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.
Articles
279 Documents
<![CDATA[Process of Investigation onCriminal Actions of Fake Reports by the Reserse & Criminal Unit Investigators to Prosecutor ]]>
<![CDATA[Rizki Andika Putra]]>;
<![CDATA[Aryani Witasari]]>;
<![CDATA[Deny Suwondo]]>
<![CDATA[ Law Development Journal Vol 4, No 1 (2022): March 2022 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.30659/ldj.4.1.108-115
<![CDATA[The aim of this research is to find out and analyze the process of investigating criminal acts of false reports by investigators from the Criminal Investigation Unit to the prosecutor's office. To find out and analyze the obstacles to the process of investigating criminal acts of false reports by investigators from the Criminal Investigation Unit to the prosecutor's office. To find out and analyze efforts to overcome obstacles to the process of investigating criminal acts of false reports by investigators from the Criminal Investigation Unit to the prosecutor's office. This study uses a sociological juridical approach, with descriptive analytical research specifications. The data used in this research is secondary data obtained through literature study which is then analyzed qualitatively. The results of this study are the Process of Investigating False Reports by Criminal Investigation Unit Investigators to the Prosecutor's Office is an investigator who submits a case file or the result of the report turns out to be false to the prosecutor's office, the prosecutor can return the case file or the results of the report to the investigator with instructions or directions from the prosecutor. Its office with coordination or cooperation between the police and the prosecutor's office. The resistance is the investigation of a criminal act of a false report takes a long time: in handling a criminal act of a false report by a defendant, it cannot be processed further if it only relies on information/confessions from the suspect, and if the case related to the crime of a false report has not been revealed or proven. Proving is difficult, it is difficult to prove the case in the investigation because in fact this case does not exist so that investigators must be more observant and patient in every collection of evidence. The solution is intensify every report or input from everyone about everything related to the problem of the crime of the false report. Increased awareness of new modes of crime.]]>
<![CDATA[The Legal Effectiveness of Application of E-Tiring (E-Tilang) Methods in Criminal Enforcement of Traffic Violations ]]>
<![CDATA[Rustam Rustam]]>;
<![CDATA[Latifah Hanim]]>;
<![CDATA[R. Sugiharto Sugiharto]]>
<![CDATA[ Law Development Journal Vol 4, No 2 (2022): June 2022 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.30659/ldj.4.2.247-254
<![CDATA[This research aims to analyze the juridical substance of formulative policies for traffic violations criminal law enforcement using E-Tiring. This research used a normative juridical method with research specifications in the form of descriptive analysis. Based on the discussion, it was concluded that the arrangement of infrastructure or the arrangement of the governance system for handling traffic violations based on technology and the National Police Grand Strategy 2005-2025 policy (Public Trust Building, Partnership Building, and Strive For Excellence) which was strengthened by the 2015-2019 Police Strategic Plan which includes among others: First, the fulfillment of the Alpalkam/Almatsus Polri to support strengthening the main tasks and functions of the National Police. Second, the establishment of a professional, moral, modern and superior Polri posture through changing the mindset and culture set. Third, development of police technology and information systems in a sustainable manner that is integrated through research and scientific studies to support optimal Polri performance. The National Police has made various efforts to improve performance standards in a sustainable manner by rolling out creative breakthroughs and service systems in line with the current National Police Strategic Plan, particularly in the implementation of handling violations through the E-Tiring system.]]>
<![CDATA[Analysis of Criminal Action Settlement for Negligence in Traffic that Resulting in the Loss of Other People's Life ]]>
<![CDATA[Ngatno Ngatno]]>;
<![CDATA[Siti Ummu Adillah]]>;
<![CDATA[Widayati Widayati]]>
<![CDATA[ Law Development Journal Vol 4, No 1 (2022): March 2022 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.30659/ldj.4.1.69-75
