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[The Notary Protocol File Managerial ]]>
<![CDATA[Theodorus Kevin Purinsyah Putra]]>;
<![CDATA[Nany Pudjianti Suwigjo]]>
<![CDATA[ Law Development Journal Vol 5, No 1 (2023): March 2023 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.5.1.1-13
<![CDATA[The Regional Supervisory Council (MPD) of Semarang Regency acts as a supervisor for the performance of all Notary Offices in Semarang Regency in implementing the spearhead of the Notary Supervisory Council (MPN). The managerial implementation of Notary protocol files in Semarang Regency in Act No. 30 of 2004 on Notary Positions is not regulated in detail so that in its implementation it is left to the policies of each Notary Office. This study aims to determine and analyze the managerial implementation of Notary protocol files at the Semarang Regency Notary Office and the implementation of managerial supervision of Notary protocol files by the Semarang Regency MPD. The research method used in this research is empirical juridical using primary and secondary data. The results of this study indicate that the managerial implementation of the Notary protocol file is carried out based on Articles 8, 12 and 15 paragraph (1) of Act No. 30 of 2004. Supervision from the MPD of Semarang Regency is carried out 2 times a year and has carried out digitization of protocol files through Link and SILANDU.]]>
<![CDATA[The Legal Protection of Commercial Marks Based on the First to File Principle in Act No. 20 of 2016 ]]>
<![CDATA[Adrian Winata]]>;
<![CDATA[Budi Santoso]]>
<![CDATA[ Law Development Journal Vol 5, No 1 (2023): March 2023 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.5.1.81-90
<![CDATA[In this day and age, business competition is very tight, therefore, to support increased sales in a business field, a brand is needed. Brands are very influential on the sale of a product, the more well-known a brand is, the easier the brand can be absorbed by the public. Many companies engaged in the cosmetics sector are competing to raise their trademark names so that they are better known among the public, but the more intense business competition in the cosmetic sector, the more legal issues and individuals who want to find opportunities to imitate other trademarks that already well-known so that their products are quickly remembered and known by the public. This case often occurs in the field of Intellectual Property Rights or IPR, especially in the field of Brands, as in the case of MS Glow and PS Glow. The mark itself has been protected in Act No. 20 of 2016 concerning marks and geographical indications. The first to file principle is applied in this trademark law to prevent parties from wanting to take advantage of the existing big brands. How the Trademark Law protects the MS Glow Brand from the owner of the legal brand so that it is not copied by others attracts the attention of the author to discuss this matter.]]>
<![CDATA[The Analysis of Labor Law Arrangements against Women Workers ]]>
<![CDATA[Audrine Gandhis Arsita Dini]]>;
<![CDATA[Nabitatus Sa'adah]]>
<![CDATA[ Law Development Journal Vol 5, No 1 (2023): March 2023 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.5.1.14-29
<![CDATA[This article aims to identify and analyze labor law arrangements for women workers (Case Study of PT KEM). PT Kelian Equatorial Mining (KEM) is engaged in mining and metals. PT Kelian Equatorial Mining (KEM) has been established in Indonesia since 1992 located in West Kutai Regency, East Kalimantan Province. PT KEM obtained a Contract of Work from the government in 1985, then began mining for gold in 1992 and closed production in 2005 due to running out of mining products. This legal research uses a normative method which is carried out by means of literature study on secondary data. The results of this study indicate that there are several sources of law, both national and international, that protect women workers, including Act No. 13 of 2003 concerning Manpower. However, it is undeniable that violence, discrimination and sexual harassment against women in the workplace continue to occur. The government, law enforcers and companies need to pay attention to how to enforce the laws governing women workers, and make it easier to access reports of incidents related to violations of their rights at companies. In this way, the rights of women workers will be protected from any actions that harm them in relation to the work they do at the company.]]>
<![CDATA[The Analysis of Legal Protection for the Practice of Adding Watermarks in Graphic Design Products ]]>
<![CDATA[Muhamad Noval Arahman]]>;
<![CDATA[Fifiana Wisnaeni]]>
<![CDATA[ Law Development Journal Vol 5, No 1 (2023): March 2023 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.5.1.91-99
