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All Journal Jurnal Ilmiah Peuradeun SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam Journal of Education, Linguistics, Literature, and Art
Syahbandir, Mahdi
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Religion Arts Humanities Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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Confiscation of Corruption Asset in The Indonesian Legal System: A Study of Criminal Law in Aceh Syarafi, Teuku; Syahbandir, Mahdi
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 8, No 2 (2024): Samarah: Jurnal Hukum Keluarga dan Hukum Islam
Publisher : Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/sjhk.v8i2.20045

Abstract

Confiscation of individual assets for criminal acts of corruption is important in handling corruption cases, because it is a means of recovering state losses. The confiscation of wealth aims to minimize state losses, not only must it be carried out from the start of handling the case by freezing and confiscation, but it also absolutely must be carried out in cooperation with other countries, where the proceeds of crime are located. This article examines legal policies related to asset confiscation and their alignment with criminal objectives. This research aims to analyze the rules and principles that exist in legal science. This research uses normative juridical research methods, specifically studying legal systematics to understand the fundamental aspects of criminal law. The data collection technique used was document study in the form of laws and other legal regulations, then interviews with judges in Banda Aceh. The findings reveal that the policy of confiscating assets from individuals engaged in corrupt practices can be pursued through criminal procedures, such as asset tracing, freezing, confiscation, and return. Furthermore, civil proceedings carried out by state attorneys can also facilitate the asset confiscation process. The confiscation of assets is fundamentally aligned with the purpose of punishment. It is essential to trace the assets obtained through corruption starting from the investigation stage, in order to impose restitution as an additional penalty on the perpetrators. However, obstacles arise in the actual implementation of asset confiscation. For instance, assets may have been transferred abroad by the perpetrators after being incarcerated by the court. Therefore, new legislation is required to deal with this problem.
An analysis of the implementation of COVID-19 handling and control governments in Indonesia ZA, Safrizal; Maimun, Maimun; Syahbandir, Mahdi; Syamsulrizal; Hasan, Efendi
Journal of Education, Linguistics, Literature, and Art Vol. 2 No. 1 (2024): February 2024
Publisher : Institute of Education and Social Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62568/ella.v2i1.123

Abstract

The novel coronavirus has caused 6.85 million human deaths worldwide. The World Health Organization (WHO) says the coronavirus is here to stay, despite the declining trend of cases, but serious efforts are needed from all elements of society to end this global health crisis. Indonesia is one of the countries that is very consistent in suppressing the spread of the virus, one of the breakthroughs made is activating local government tools for prevention and serious handling. The purpose of this paper is to provide an overview of the Coronavirus prevention and handling model carried out by local governments throughout Indonesia. The results of this study prove that as many as 38 provinces with 415 districts in Indonesia have not been able to maximally implement the coronavirus prevention and handling model following the framework formulated by the Indonesian Ministry of Health, this is due to many factors, including; the work culture of the state apparatus, weak middle-level management, as well as weak monitoring and evaluation issues.
Imeum Mukim Advocacy in Prevention of Environmental Pollution in Aceh Jaya According to Customary and Islamic Law Syahbandir, Mahdi; MAZ, Dahlawi; Alqarni, Wais; Samad, Munawwarah
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 5, No 2 (2021): Samarah: Jurnal Hukum Keluarga dan Hukum Islam
Publisher : Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/sjhk.v5i2.10698

Abstract

This study aims to discuss the advocacy of imeum mukim in preventing environmental pollution in Aceh Jaya according to customary and Islamic law. The research is an empirical legal study, while the research approach is a case study approach, which is a study that analyzes a particular case. The theory used is the role and authority theory associated with customary and Islamic law. This study concludes that imeum mukim has a vital role and authority in Acehnese society because imuem mukim can resolve cases at the mukim level if it is unresolved at the village level. Then Imeum Mukim in Aceh Jaya has been advocating and socializing the prevention of environmental pollution by revitalizing customary rules, making qanuns at the mukim and village levels that accommodate the protection of the environment, for example, maintaining watersheds and prohibiting logging, including protecting certain animals. In addition, Imuem Mukim can also encourage CSR funds from companies to assist orphans, the poor, and environmental conservation. Furthermore, environmental pollution in the perspective of customary law is accommodated in customary rules and prohibitions. This is because customary law has philosophical, juridical, and sociological powers that have become living law. Meanwhile, in the perspective of the Islamic law that polluting the environment is a prohibition that brings God's wrath, it also destroys environmental sustainability and human benefit in general. On the other hand, preserving the environment is an obligation humans must carry out.
Assistance Task of the Indonesian National Army to the Police of the Republic of Indonesia (A Study of Legal Politics) Hasan, Mohammad; Faisal, Faisal; Syahbandir, Mahdi; Gaussyah, M; Fikarda, Andini
Jurnal Ilmiah Peuradeun Vol. 13 No. 3 (2025): Jurnal Ilmiah Peuradeun
Publisher : SCAD Independent

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26811/peuradeun.v13i3.1442

Abstract

According to Law No. 34 of 2004 Article 8, one of the responsibilities of the Indonesian National Armed Forces is to perform the defense-related functions of the land-based Indonesian National Army. Empowering the land-based defensive zone is one of the other jobs. This indicates that the Indonesian National Armed Forces are also tasked with maintaining public security within the context of ensuring the safety of all citizens in the context of Military Operations for War (OMP) and Military Operations Other Than War (OMSP) on land. Therefore, it makes sense that the Indonesian National Armed Forces and the Police, who serve as the main pillars of the country's defense and security, collaborate to carry out their respective missions. The engagement of the Indonesian National Armed Forces in supporting the Police is hampered by several circumstances. One of them is the difficulty in implementing the support duty into their work patterns because there are now no laws or regulations controlling it. Even yet, it is crucial to understand how the participation mechanism works, how far the limits of involvement are pushed, and the circumstances in which the police must request aid from the Indonesian National Armed Forces for their tasks. This paper tries to examine the legal politics of the Indonesian National Armed Forces' objective in Aceh job of providing aid to the police.
Co-Authors Alqarni, Wais Faisal Faisal Fikarda, Andini Gaussyah, M Hasan, Efendi Maimun Maimun Maz, Dahlawi Mohammad Hasan Samad, Munawwarah Syamsulrizal Syarafi, Teuku ZA, Safrizal