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Third Party Legal Remedies Against the Decision to Confiscate Goods Not Belonging to the Defendant in A Corruption Case (Case Study of Determination Number. 01/objection/Pid.Sus-TPK/2022/PN.Plg Jo. Number. 16/Pid.Sus-TPK/2022/PN.Plg) Defriansyah*, Andrie; Yusuf, Hambali; Salia, Erli; Mahfuz, Abdul Latif
Riwayat: Educational Journal of History and Humanities Vol 6, No 4 (2023): Educational, Historical Studies and Humanities
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/jr.v6i4.35075

Abstract

This paper examines the legal remedies that can be taken by third parties against the decision to seize goods that do not belong to the defendant in corruption cases. The focus is on objections to asset forfeiture decisions by the Palembang District Court. The method used is Normative Legal Research with a Descriptive-Analytical approach, utilizing Primary, Secondary, and Tertiary Legal Materials. Analysis is done qualitatively with deductive inference. The results show that a Good Faith Third Party can file a written objection to goods seized by the state. The owner or guardian of the goods must file an objection within two months after the verdict is pronounced. The Judge's consideration in giving the verdict is based on Supreme Court Regulation Number 2 of 2022, which regulates the procedure for resolving objections from third parties in cases of seizure of corruption assets. This research provides insight into the mechanism for protecting third party rights in the process of recovering state assets.
The Role of the Property Unit (Harda) in the Criminal Investigation Unit of the South Sumatra Police South Sumatra in Eradicating the Land Mafia in South Sumatra Mayangsari*, Riska; Yusuf, Hambali; Salia, Erli; Mahfuz, Abdul Latif
Riwayat: Educational Journal of History and Humanities Vol 6, No 4 (2023): Educational, Historical Studies and Humanities
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/jr.v6i4.34940

Abstract

This paper discusses the role of the Property Unit (HARDA) of the South Sumatra Police Criminal Investigation Unit in eradicating the existence of the land mafia in South Sumatra. The land mafia has become a serious threat to the order and justice of land ownership, resulting in legal uncertainty and harming the wider community. HARDA plays a critical role in identifying, investigating and taking legal action against perpetrators of the land mafia. Through in-depth interviews, documentation, and field data analysis, this research explores HARDA's strategies, methods, and challenges. The results showed that HARDA managed to identify and handle a number of cases effectively, but there were still obstacles in cross-sector coordination and limited resources. Recommendations were put forward to strengthen HARDA's capacity and enhance cooperation with other relevant entities to achieve more optimal results in eradicating the land mafia.
Problems in the Implementation of the Collection of Land and Building Acquisition Fees in the Process of Buying and Selling Land and Buildings in Lahat District Andriani*, Shelvita; Wardhana, Arief Wisnu; Holijah, Holijah; Mahfuz, Abdul Latif
Riwayat: Educational Journal of History and Humanities Vol 6, No 4 (2023): Educational, Historical Studies and Humanities
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/jr.v6i4.34552

Abstract

This paper examines Taxes, as a vital instrument of government, play a central role in revenue collection for public financing. The Tax on Acquisition of Rights on Land and Building (BPHTB) in Lahat Regency, which is regulated by Regional Regulation No. 3/2011, often experiences obstacles in its implementation and collection, especially for taxpayers. This research examines the obstacles in the collection of BPHTB, particularly in land and building sale and purchase transactions in Lahat Regency, using empirical legal research methodology and qualitative analysis. The main obstacles found are the dishonesty of taxpayers in recording transaction values, the lack of public awareness of taxation, the stability of the Tax Object Value (NJOP), and the lack of information on BPHTB payment procedures. This study suggests the need for increased socialization and law enforcement to optimize revenue from BPHTB and increase taxpayer compliance.
PENERAPAN RESTORATIVE JUSTICE DALAM PENANGANAN TINDAK PIDANA KEKERASAN OLEH ANAK: STUDI KASUS TAWURAN DI KOTA PALEMBANG Vinal, Diki; Saptawan, Ardiyan; Mahfuz, Abdul Latif
Jurnal Ilmiah Galuh Justisi Vol 13, No 2 (2025): Jurnal Ilmiah Galuh Justisi
Publisher : Universitas Galuh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25157/justisi.v13i2.18737

