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All Journal JURNAL HUKUM Halu Oleo Law Review MIZAN Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab Case Law AKADEMIK: Jurnal Mahasiswa Humanis POLICY, LAW, NOTARY AND REGULATORY ISSUES (POLRI) Journal of Legal and Cultural Analytics (JLCA) SENTRI: Jurnal Riset Ilmiah Dharmawangsa: International Journal of the Social Sciences, Education and Humanitis ARMADA : Jurnal Penelitian Multidisiplin Jurnal Global Ilmiah Jurnal Riset Ilmiah Jurnal Penelitian dan Pengkajian Ilmiah Jurnal Sains, Ekonomi, Manajemen, Akuntansi dan Hukum
Chandra, Tofik Yanuar
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Analisis Yuridis Penggeledahan Paksa Handphone oleh Tim Patroli Kepolisian Purwanto, Eko Joko; Chandra, Tofik Yanuar; Paparang, Santrawan T.
Halu Oleo Law Review Vol 6, No 1 (2022): Halu Oleo Law Review: Volume 6 Issue 1
Publisher : Halu Oleo University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33561/holrev.v6i1.24293

Abstract

Penggeledahan adalah tindakan penyidik yang dibenarkan undang-undang untuk memasuki dan melakukan pemeriksaan di rumah tempat kediaman seseorang atau untuk melakukan pemeriksaan terhadap badan dan pakaian seseorang. Ketentuan hukum penggeledahan dalam hukum acara pidana terdapat pada Pasal 1 butir 17 dan 18 KUHAP merupakan penjelasan tentang apa yang dimaksud dengan penggeledahan; Pasal 5 (1) huruf b pasal 7 (1) huruf d pasal 11, pasal 32 dan pasal 37 KUHAP mengatur tentang kewenangan Penyidik/Penyidik Pembantu dalam hal penggeledahan; Pasal 33 KUHAP mengatur tentang syarat dan tata cara penggeledahan; Pasal 34 KUHAP mengatur tentang alasan penggeledahan tanpa izin dari ketua PN serta tindakan yang tidak diperkenankan; dan Pasal 36 KUHAP mengatur tentang pelaksanaan penggeledahan rumah di luar daerah hukum penyidik/penyidik pembantu. Begitu ketat dan kakunya aturan-aturan mengenai penggeledahan ini sehingga tim kepolisian tidak bisa sewenang-wenang dalam melakukan upaya penggeledahan paksa terhadap seseorang. Penelitian ini merupakan penelitian hukum yuridis normatif dengan pendekatan perundang-undangan (statute approach) dan pendekatan konsep (conceptual approach). Hasil penelitian ini yaitu penegak hukum khususnya penyidik dalam melakukan penggeledahan paksa handphone seseorang tidak bisa sewenang-wenang akan tetapi pelaksanaan penggeledahan tersebut harus didasari atau dilandasi oleh suatu peraturan perundang-undangan yang berlaku.
Penerapan Legitime Portie Ahli Waris Terkait Penerima Manfaat pada Polis Asuransi Jiwa: Perspektif Perlindungan Hukum Pangestika, Meitri Widya; Chandra, Tofik Yanuar
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 5 ISSUE 2, MAY 2024
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v5i2.43436

Abstract

Life insurance has become an important necessity for today's modern society. In Indonesia, there is life insurance. As humans, we face risks in everyday life. Risk is an event that will occur but the timing is unknown or uncertain. Therefore, people enter into insurance agreements to be able to transfer the risk to the insurer, or insurance company Where the life insurance agreement provides security and health and guarantees the life and property of a person who is insured in accordance with the provisions stipulated in the insurance agreement. In addition, a life insurance agreement allows the insurer to be queath his wealth to his heirs. The method used in this research is normative juridical research, that is, research of library law or secondary data with sources of primary, secondary and tertiary legal materials. The research approach used is an analytical approach and a technique of collecting legal materials carried out by means of an inventory of positive legal rules, book literature, journals and other sources of legal materials. For the technique of analysis of legal materials is carried out by performing grammatical, systematic, and methodological interpretations of legal constructions. From the results of the study, it was obtained that life insurance, liability has the right to cash payments before the death of the world since the insurance agreement between the liability and the insurer is closed. If the responsibility of the world dies, the connoisseur has this data right as a right to come. Therefore, we will turn to the heirs. Payment of money for life insurance constitutes a guarantee, according to Article 1320 of the Civil Code and Article 257 of the Criminal Code related to the opinion of Diephuis and Opzoomer.
Economic Opportunities of Offshore Banking and Regulatory Responses to Money Laundering Risks: A Comparative Study Chandra, Tofik Yanuar; Hossain, Mohammad Belayet; Zakhiri Md. Nor, Mohd; Abu Taher, Mohammad
Jurnal Hukum Vol 40, No 2 (2024): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v40i2.37115