<![CDATA[. Intellectual Property Rights (IPR) is born from an individual's recognition of his intellectual abilities, so that each of his works is directly attached to the creator. A work of art can be created by anyone, especially activists in the art world such as singers, writers, designers, photographers and so on. In its development, creators always find the latest variations and innovations for work. These innovations can be of various kinds and can result in good or bad, can harm other parties or not harm other parties. In one's profession a Graphic Designer always produces graphic design work that develops every year and follows market demand. The protection of graphic design products is also carried out by several owners, those who understand the Copyright Law must register their products with the Directorate General of Intellectual Property Rights by following the existing procedures. But on the other hand, there are also some copyright owners who do not register, but instead provide watermarks or watermarks in their works. This study aims to provide an understanding for those who carry out watermarking actions by using juridical and normative methods by prioritizing library-based legal research whose sources come from secondary data which is then applied to the core problem of this research, namely Watermarking in Graphic Design which focuses on the legal protection of the parties. This research provides an understanding of how the act of affixing a watermark gets legal protection according to Act No. 28 of 2016 concerning Copyright]]>
<![CDATA[The Role and Position of the Notary Deed in the Conviction of the Defendant ]]>
<![CDATA[Aditya Fauzi Indarto]]>;
<![CDATA[Mujiono Hafidh Prasetyo]]>
<![CDATA[ Law Development Journal Vol 5, No 1 (2023): March 2023 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.5.1.30-40
<![CDATA[This study aims to determine the role and position of an authentic deed in the form of a peace agreement between the parties referring to the case study of Decision Number 69/Pid.B/2022/PN Smg. The research method used is a normative juridical approach (library research), which examines existing legal problems by linking laws and regulations, books, official documents, publications, and research results, which are discussed using secondary data which includes principles, norms, rules, and laws and regulations in accordance with the research. The result of this research is that an authentic deed in the form of a peace agreement between the parties in a criminal case can be used as the main consideration in mitigating the defendant. The peace agreement in verdict number 69/Pid. B/2022/PN Smg implemented by the parties is a manifestation or implication of ADR which has fulfilled the elements of out-of-court case settlement / Afdoening Buiten process. In this discussion, the public prosecutor and judge in decision number 69/Pid.B/2022/PN Smg were very concerned about the existence of a peace agreement between the parties (perpetrator and victim). This is evidenced by the lenient charges from the Public Prosecutor against the defendant in the form of a conditional sentence, namely imprisonment for 5 (five) months with a probationary period of 10 (ten months). The judge in his decision also handed down a lenient sentence against the defendant, namely imprisonment for 5 (five) months with a probationary period of 10 (ten months) or the same as the charges of the public prosecutor.]]>
<![CDATA[The Juridical Review for Husbands Who Do Household Abandonment ]]>
<![CDATA[Sabrina Chaerani]]>;
<![CDATA[Agus Sarono]]>
<![CDATA[ Law Development Journal Vol 5, No 1 (2023): March 2023 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.5.1.100-116
<![CDATA[As citizens have the right to form a family and continue their generations. The State of Indonesia mandates this matter through Article 28B paragraph (1) of the 1945 Constitution of the Republic of Indonesia. Through this article, Act No. 1 of 1974 concerning Marriage regulates various matters relating to marriage. Although everyone's hope is to create a harmonious family, a marriage can also lead to divorce. Economic reasons are the second highest reason for a divorce in Indonesia. In fact, the law has provided rules relating to the rights and obligations of each husband and wife. The research method used in this article is the normative juridical method, where a problem is studied through applicable laws such as Act No. 1 of 1974, the Compilation of Islamic Law, and Act No. 23 of 2004 concerning the Elimination of Domestic Violence.]]>
<![CDATA[The Implementation of Cash Waqf Management as National Economic Recovery (PEN) Post-Covid-19 Pandemic ]]>
<![CDATA[Nahdah Shifani]]>;
<![CDATA[Rahandy Rizki Prananda]]>
<![CDATA[ Law Development Journal Vol 5, No 1 (2023): March 2023 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.5.1.41-53