<![CDATA[This study aims to find out and analyze the settlement of criminal acts of negligence in traffic which resulted in the loss of other people's lives in case number 24/Pid.Sus/2020/PN Kds and to find out and analyze how the judge's legal considerations in making decisions on negligence offenses traffic that resulted in the loss of other people's lives in case number 24/Pid.Sus/2020/PN Kds. This research is a sociological juridical research by combining legal materials (which are secondary data) with primary data obtained in the field. Based on the research, it is concluded that the analysis of the settlement of criminal acts in traffic that resulted in the loss of other people's lives in Case Number 24/Pid.Sus/2020/PN Kds based on the theory of punishment, there are several processes for handling criminal cases by law enforcement in order to conduct investigations, investigation, arrest, detention, prosecution and imposition of criminal sanctions. The judge's legal considerations in passing a decision on the offense of traffic negligence which resulted in the loss of another person's life in Case Number 24/Pid.Sus/2020/PN the existence of Kds is that the panel of judges saw an element of criminal responsibility in the case of driver negligence that caused a traffic accident as follows: (1) must commit a crime, (2) be able to take responsibility (3) intentionally or negligently (4) there is no excuse for forgiveness. The judge in imposing a prison sentence of 1 year and three months and a fine of IDR 5,000,000 for the actions of the perpetrators according to the researcher is still not optimal.]]>
<![CDATA[The Law Enforcement on Criminal Acts of Narcotics Abuse by Child ]]>
<![CDATA[Akmadi Akmadi]]>;
<![CDATA[Gunarto Gunarto]]>;
<![CDATA[Deny Suwondo]]>
<![CDATA[ Law Development Journal Vol 4, No 2 (2022): June 2022 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.30659/ldj.4.2.%p
<![CDATA[The purpose of this study was to determine and analyze law enforcement against the crime of narcotics abuse by children. To find out and analyze the obstacles in law enforcement against the crime of narcotics abuse by children. To find out and analyze efforts to overcome the obstacles of criminal acts of narcotics abuse by children. This study used an empirical juridical approach, with descriptive research specifications. The data used in this study was secondary data obtained through literature study which was then analyzed qualitatively. The results of this study are Law Enforcement Against Criminal Acts of Narcotics Abuse by Children are The government and state institutions should provide special protection for children, and most specifically for children who are in conflict with the law and children who are victims of narcotics abuse. The problem is: Law enforcement officers or legal structures here are limited to the police, prosecutors and judges. Facilities and facilities in law enforcement are less supportive and incomplete. Community participation and control in some areas are still very low due to a sense of not caring about their own environment even though it is clearly seen directly that there are acts of narcotics abuse. The quality and quality of some police officers who work in the Res Unit are still low. The efforts are: Increased understanding of the concept of diversion with restorative justice is aimed at law enforcement officers (both for the police, prosecutors and judges). Must try to develop potential or human resources in the Res Unit. Drugs through participating in further training on narcotics and the modes in their distribution, so that in the future members of the Res Unit. Drugs have the ability and are more maximal in seeking law enforcement against narcotics crimes. Inviting all elements of society because in accordance with the law the community plays a role in handling, preventing, and distributing narcotics.]]>
<![CDATA[The Authority of Public Prosecutor in Stopping the Prosecution of Criminal Cases based on Restorative Justice ]]>
<![CDATA[Yeriza Adhytia]]>;
<![CDATA[Arpangi Arpangi]]>;
<![CDATA[Rakhmat Bowo Suharto]]>
<![CDATA[ Law Development Journal Vol 4, No 1 (2022): March 2022 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.30659/ldj.4.1.19-32