Abstract

Offshore banking offers significant opportunities for foreign investment and economic growth in developing countries, particularly for free trade zones and industrial sectors. However, it also presents potential risks related to money laundering if Anti-Money Laundering (AML) regulatory frameworks are not properly established or reinforced. This research aims to explore the potential economic benefits of developing comprehensive regulatory frameworks for offshore banking in Indonesia, while also mitigating the risks of money laundering and financial crime. To achieve this, the research adopts a qualitative approach, utilizing a comparative method to analyze the offshore banking regulations of Malaysia, Bangladesh, and Indonesia. The findings reveal that Malaysia has been utilizing offshore banking since 1990 in Labuan, while Bangladesh is currently enacting the Offshore Banking Act (OBA) 2024. Indonesia’s AML framework, under Law No. 8 of 2010, has made progress, but challenges remain in its implementation, especially concerning offshore banking. The research highlights that while Malaysia and Bangladesh have established frameworks to regulate offshore banking, Indonesia still faces regulatory gaps, particularly in managing the risks of offshore financial activities. The implication is that while offshore banking holds potential, its regulation must be reinforced to prevent its use in money laundering activities, including through international cooperation.
ANALYSIS OF DEBTOR'S EFFORTS IN SETTLEMENT OR IMPLEMENTING CREDIT OBLIGATIONS DURING THE NON-NATURAL NATIONAL DISASTERS OF THE COVID-19 PANDEMIC Barus, Artanta; Chandra, Tofik Yanuar; Sinaulan, Ramlani Lina
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 1 No. 2 (2022): APRIL
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (356.617 KB) | DOI: 10.55047/polri.v1i2.178

Abstract

Due to Covid-19 pandemic many debtors unable to fulfill their obligations to creditors in a credit agreement. Such conditions rising the opinion and/or use the Covid-19 Pandemic as an excuse for debtor not to fulfill their obligations to creditors in a credit agreement on the grounds of forced circumstances (overmacht). This study aims to find out the debtor's efforts in settlement or implementing credit obligations during the non-natural national disasters of the covid-19 pandemic. The type of research used is normative legal studies, which are conducted through a process of legislation and regulatory evaluation. In terms of technique, scientifically normative legal science disclosure methods are constrained by deductive logic criteria. This study employed normative legal research methods. This method investigates law from an internal juridical standpoint, examining legal norms, legal conceptions, legal principles, and legal doctrines. The technique taken in this research is a legal and conceptual one, with primary and secondary legal material sources. The technique for collecting legal materials is to assess all books relevant to the subject of the research, and then compile them in a quantifiable and systematic manner. The findings highlight that with the prevailing laws and regulations due to the Covid-19 Pandemic, business actors are given legal certainty for business loans made in this case debtors, both individual debtors and business entity debtors, so that the impact of credit risk caused by the Covid-19 pandemic can be overcome properly and does not cause a debate over credit conditions during the Covid-19 Pandemic.
APPLICATION OF CRIMINAL SANCTIONS AGAINST CHILDREN AS A PERPETRATORS OF ABUSE THAT CAUSE DEATH FROM THE JUVENILE CRIMINAL JUSTICE SYSTEM PERSPECTIVE Lestari, Novita; Chandra, Tofik Yanuar; Paparang, Sanrawan
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 1 No. 3 (2022): JULY
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (395.772 KB)

