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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 Responsibilities of the Directors of the Limited Liability Company to the credit of PT. Putera Daya Perkasa based on Act No. 40 of 2007 concerning Limited Liability Companies Khairiyyah Annisa Someren Brand; Budi Santoso
Law Development Journal Vol 5, No 2 (2023): June 2023
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.5.2.232-239

Abstract

The purpose of this study is to determine the position, role and responsibilities of the directors of a limited liability company in relation to credit in Indonesia, and to find out if there is an abuse of the authority of a limited liability company by directors who take refuge and like to take advantage of the weaknesses of the applicable laws and regulations. The limited liability company has obtained the status of a legal entity, meaning that liability is limited to the company's assets, but to avoid having company management in running the company deviate from the rule of law, the result is formulated that Act No. 40 of 2007 concerning Limited Liability Companies, in principle adheres to limited liability principle. Provisions in Article 3 paragraph (1). Limited responsibility for each board of directors.
The Legal Implications Due to Default by the Debtor on a Car Loan Agreement with Fiduciary Guarantee Wieke Dewi Suryandari; Hono Sejati
Law Development Journal Vol 5, No 2 (2023): June 2023
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.5.2.150-161

Abstract

The purpose of this study is to determine and analyze: 1) The legal position of the strength of a car loan agreement with a fiduciary guarantee for creditors and debtors at Commerce International Merchant Bankers (CIMB) 2) The juridical implications of default by the debtor on a car loan agreement with a fiduciary guarantee at Commerce International Merchant Bankers (CIMB) . The approach method used in discussing this research problem is a sociological juridical approach. The research specification used is descriptive analytical research. This type of data uses primary and secondary data. The data analysis method used in this research is qualitative data analysis. The results of the study concluded: 1) The legal position of the strength of the car loan agreement with fiduciary guarantees for creditors and debtors at Commerce International Merchant Bankers (CIMB) is included in the construction of an anonymous agreement (Innominaat), as far as the contents of the agreement have met the legal requirements (1) of the Civil Code which states that an agreement made legally applies as the law that made it, the CIMB Finance consumer financing agreement, 2) The juridical implication due to default by the debtor on a car loan agreement with a fiduciary guarantee at Commerce International Merchant Bankers (CIMB) is that the creditor does not get the fulfillment of his rights that should be obtained by the existence of the agreement. When the debtor defaults, the thing that will be done by the creditor to get the debt repaid is to sell the object that is guaranteed by the debtor. Another legal consequence of this default is that the Customer may be subject to Article 372 of the Criminal Code regarding embezzlement with a criminal offense imprisonment for a maximum of four years, then Article 36 of Act No. 42 of 1999 concerning Fiduciary Guarantees carries a maximum penalty of 2 years.
Act No. 6 of 2023 Effect on Management Authority of Coastal Areas and Small Islands Ade Gunawan; Amiek Soemarmi
Law Development Journal Vol 5, No 2 (2023): June 2023
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.5.2.240-255

Abstract

The presence of the state in people's lives today can be found in various sectors of life in society. The emergence of the notion of the welfare state requires that the state intervene in efforts to realize the welfare of its people. One of the fields in which the state is present in efforts to realize the welfare of its people is the management of Coastal Zone and Small Islands. The utilization and management of water resources in the Coastal Zone and Small Islands have undergone developments in line with changes in the legal framework. This research which uses normative juridical research methods with a statutory approach, discusses the development of regulations regarding the basis for the management and utilization of water resources in the Coastal Zone and Small Islands. The results of the study show that the differences in the basic forms of utilization and management of water resources in the Coastal Zone and Small Islands from what was originally in the form of rights to permits and changed back to business permits and the differences in parties having the authority to grant these rights have significant implications.
The Sustainable Development Planning Based on Spatial Policy in Demak Regency Sri Kusriyah; Aryani Witasari
Law Development Journal Vol 5, No 2 (2023): June 2023
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.5.2.162-180

Abstract

This research aims to find out how the implementation of the Regional Spatial Planning Policy in sustainable development planning, to find out how the process of permitting the use of spatial planning for development in Demak Regency. The method used in this paper is to use the normative juridical writing method, with the main data being secondary data in the form of documents related to the implementation of regional spatial planning policies in development planning and the process of permitting spatial use for development in Demak Regency, the data were analyzed by qualitative analysis with provide an interpretation of the data that has been collected. The results of the discussion show that 1) Sustainable development planning as outlined in the RPJMD is prepared based on the RPJPD. The preparation of the RPJMD also uses the RTRW as a reference for directing the location of activities and compiling development programs related to the use of space and areas, so that development is carried out in accordance with what has been planned in the RTRW. 2) The process of granting permits for development related to spatial and regional planning in the Demak Regency is carried out by the Public Works and Spatial Planning Office for the Demak Regency, abbreviated as Dinparu, has the task of assisting the Regent in carrying out government affairs in the field of public works and government affairs in the spatial planning sector which are the regional authority and co-administration assigned to the region. Dinputaru in the field of Spatial Planning encourages the public to use the online single submission (OSS) system in submitting suitability for spatial use activities (KPPR).
The Important Role of the Land Bank Concept in Perspective Land & Agrarian Law in Indonesia Yahman Yahman
Law Development Journal Vol 5, No 2 (2023): June 2023
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.5.2.256-270

