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All Journal YUDHISTIRA : Jurnal Yurisprudensi, Hukum dan Peradilan Rechtsvinding Journal of Creative Power and Ambition (JCPA)
Muhammad Islahuddin
Universitas Nurul Jadid
Arts Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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Non-Conviction Based Asset Forfeiture (NCBAF) as an Asset Recovery Instrument in Indonesia: Juridical Analysis and Justice Perspective Wahyudi Wahyudi; Muhammad Islahuddin
Rechtsvinding Vol. 4 No. 2 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1991

Abstract

The confiscation of assets resulting from criminal acts is an important instrument in supporting the eradication of crime oriented to economic profit. This research focuses on a juridical analysis of the Non-Conviction Based Asset Forfeiture (NCBAF) mechanism as an instrument of asset forfeiture without a criminal verdict and its relevance in realizing justice in the Indonesian legal system. The purpose of the study is to analyze the legal basis, implementation mechanism, and potential of NCBAF in supporting the effectiveness of asset recovery. This research uses normative legal methods with laws and regulations, conceptual, and case approaches. Data were obtained through literature studies on primary, secondary, and tertiary legal materials, then analyzed qualitatively by descriptive-analytical methods. The results show that NCBAF has a normative foundation in UNCAC, UNTOC, and FATF recommendations, but has not been comprehensively regulated in the Indonesian legal system. The implications of the study confirm the need for special regulations regarding NCBAF to strengthen the effectiveness of asset recovery while ensuring legal certainty, protection of property rights, and the principle of due process of law.
A Juridical Analysis of Mediation in the Resolution of Land Disputes Based on Regulation of the Minister of Agrarian Affairs and Spatial Planning/National Land Agency (ATR/BPN) Number 21 of 2020 Muhammad Farid Hariyanto; Muhammad Islahuddin
Journal of Creative Power and Ambition (JCPA) Vol. 4 No. 02 (2026): Journal of Creative Power and Ambition (JCPA)
Publisher : CV Edujavare Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70610/jcpa.v4i02.1880

Abstract

Land disputes remain a recurring legal issue in Indonesia and require effective resolution mechanisms that promote peaceful settlement while ensuring legal certainty for the parties involved. One available mechanism is mediation, as regulated under Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency (ATR/BPN) Number 21 of 2020 concerning the Handling and Resolution of Land Cases. This study aims to analyze the legal framework governing mediation in land dispute resolution under the regulation and to assess the extent to which it provides legal certainty for disputing parties. This research employs a normative juridical method using a statutory and conceptual approach. Primary, secondary, and tertiary legal materials were collected through library research and analyzed qualitatively using a deductive approach. The findings indicate that Regulation Number 21 of 2020 clearly regulates the position of mediation, the parties involved, the mediator, mediation procedures, and the legal consequences of mediation outcomes. The regulation also reflects key principles of Alternative Dispute Resolution, including voluntariness, deliberation, party participation, mediator neutrality, and consensus-based settlement. Therefore, the regulation provides a clear legal framework that supports legal certainty and encourages effective and peaceful resolution of land disputes.
Analisis Yuridis Pembentukan Koperasi Desa dan Kelurahan Merah Putih sebagai Instrumen Pemberdayaan Ekonomi Masyarakat Efrilia Yusri; Muhammad Islahuddin
YUDHISTIRA : Jurnal Yurisprudensi, Hukum dan Peradilan Vol. 4 No. 2 (2026): Juni
Publisher : Cv. Kalimasada Group

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59966/yudhistira.v4i2.2754

Abstract

The Merah Putih Village and Sub-district Cooperative (KDKMP) is a government policy directed at strengthening the community economy through cooperative institutions based on the principles of family values, mutual cooperation, and economic self-reliance. The establishment of KDKMP is part of efforts to empower the economy of village and sub-district communities, yet its implementation requires an assessment of the suitability of its legal basis, formation mechanism, and legal standing within the Indonesian legal system. This study aims to analyze the juridical basis for the establishment of KDKMP and examine its position as an instrument of community economic empowerment. The method used is normative legal research with a statute approach and a conceptual approach, employing primary, secondary, and tertiary legal materials analyzed qualitatively and systematically. Research findings indicate that the establishment of KDKMP is grounded in Article 33, Paragraph (1) of the 1945 Constitution, Law Number 25 of 1992 concerning Cooperatives, and Presidential Instruction Number 9 of 2025. KDKMP serves as an instrument for community economic empowerment by expanding economic access, enhancing business self-reliance, and strengthening local economic potential. The study also identifies a need to strengthen regulations and institutional frameworks to ensure legal certainty and support the optimal implementation of KDKMP.
Co-Authors Efrilia Yusri Muhammad Farid Hariyanto Wahyudi Wahyudi