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Yusuf Wisnu Mandaya
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Faculty of Law Sultan Agung Islamic University Magister of Law, 2nd Floor Imam Asy Syafei Building, Faculty of Law, Sultan Agung Islamic University Jl. Raya Kaligawe Km. 4 Semarang
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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 279 Documents
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The Duties & Functions of the Internal Prosecutor's Intelligence Disclosing on Corruption Crime Iwan Mex Namara; Amin Purnawan; Ira Alia Maerani
Law Development Journal Vol 4, No 2 (2022): June 2022
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.4.2.%p

Abstract

The purpose of this paper is to find out, examine and analyze the duties and functions of the Public Prosecution Service in uncovering criminal acts of corruption. This research used a normative juridical method with research specifications in the form of descriptive analysis. Based on the discussion, it was concluded that Article 130 of the Decree of the Attorney General of the Republic of Indonesia Number: Kep– 225/A/JA/05/2003 stated that the Deputy Attorney General for Intelligence has the duty and authority to carry out judicial intelligence activities in the social, political, economic, financial, defense fields/security and public order to support law enforcement and justice policies, both preventive and repressive. In general, the handling of corruption cases has 3 roles, the first being in repressive efforts, namely by conducting investigations into criminal acts of corruption, second, in preventive efforts or prevention of criminal acts of corruption by forming the Guard and Security Team for Regional Government and Development (TP4D), and third, in the search for fugitives from the Prosecutor's Office or Court. Regarding the analysis of the Prosecutor's Intelligence, after the Task Order was issued and signed by the Head of the District Attorney's Office, the Intelligence Section of the Prosecutor's Office took a series of actions by making an Analysis of Targets (Ansas), Analysis of Tasks (Antug) and Targets of Operations (TO).
The Implementation of the Application of Law of Criminal Acts with Violence Dewi Indrasari; Siti Rodhiyah Dwi Istinah; Amin Purnawan
Law Development Journal Vol 4, No 1 (2022): March 2022
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.4.1.51-60

Abstract

The purpose of this study is to determine the implementation of the application of the law of criminal acts with violence in the Demak District Court. The approach method used is normative legal research which is descriptive analytical in nature with legal research that is carried out by examining library materials or secondary data as the basic material for research. Conclusions in the defendant's research in the decision of the judges of the Demak District Court sentenced to imprisonment for 1 (one) year 4 (four) months and pay court fees in the amount of IDR 3,000 (three thousand rupiah).The sanctions imposed by the Panel of Judges on the defendant are too light, in Article 365 of the Criminal Code the maximum period of time the defendant can be snared is 9 (nine) years.
The Study of Crime in the Process of Buying and Selling Land Plots Raden Yonanta Edy Pranawa; Siti Rodhiyah Dwi Istinah; Arpangi Arpangi
Law Development Journal Vol 4, No 2 (2022): June 2022
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.4.2.%p

Abstract

The purpose of this research is to examine, criminal acts in the process of buying and selling land plots in accordance with existing laws and regulations, where the approach method used is the normative juridical method. The conclusion from the following research results, that the problem of buying and selling land in plots does not cause problems when carried out in accordance with laws and regulations, where the sale and purchase of land by plots can only be carried out after the buyer has paid in full the parcel of land that has been purchased and has transferred the land to be the name of the New Land Buyer/Developer. Then the new developer checks the status of land use, makes a Site Plan that is submitted to the BPN, then processes the sale and purchase of land by plot at PPAT. If the sale and purchase does not comply with existing regulations, it will impact to regulation or the law which ruled on it. The police should focus on the case which connected with the criminal actor or corporation on it.
Implementation of Signature Validity On Electronic Documents in Proof Indonesian Civil Procedure Law Nurul Khotimatul Khusniyah; Widayati Widayati
Law Development Journal Vol 3, No 4 (2021): December 2021
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.3.4.767-773

Abstract

This study aims to identify and analyze the acknowledgment of signatures on an electronic document in the evidence of civil procedural law in Indonesia, and to find out and analyze the implementation of civil dispute resolution submitted by the parties by means of electronic documents signed with digital signatures. The method used in this research is to use an empirical juridical approach. Electronic documents, in this case digital signatures, can be used as evidence in court, which is an extension of the evidentiary law in Indonesia after the ITE Law, but only has the power of proof as an underhand deed not as an authentic deed. In the process of settling a lawsuit for civil proceedings through litigation media, it is carried out amicably first by means of a peace made by the party concerned without the assistance of an authorized official. Efforts to settle through non-litigation media can be carried out in three ways, including arbitration, negotiation, and mediation.
The Strict Liability by Corporate in Enforcement of Environmental Law Purnomo Wulandari; Sri Endah Wahyuningsih
Law Development Journal Vol 2, No 4 (2020): December 2020
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.2.4.477-488

