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All Journal Jurnal Jendela Hukum Jurnal Hukum Ekualitas 'Ibadatuna: Jurnal Pengabdian Masyarakat (PM)
Halimah Endang Widyaningsih
Universitas Muslim Indonesia
Law, Crime, Criminology & Criminal Justice

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Hakekat Beban Pembuktian Terbalik Terhadap  Pencucian Uang Di Indonesia Widhy Andrian Pratama; Halimah Endang Widyaningsih
Jurnal Hukum Ekualitas Vol 2 No 2 (2026): Jul-Des 2026
Publisher : PT. AORSA ADIVISI KAKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56607/0tnqgs83

Abstract

Money laundering is categorized as an extraordinary crime, so its prevention requires an unconventional approach in the form of extraordinary measures. The provisions of Article 69 of Law No. 8 of 2010, are a manifestation of this approach, by allowing the process of investigation, prosecution, and examination of cases in court to be carried out without having to first prove the original crime. The author conducted this research with a data-based approach through a literature study method. Data were collected through a review of various relevant sources, such as journals, books, articles, and similar references. Information from print and digital media related to the topic was also used as part of the research data. The approach in normative law focuses on efforts to understand the basics and scope of law as a system that reflects social reality. This study consists of two main elements, namely the analytical and normative dimensions, which together describe the fundamental nature of law. From this research, the author concludes that in money laundering cases, although the burden of proof generally rests with the defendant, this does not relieve the public prosecutor of the responsibility to prove that the assets charged are indeed derived from a criminal act. Therefore, the evidentiary process is a shared responsibility, with the defendant, investigator, public prosecutor, and judge each having a role commensurate with their respective responsibilities. The system of reversal of the burden of proof applied is limited or balanced, meaning that both parties, the public prosecutor and the defendant, bear a proportionate burden of proof. However, in practice, this principle is often not applied consistently, so the burden of proof remains based on the conventional system stipulated in the Criminal Procedure Code.
TANGGUNG JAWAB DEVELOPER YANG WANPRESTASI DALAM PERJANJIAN PENGIKATAN JUAL BELI PERUMAHAN Widhy Andrian Pratama; Halimah Endang Widyaningsih
Jurnal Jendela Hukum Vol 12 No 2 (2025): JENDELA HUKUM
Publisher : Fakultas Hukum Universitas Wiraraja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24929/jjh.v12i2.4663

Abstract

The implementation of landed house construction by developers still relies on conventional construction methods or on-site construction. This method is a construction technique that has long been known and widely used, and is supported by the availability of experts and construction service providers who are competent in planning and implementation. However, this method is not free from weaknesses, including uncertainty in determining the technical specifications of the building accurately. In addition, the implementation process also has the potential to experience increased costs, especially when disrupted by external factors such as uncertain weather conditions. This article uses a normative approach, which focuses on the analysis of law as a system of rules that are binding and serve as guidelines in community life. Therefore, the normative legal approach focuses on the analysis of positive law, legal principles and doctrines, legal interpretation in concrete cases, the structure of the legal system, harmonization of legal norms, comparative legal studies, and historical aspects of the legal system being studied. This research is descriptive-analytical. From this research, it can be concluded that the legal implications of the implementation of the pre-project selling system arise when business actors do not carry out their obligations as determined, so that it can cause objections or complaints from consumers if the results received are not in accordance with the agreement in the sale and purchase contract. In an agreement, a business actor is said to have made an achievement if he is able to carry out his obligations properly. Conversely, if he fails to carry out his responsibilities, then this condition is called a breach of contract. A breach of contract is a form of non-compliance with an agreement that has been agreed upon, and this gives the injured party the right to claim compensation as a form of accountability for the violation
PENYELESAIAN SENGKETA PERDATA MELALUI MEDIASI DI KELURAHAN TOMBOLO KECAMATAN SOMBA OPU Ayu Chairun Nisa Ayu Chairun Nisa; Djulya Eka Pusvita Djulya Eka Pusvita; Murdiono Murdiono; Arini Asriyani Arini Asriyani; Widhy Andrian Pratama Widhy; Halimah Endang Widyaningsih; Adis Nevi Yuliani Adis
'Ibadatuna : Jurnal Pengabdian Masyarakat Vol 4 No 01 (2025): Ibadatuna Januari 2025
Publisher : P3M Sekolah Tinggi Agama Islam Miftahul Ulum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55120/ibadatjurnal.v4i01.2142

Abstract

Mediation helps to rebuild trust, improve communication, and restore relationships that have been damaged by conflict. Research shows that mediation can provide significant improvements in employment relationships, reduce levels of conflict in the workplace, and contribute to increased productivity. The official implementation of mediation is rooted in social dynamics that reflect public dissatisfaction with the performance of the judiciary, which has so far acted as the only institution for resolving disputes. The implementation of Community Service (PKM) is an integral part of the implementation of the Tridharma of Higher Education carried out by lecturers from the Law Department, Faculty of Law, Syekh Yusuf Al-Makassari University, Gowa. This activity aims to provide real contributions through the provision of legal services in the form of legal assistance and assistance in order to provide direct benefits and have a positive impact on the community. This activity took place on Thursday, April 17, 2025, at Jalan, Paccalayya No. 1 Lingkungan Pa'bangiang, Gowa Regency, South Sulawesi. The main focus of this PKM activity is to provide direct legal assistance to people in need. From the results and outputs of community service, it can be concluded that legal mediation is a method of dispute resolution involving a neutral mediator and the disputing parties. This process emphasizes a collaborative approach and reduces hostility. The success of legal mediation is highly dependent on its ability to facilitate effective communication, create open dialogue space, and formulate solutions that are mutually acceptable to all parties involved
Co-Authors Adis Nevi Yuliani Adis Arini Asriyani Arini Asriyani Ayu Chairun Nisa Ayu Chairun Nisa Djulya Eka Pusvita Djulya Eka Pusvita Murdiono Murdiono Widhy Andrian Pratama Widhy Andrian Pratama Widhy Andrian Pratama Widhy