Abstract

This study aims to determine the laws and regulations closely related to land bank regulations and how to harmonize land bank regulations in UUCK and Land Bank RPP against these laws and regulations. The research method used is normative legal research with a qualitative approach. This research refers to the Statute Approach to analyze laws and regulations related to Land Bank regulations and analyze the harmonization of Land Bank regulations against other laws and regulations, especially in the Land and Spatial Planning field. The results of this study are related to the rules and regulations on the implementation of land banks, among others, namely, Act No. 5 of 1960 concerning Basic Regulations of Agrarian Principles, Act No. 41 of 2009 concerning Protection of Sustainable Food Agricultural Land, Act No. 2 of 2012 concerning Land Acquisition for Development in the Public Interest, Act No. 26 of 2007 concerning Spatial Planning, Government Regulation of the Republic of Indonesia Number 11 of 2010 concerning the Control and Utilization of Abandoned Land, Presidential Regulation Number 86 of 2018 concerning Agrarian Reform, and there is harmonization and disharmonization of the articles of Land Bank regulation in the UUCK and Land Bank RPP against several other related laws. Regarding the practice of land banks, the Government needs to view cumulative justice, which lies in the equal opportunities that all people have to own Land, especially landless farmers, through land redistribution, the flagship program of land banks.
The Legal Protection against Emergency Contacts Made Unilaterally in Online Loans Chrestella Hana Griselda; Zil Aidi
Law Development Journal Vol 5, No 2 (2023): June 2023
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.5.2.181-191

Abstract

The financial development is a pattern of creating new financial instruments in new financial technologies and markets. Financial technology is an innovation in the field of financial services through a touch of modern technology. One example of this innovation is the existence of an online loan company. The purpose of this study is to find out how legal protection is for emergency contacts whose data is listed unilaterally which is misused by online lenders and find out how third party responsibility manifests as an emergency contact in online loans. The type of research used is the type of juridical-normative research. The type of legal material used is secondary legal material.
Implications of Government Regulation Number 34 of 2021 Concerning the Use of Foreign Workers for Local Workers in South Tapanuli Regency in Siyasah Perspective Raja Loya Jirga Raja Loya Jirga; Irwansyah Irwansyah
Law Development Journal Vol 5, No 2 (2023): June 2023
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.5.2.271-183

Abstract

This law research aims to find out what the government's policy is regarding the use of foreign workers according to Government Regulation Number 34 of 2021, find out what the policies are for the benefit of foreign workers in the South Tapanuli district, and examine what is the implications of using foreign workers for local workers, concerning needs for professional experts and the need for technologies that help work processes more effectively and efficiently. The research method used in this writing is a juridical-empirical one that is descriptive-analytical, namely the author explains systematically concerning the facts with their implementation process, which is supported by data obtained from the South Tapanuli Regency Manpower Office, then analyzed by describing word for word systematically to find answers to problems.
The Responsibilities of the Board of Directors of a Limited Liability Company for Workers Who Have Work Accidents Alya Rihadatul Aisy; Aminah Aminah
Law Development Journal Vol 5, No 2 (2023): June 2023
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.5.2.192-208

Abstract

This study aims to determine the fulfillment of responsibilities in legal protection efforts given by Limited Liability Companies (Directors) to workers who experience work accidents. The formulation of the research problem looks at the responsibilities and rights possessed by workers, as well as the obligations of the Limited Liability Company in guaranteeing its workers who experience work accidents as well as those who are not registered for employment guarantees and death benefits. The research used is the Normative Juridical research method. While the conclusion from this study is that the directors are responsible for the management of a limited liability company, morally entrepreneurs have an obligation to increase protection, and the company is obliged to provide guarantees to workers so that the risks of harm and potential for risks in the work environment and the rights and obligations of each party are fulfilled. It needs to be known as a form of protection for all workers to fulfill company obligations and workers' rights, and maintain and avoid things that are not desirable in the future by providing a sense of security in the form of adequate facilities and employment guarantees to all employees/workers.
The Analysis of Indonesian Electronic Transaction Tax (ETT) Under WTO Law Taufiq Adiyanto
Law Development Journal Vol 5, No 2 (2023): June 2023
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.5.2.209-231

Abstract

The existing international tax system, which is regulated by two fundamental principles—source- and residence-based principle, is no longer adequate for regulating corporate and digital service taxation. Act No. 2 of 2020 provides a legal basis for the imposition of Electronic Transaction Tax (ETT) on electronic commerce conducted by foreign merchants, foreign service providers, and/or foreign trade, which meet the provisions of having a significant economic presence such as Google, Amazon, Facebook, and Apple (GAFA). With the unilateral measure by Indonesia, it can be considered as having created a new tax policy outside the tax treaty and becoming an issue of a trade war between countries. Regarding Indonesia's GATS obligations, there is potential for an ETT to violate the obligations of national treatment and MFN. However, such tax can be justified under available exceptions in GATS if Indonesia conducts certain legal adjustments on ETT design.

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