![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.2.2.216-224
<![CDATA[The objectives of this study are: 1. To analyze implementation restorative justice in the settlement of criminal cases at the investigation level at the Pati Police Resort at this time. 2. To analyze the constraints that arise in implementation restorative justice in the settlement of criminal cases at the investigation level at the Pati Police. 3. To analyze restorative justice in the settlement of criminal cases at the investigation level at the Pati Police in the future. The research method used is juridical empirical. Types / Specifications of Research, Types of Data and Data Sources, Data Collection Methods, Data Analysis Methods. Research results and discussion: Handling of criminal cases by the Police (investigators) at the Criminal Investigation Unit of the Pati Police with criteria including the category of criminal offenses punishable by criminal sanctions of up to 1 (one) year must be prioritized to apply diversion, criminal acts subject to sanctions. a sentence of more than 1 (one) year to 5 (five) years of the Pati Police Criminal Investigation Unit is carried out with the criteria, among others, considering the law enforcement process in accordance with the applicable positive law and if the settlement is through restorative justice. The use of restorative justice by the police in solving criminal cases at the level of future investigations can represent a logical step in public service and general case handling reform. This contributes to improved community police relations. New participatory programs can encourage a form of direct accountability to the communities they serve. Police officers can apply the principles of restorative justice to develop sustainable collaborative partnerships with the community.]]>