<![CDATA[The Covid-19 pandemic has had a very bad impact on the Indonesian economy which has fallen sharply due to this pandemic. The author uses a normative juridical research type and uses a qualitative descriptive analysis approach. The government has formulated the National Economic Recovery (PEN) program to protect the national economy. In this context, it is hoped that Islamic social finance can support the National Economic Recovery plan. Money Waqf or Cash Waqf can be used to deal with economic problems that arise. Thus the results of this study are to find out the Management and Development of Waqf Assets in the Form of Cash Waqf, as well as the Implementation of Management of the Cash Waqf Program as National Economic Recovery (PEN) Post the Covid-19 Pandemic.]]>
<![CDATA[The Juridical Review of the Consequences of Online & Offline Promotion of Notary Position Conducted by A Notary based on The Notary's Ethics Code ]]>
<![CDATA[Abimanyu Muhammad Farhan B.]]>;
<![CDATA[Ery Agus Priyono]]>
<![CDATA[ Law Development Journal Vol 5, No 1 (2023): March 2023 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.5.1.117-124
<![CDATA[. This study aims to determine the consequences borne by notaries on notaries who promote positions online and offline based on the notary's code of ethics. The research method used is a normative juridical approach, (library research), which is a research approach that uses the main law, as well as reviewing several theoretical matters related to legal principles, legal doctrines, regulations and legal systems related to research What is being discussed using secondary data includes principles, rules, norms, and legal rules contained in laws and regulations and other regulations. The result of this study is that violations of the code of ethics committed by notaries will provide consequences regulated in the notary code of ethics in the form of reprimands, warnings, temporary dismissals, respectful dismissals, and disrespectful dismissals decided by the Notary Honor Council established by the Indonesian Notary Association (INI).]]>
<![CDATA[The Formulation of a Special Minimum Criminal Threat System Formulation in the Corruption Law ]]>
<![CDATA[Doni Cakra Gumilar]]>;
<![CDATA[Sri Endah Wahyuningsih]]>;
<![CDATA[Jawade Hafidz]]>
<![CDATA[ Law Development Journal Vol 5, No 1 (2023): March 2023 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.5.1.54-70
<![CDATA[This study aims to find out how the policy for formulating a special minimum penalty system in the current Corruption Crime Law, what are the weaknesses of the policy for formulating a special minimum penalty system in the current Corruption Law and how is the policy for formulating a special minimum penalty system in the Criminal Act Future corruption. The research method used is normative juridical. Based on the research, it was concluded that the formulation policy of a special minimum penalty system in the Corruption Crime Act is currently seen as having weaknesses, including, the formulation of a special minimum sentence that is too light is seen as having hurt the sense of justice in society and there is no sentencing guideline in the Act. Current Corruption Crimes. In order to overcome the weaknesses in the formulation of a system of special minimum criminal threats in the Corruption Crime Law in the future. This can be solved by revising the policy formulation of a special minimum penalty system by increasing the minimum penalty and including specific minimum criminal penalties in the Corruption Law.]]>
<![CDATA[The Results of Fiduciary Law Warranties which the Objects are Transferred to Third Parties ]]>
<![CDATA[Nabila Ananda Putri]]>;
<![CDATA[Siti Malikhatun Badriah]]>
<![CDATA[ Law Development Journal Vol 5, No 1 (2023): March 2023 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.5.1.125-139
<![CDATA[This study aims to find out and analyze legal protection for fiduciary guarantee holders whose objects are transferred to third parties and legal protection for fiduciary guarantee holders transferred to third parties in decisions Number: 45 / Pdt.Eks / 2015 / PN.Smg. the results of this study, it is known that Legal protection for Fiduciary Guarantees Transferred to Third Parties, if the object of fiduciary collateral turns out to be transferred to a third party or transferred without the creditor's knowledge, while the debtor and third parties acknowledge it, then the creditor can give summons which subsequently have the force to withdraw objects guaranteed can In Decision Number 45 / Pdt.Eks / 2015 / PN.SMG, against debtors whose objects of fiduciary collateral are not registered forcibly executed by creditors, the debtor can file a lawsuit made by creditors to the court based on the provisions of the Civil Code for violating the provisions of UUJF.]]>