Abstract

Penanganan tindak pidana kekerasan yang melibatkan anak, khususnya dalam kasus tawuran, memerlukan pendekatan yang sensitif terhadap kebutuhan rehabilitasi dan reintegrasi sosial anak-anak tersebut. Artikel ini bertujuan untuk menganalisis penerapan Restorative Justice (RJ) dalam penanganan kasus tawuran yang melibatkan anak-anak di Kota Palembang. Melalui pendekatan kualitatif, penelitian ini mengeksplorasi peran RJ dalam memfasilitasi penyelesaian sengketa antara pelaku dan korban, serta dampaknya terhadap perubahan perilaku anak sebagai pelaku tindak kekerasan. Metode penelitian yang digunakan mencakup wawancara mendalam dengan aparat penegak hukum, lembaga perlindungan anak, serta pihak terkait lainnya yang terlibat dalam implementasi RJ. Hasil penelitian menunjukkan bahwa RJ memberikan peluang bagi pelaku untuk memahami akibat dari tindakannya serta memperbaiki hubungan dengan korban, namun dihadapkan pada tantangan dalam hal penerimaan masyarakat dan keterbatasan sumber daya yang tersedia. Penelitian ini menyarankan agar strategi RJ lebih dipromosikan dan dilengkapi dengan pelatihan yang memadai bagi semua pihak yang terlibat untuk mendukung implementasinya secara efektif dalam konteks penanganan tawuran oleh anak-anak
Exploring the Motivations Behind Borrowing Company Names in Construction Service Auctions: A Case Study in Jambi Province Afianto, Vicky; Wardhana, Arief Wisnu; Mahfuz, Abdul Latif
Jurnal Ilmu Hukum Kyadiren Vol 6 No 2 (2025): Jurnal Ilmu Hukum Kyadiren
Publisher : PPPM, Sekolah Tinggi Ilmu Hukum (STIH) Biak-Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46924/jihk.v6i2.249

Abstract

The government’s procurement of goods and services is a critical component in supporting the implementation of development initiatives in Indonesia, particularly within government agencies. This study examines the factors that drive the practice of borrowing company names in construction consultant service auctions in Jambi Province. Using a normative legal method, the study seeks to identify the motivations behind the involvement of individuals or business entities in such practices. The findings reveal several contributing factors, including the lack of or inconsistency in obtaining a Construction Service Business Entity Certificate (SBU), limited capital, the desire to leverage a well-known name, efforts to avoid the legal process, and ignorance or negligence of legal requirements. Additionally, the misuse of registered names and reliance on established company reputations emerge as significant motivations.
Faktor Yang Mempengaruhi Penegakan Hukum Tindak Pidana Korupsi Pada Tingkat Banding Di Pengadilan Tinggi Palembang Isisu, Septika Intan; Hayatuddin, Khalisah; Mahfuz, Abdul Latif
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 5 No. 2 (2023)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v5i2.2919

Abstract

This paper describes the high court as one of the pillars of law enforcement, including law enforcement against corruption, which rarely gets attention in scientific works or research. The research method used is juridical and empirical research methods. This can be seen from the lack of discussion in scientific works and research related to appeal cases in court at the High Court. The formulation of the problem to be studied is what are the factors that influence law enforcement against corruption at the Appeal Level at the Palembang High Court. Based on the results of the research and discussion of the subject matter, it can be concluded that the factors that influence law enforcement against corruption at the Appeal Level at the Palembang High Court include: legal factors, such as the authority of the panel of judges at PT in deciding cases only 3 or 4 times the trial only, referring to SEMA No. 2 of 2014 that the decision of the panel of judges may not last more than 3 months; Law enforcement factors, such as the workload of Judges at the Palembang High Court are quite heavy, even during a pandemic they have to resolve an average of 300 cases in one year; Facility factors, such as office facilities, courtrooms, means of communication and others; Community factors, such as opinions that develop in society which are usually expressed through the mass media; Cultural factors, such as being attached to the rule of law and the rule of ethics, sometimes make the profession of a judge a lonely profession, being on top of an ivory tower, and even having a house on the wind.
Pelaksanaan Perlindungan Hukum Kontrak Kerja Tenaga Kesehatan di Lingkungan Dinas Kesehatan Kota Palembang Desrina, Desrina; Emirzon, Joni; Suatmiati, Sri; Mahfuz, Abdul Latif
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 5 No. 2 (2023)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v5i2.3446