Abstract

The purpose of this study is to determine and describe the strict liability of corporations in environmental law enforcement. The research method used is a normative juridical approach and is descriptive analytical in nature. The data used in this research is secondary data, which is obtained through literature study and analyzed to obtain qualitative data. The conclusion of this study is that strict liability is an accountability without an element of error, where the element of error does not need to be proven by the plaintiff as a basis for compensation payments. The perpetrator or polluter has sufficiently been declared responsible for pollution or environmental destruction, even though the perpetrator has not been found guilty. The concept of strict liability is indirectly an embodiment of legal protection for society, which is the part that has the potential to be harmed as a result of industrial activities carried out. Strict liability arrangements by corporations are stated in Article 88 of Act No. 32 Of 2009. The amount of compensation that can be imposed on environmental polluters or destroyers can be determined to a certain extent.
The Role of Regional Governments in Developing Draft of Regional Regulations Galuh Sekar Widjayanti; Arpangi Arpangi; Amin Purnawan
Law Development Journal Vol 4, No 2 (2022): June 2022
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.4.2.%p

Abstract

This study aims to understand the role of local governments in the preparation of the Ranperda, especially the Ranperda concerning Regional Public Water Supply Companies in the Jepara Regency area. In addition, it is also viewed from the perspective of Islamic law on the steps taken by the local government. This study uses an analytical-descriptive type of research, and uses a juridical-sociological approach. In accordance with the type and approach used, the types and sources of data are Primary Data and Secondary Data, with data collection methods used through interviews with related informants and literature studies in the form of statutory regulations and related literature books. The results of this study are that the role of local governments in the preparation of regional regulations is in accordance with the regional government laws, namely; has the right to submit Draft Regional Regulations, including in this case the Submission of Ranperda concerning Regional Public Drinking Water Companies in the Jepara Regency area.
Legal Analysis of the Participation of the Prosecutor Agency in Eradication of Narcotics Crime Henry Elenmoris Tewernussa; Arpangi Arpangi; Rakhmat Bowo Suharto
Law Development Journal Vol 4, No 3 (2022): September 2022
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.4.3.446-453

Abstract

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.
The Process of Investigation on Child Criminal Theft Committed Under Diversion Wahyu Ismail; Jawade Hafidz; Denny Suwondo
Law Development Journal Vol 4, No 2 (2022): June 2022
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.4.2.272-278

Abstract

The purpose of this research is to find out and analyze the process of investigating the crime of children committing theft which is not diverted. To find out and analyze the obstacles in the process of investigating the crime of children committing theft that is not diverted and the solution. The method used by the researcher isnormative legal approachandThe specifications in this study are descriptive.The sources and types of data in this study are secondary data obtained from library studies. Data analyzed qualitatively. Based on the results of the study thatThe Process of Investigating the Crime of Children Committing Theft That Wasn't Done Diversioni.e. investigators make summons, arrests, search bodies/houses, confiscate evidence, detain and file cases they handle. In addition, investigations of children who commit crimes of theft are carried out in a family atmosphere to children who carry out the investigation process. consideration or advice from community counselors or if necessary to educational experts, psychologists, psychiatrists, religious leaders, social workers and other experts in Cirebon Regency.The obstacle isThere is no Social Welfare Organization (LPKS), not all cases can be diverted and detention for investigation purposes too short. The solution is the Police Coordinates with the Government on LPKS, Investigators Provide Advice to Perpetrators and Victims, Police Conduct Workshops to Discuss the Juvenile Justice System Act.
The Legal Analysis of Age Limitations of Child Victims on Criminal Actions in Justice Perspective Sri Tatmala Wahanani; Ira Alia Maerani; Siti Ummu Adillah
Law Development Journal Vol 4, No 3 (2022): September 2022
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.4.3.416-422

Abstract

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.
The Reality of the Criminal Justice System in Independence of Law Enforcement Based on Pancasila Law System Lindu Aji Saputro; Siti Rodhiyah Dwi Istinah; Siti Ummu Adillah
Law Development Journal Vol 4, No 3 (2022): September 2022
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.4.3.364-372

Abstract

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.

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