<![CDATA[The purpose of this study consists of 3 (three) aspects, the first is to analyzePublic Prosecutor's Authority in stopping the prosecution of criminal cases on the basis of restorative justice. The second objective is to analyze the mechanism for stopping the prosecution of criminal cases on the basis of restorative justice. The third objective is to analyze the inhibiting factors in carrying out the termination of prosecution of criminal cases on the basis of restorative justice. The research approach method used is sociological juridical. The conclusion of this research is, first the prosecutor's authority to stop prosecution of a criminal case based on the Termination of Prosecution Perja is a form of attribution authority. Second, the mechanism for stopping prosecution based on restorative justice is carried out within a period of 14 (fourteen) days after receiving the handover of responsibility for the suspect and evidence from the investigator which consists of several stages as stipulated in the Perja on Termination of Prosecution. Third, the most dominant obstacle in the process of discontinuing prosecution based on restorative justice is the statutory factor, namely: short period of time in Dismissal of Prosecutionnot commensurate with the length of the mechanism that must be taken as well as cultural factors, namely the low awareness of the culture of forgiveness by the Victim towards the Suspect which has an impact on the inability to carry out the peace process.]]>
<![CDATA[An Implementation of Restorative Justice in Handling Cases of the Beatings Crime ]]>
<![CDATA[Ahmad Ali Ustadi]]>;
<![CDATA[Amin Purnawan]]>;
<![CDATA[Siti Ummu Adillah]]>
<![CDATA[ Law Development Journal Vol 4, No 1 (2022): March 2022 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.30659/ldj.4.1.162-169
<![CDATA[The purpose of this research is to find out and analyze the implementation of restorative justice in handling cases of beatings. To find out and analyze the obstacles that arise in the implementation of restorative justice in handling cases of criminal acts of beatings and their solutions. The method used was a juridical empirical legal approach and the specifications in this study were descriptive analytical. The sources and types of data in this study were secondary data obtained from library studies. The data were analyzed qualitatively. Based on the results of the research that the Implementation of Restorative Justice in Handling Cases of the Crime of Beating is repairing social damage caused by perpetrators, developing remedies for victims and the community, and returning perpetrators to society. This effort requires the cooperation of all parties and law enforcement officials. Obstacles that arise: Lack of community or environmental participation in finding a solution to a case so that they immediately report it to the police; The case handled by the police has been sent SPDP (Notice of Commencement of Investigation) to the District Attorney. The existence of a third party interest in resolving a case at the investigation level, Efforts to overcome Emerging Constraints: Entering cases that have been resolved by the community into the media with twisted words or asking the police leadership (Kapolda, Kapolres) either through the media as well as letters or communication tools.]]>
<![CDATA[The Policy Authority of Police in Implementing Rehabilitation Actions ont Narcotics Users ]]>
<![CDATA[Muhammat Teguh Safi'i]]>;
<![CDATA[Jawade Hafidz]]>;
<![CDATA[Maryanto Maryanto]]>
<![CDATA[ Law Development Journal Vol 4, No 1 (2022): March 2022 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.30659/ldj.4.1.116-123
<![CDATA[The purpose of this research is to analyze the police authority policy in the implementation of rehabilitation measures against narcotics users in the current positive law and to analyze the narcotics authority policy in the future positive law. This study used a sociological juridical approach, with a qualitative descriptive research method. The research problem was analyzed using the theory of justice and the theory of the operation of law. The results of the study conclude that 1) Law enforcement of rehabilitation sanctions against narcotics users currently begins when the police conduct investigations and investigations by looking at the criminal provisions of Article 127 paragraphs (2) and (3) so that there is consistency in paying attention to the Articles that regulate the provisions so that Later the addicts and victims of narcotics abusers can be rehabilitated both in rehabilitation and no longer sentenced to prison or imprisonment because the rehabilitation is counted as a period of serving the sentence. 2) In the future positive law formulation, is needed that is built on an integrated and harmonious investigation coordination and supervision system but does not have multiple interpretations so that there is no overlapping investigative authority caused by the arrangements and legislation formulations in positive legal provisions such as the current and current cases. Narcotics abuse can not be handled appropriately.]]>