Abstract

The purpose of this paper explains the increase in honorary or contract personnel to support the performance of civil servants, especially in the context of public services in local governments. Public services are closely related to the community, and contract labor plays an important role in realizing maximum service. The focus of this research is on the implementation of employment contracts and legal protection for health workers at the Palembang City Health Office. This research uses normative research methods with a focus on regulations and written legal materials. Data collection techniques are carried out through documentation, involving data collection through documents related to research problems. The document includes primary, secondary, and tertiary legal materials. Data analysis is carried out in depth and comprehensively with an analytical descriptive approach to answer problems in research. The analysis is carried out by considering the variation of data and the basic nature of the data that is not easily quantified, as well as thorough and holistic. The results showed that the work implementation agreement at the Padang Tuesday Health Center was a form of a certain time work agreement, with valid regulations and conditions based on Article 1320 of the Civil Code. However, the laws and regulations on which the legal basis for the appointment of contract workers do not specifically address the legal rights and protections for contract workers, indicating that there are loopholes that must be addressed.
Pelaksanaan Perjanjian Kerjasama Antara Rumah Sakit Umum Daerah Palembang Bari dengan PT. Asuransi Inhealth Kesehatan Apriadi, Ruly; Sa, Romli; Hayatuddin, Khalisah; Mahfuz, Abdul Latif
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 5 No. 2 (2023)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v5i2.3452

Abstract

The purpose of this paper This research focuses on the implementation of cooperation between Palembang BARI Regional General Hospital (RSUD) and PT. Health Inhealth Insurance in the context of health services and the provision of drugs for insurance participants. Normative legal research methods with e-explanatory approach are used, with a legal approach and a concept approach to investigate how cooperation agreements are implemented and what obstacles are faced. Secondary data are taken as sources of information and analyzed using qualitative data analysis techniques. The results show that the cooperation agreement has fulfilled the provisions in Article 1320 of the Civil Code, but there are several obstacles in its implementation. These obstacles include the difficulty of changing the standard clauses of the agreement, the lack of specific regulations on the implementation of cooperation agreements, and the lack of online integration between the hospital system and PT. Health Inhealth Insurance. This research hopes to help improve the quality of cooperation between health care facilities and insurance companies.
Perlindungan Hukum Keselamatan Kerja di PT Pertamina RU III Plaju dalam Proyek Kilang Minyak Nugraha, Abyan; Wardhana, Arief Wisnu; Kasra, Helwan; Mahfuz, Abdul Latif
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 5 No. 2 (2023)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v5i2.3488

Abstract

The purpose of this article is to examine legal protection for the safety of PT Pertamina Refinery Unit III Plaju workers in the oil refinery project agreement and the legal consequences of termination of employment. The method is normative with secondary data as the main source. The results show that worker safety protection is in accordance with the law, including the provision of protective equipment such as protective clothing, safety shoes and head protection. However, its implementation is not optimal because many workers are not aware of the importance of safety. If employment is terminated, workers are entitled to compensation in accordance with article 165 of the Employment Law. They get severance pay, long service awards and other rights with a certain nominal value. Workers are also considered creditors whose payments take precedence, giving them a priority position in claims.
Analisis Hukum Proses Pergantian Antar Waktu (PAW) Anggota DPRD Kabupaten Empat Lawang Terkait Pelanggaran AD/ART Partai Politik Reza, Mehmed; Salia, Erli; Saptawan, Ardiyan; Mahfuz, Abdul Latif
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 5 No. 2 (2023)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v5i2.3770

Abstract

The purpose of this paper is that Time Between Time Switching (PAW) is a mechanism in the representative system to replace board members who resign, die, or are dismissed. This research focuses on legal analysis of the PAW process of members of the Four Lawang Regency DPRD who are involved in violations of the Articles of Association / Bylaws (AD / ART) of political parties. The method used is normative legal research with a statutory and case approach. The results showed that the PAW process due to violations of political parties' AD/ART refers to applicable regulations but often causes controversy. This is due to the vagueness of the definition of "violation" in AD/ART and how it is enforced. In addition, the internal political dynamics of parties and the interests of various parties often influence the PAW process, which is supposed to be neutral and objective. In conclusion, there needs to be further revision and clarification regarding the definition of violations in AD/ART as well as a firmer and more transparent law enforcement mechanism to ensure the integrity and accountability of members of the Four Lawang Regency DPRD.