<![CDATA[The Substantial Form of Legal Products for the Implementation of Criminal Justice during the Covid-19 Pandemic ]]>
<![CDATA[Tri Margono Budisusilo]]>;
<![CDATA[Amin Purnawan]]>;
<![CDATA[Siti Ummu Adillah]]>
<![CDATA[ Law Development Journal Vol 4, No 2 (2022): June 2022 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.30659/ldj.4.2.255-262
<![CDATA[The purpose of this paper is to examine and analyze the study and analysis of the substantial form of legal products for the implementation of criminal justice during the Covid-19 pandemic. This research used a normative juridical method. The conclusion of this research is the Supreme Court issued Circular Letter No. 1 of 2020 concerning Guidelines for the Implementation of Duties During the Prevention of the Spread of Corona Virus Disease 2019 (COVID-19) within the Supreme Court of the Republic of Indonesia and the Judicial Bodies Under it. This letter evaluates and revokes the Circular Letter of the Secretary of the Supreme Court of the Republic of Indonesia Number 1 of 2020 concerning Adjustment of the Work System of Judges and Judicial Apparatuses in Efforts to Prevent the Spread of COVID-19 within the Supreme Court of the Republic of Indonesia and the Judicial Bodies Below, which was issued on March 17, 2020.]]>
<![CDATA[The Implementation of Rehabilitation against Narcotics Abuser ]]>
<![CDATA[Noorul Umaya]]>;
<![CDATA[Latifah Hanim]]>;
<![CDATA[R. Sugiharto Sugiharto]]>
<![CDATA[ Law Development Journal Vol 4, No 1 (2022): March 2022 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.30659/ldj.4.1.76-82
<![CDATA[The purpose of this study is to find out and analyze the implementation of rehabilitation for narcotics abusers, to find out and analyze the obstacles faced by the Public Prosecutor in implementing the rehabilitation of narcotics abusers and their solutions. The research approach method used is the sociological juridical method. The conclusion of this study is that the implementation of rehabilitation for narcotics abusers is carried out entirely by the National Narcotics Agency (BNN). The obstacles faced by the Public Prosecutor in implementing rehabilitation are the absence of juridical qualifications between the types of criminal offenses and violations, the absence of a special rehabilitation center for narcotics abusers, the lack of rehabilitation technicians and the limited rehabilitation budget owned by the National Narcotics Agency (BNN).]]>
<![CDATA[The Legal Impact of Prejudicial Decisions that State Invalidity of Suspects Determination ]]>
<![CDATA[Iqbal Parikesit]]>;
<![CDATA[Umar Ma'ruf]]>;
<![CDATA[Peni Rinda Listyawati]]>
<![CDATA[ Law Development Journal Vol 4, No 2 (2022): June 2022 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.30659/ldj.4.2.%p
<![CDATA[In judicial practice, there have been several pre-trial decisions declaring the stipulation of a suspect invalid. The impression that arises from the suspect is as if the determination of the suspect is declared invalid, then the case is stopped and not continued. Therefore, this study aims to find out the legal impacts of prejudicial decisions which state the invalidity of the determination of suspects in the current and future laws. This study used a normative legal approach by reviewing and researching primary legal materials consisting of the Legislation on the Criminal Procedure Code (KUHAP) and Judge's Decisions. Then proceed with secondary legal materials in the form of books and journal articles related to pre-trial decisions declaring the determination of the suspect invalid. The analytical technique used in this research is a descriptive qualitative method. The results of the research on the legal impacts of the prejudicial decision stating the invalidity of the determination of the suspect, including (1) The investigation can still be continued even though there has been a pre-trial decision stating the stipulation of the suspect is invalid, (2) If before the determination of the suspect is declared invalid by the pre-trial judge, the suspect has an investigation is carried out by the investigator, the Minutes of Examination or “Minutes of Examination” of the suspect becomes invalid, (3) Legal actions based on the results of the suspect's examination are considered invalid, (4) Legal actions that are not based on the results of the suspect's examination are still valid and (5) If the investigation is continued and the investigator is able to find the suspect, the investigator may re-determine the suspect. Then against the determination of the suspect, the suspect can still apply for a pre-trial again, and so on.]]>