Abstract

The main objective of this study is to describe the application of criminal sanctions against children who commit acts of abuse that result in death, as well as the legal protection from the viewpoint of the Juvenile Criminal Justice System. This study employs a normative juridical legal research research methodology; the technique used in this legal research is statutory, case-based, and conceptual approach. The study's study found that the legal regulation of children who commit violent crimes under the Criminal Code does not reflect an authentic understanding of what constitutes violence. Only in article 89 of the Criminal Code does it indicate that what constitutes committing violence causes individuals to faint or become helpless (weak). Along with Article 89 of the Criminal Code, Article 170 is one of the articles included in Book II on Crime's Chapter V headed "Crimes against Public Order." Consequently, the criminal conduct as defined in Article 170 is first and foremost a criminal act that violates or disturbs public order. Criminal responsibility for children who commit acts of physical violence that result in death is tied to the arrangement in Article 351 paragraph (3) of the Criminal Code, as criminal responsibility is imposed on children when the child is found to have fulfilled the criminal element through an error committed by the child, violence committed by the child, and victims who are victims of physical violence are known to have died at the time or after the physical violence was committed.
LAW ENFORCEMENT AGAINST FOREIGN FISHERMEN PERPETRATORS OF ILLEGAL FISHING CRIMES IN INDONESIA Ardiyansah; Chandra, Tofik Yanuar; Ismed, Mohamad
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 1 No. 3 (2022): JULY
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (197.216 KB) | DOI: 10.55047/polri.v1i3.320

Abstract

This study aims to analyze the legal provisions regarding the criminal act of illegal fishing in Indonesian laws and regulations and to analyze law enforcement against foreign fishermen who are perpetrators of illegal fishing in Indonesian marine areas. This research is a normative legal research by using the Statute Approach, Conceptual Approach, Comparative Approach and Case Approach. The data analysis method is done by descriptive analytical, which is to describe the results of research with data as complete and detailed as possible in handling illegal fishing crimes in Indonesian marine areas. The results of this study indicate that the legal provisions regarding the criminal act of illegal fishing in Indonesian laws and regulations are regulated in Law Number 45 of 2009 Amendment to Law Number 31 of 2004 concerning Fisheries, where if a suspect foreign citizen (WNA) is arrested, but the state of Indonesia does not yet have an agreement with the country from which the foreigner is from.
Penerapan Restitusi Sebagai Bentuk Perlindungan Hukum Terhadap Perempuan Korban Tindak Pidana Kekerasan Seksual Andayani, Rizki; Chandra, Tofik Yanuar; Candra, Mardi
CENDEKIA : Jurnal Penelitian dan Pengkajian Ilmiah Vol. 2 No. 2 (2025): CENDEKIA : Jurnal Penelitian Dan Pengkajian Ilmiah, Februari 2025
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/cendekia.v2i2.929

Abstract

Sexual harassment is a crime that often occurs in society. This problem can happen to anyone, especially adult women and children. Acts of violence range from sexual harassment to sexual assault such as rape. This research uses a qualitative research method which is an in-depth understanding of a social or cultural phenomenon, meaning it examines the principles and norms of law based on primary and secondary legal materials, focusing on the main issue of legal protection for victims of sexual violence and the application of restitution for victims. The approach used in this research is a statutory approach and a case approach. The analysis process begins by categorizing the data and analyzing it to find the principles of regulations in legislation by analyzing the content and interpreting primary legal materials according to their context at the time of their creation. The study found that victims of violent crimes against women have the right to receive restitution, as stated in Indonesian laws. Victims can request restitution before or after a court's final decision. However, this right is not absolute and can vary depending on the circumstances. The researcher analyzed three court cases and found inconsistencies. In two cases, victims received different amounts of restitution. In the third case, the victim did not receive restitution because they hadn't requested it. The judges in this case focused on following legal procedures rather than prioritizing the victim's protection
Penegakan Hukum Terhadap Notaris Pelaku Tindak Pidana Penggelapan Uang Pajak Bea Perolehan Hak Atas Tanah Dan Bangunan (Bphtb) Yolanda, Moch Andre; Chandra, Tofik Yanuar; Ismed, Mohamad
CENDEKIA : Jurnal Penelitian dan Pengkajian Ilmiah Vol. 2 No. 2 (2025): CENDEKIA : Jurnal Penelitian Dan Pengkajian Ilmiah, Februari 2025
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/cendekia.v2i2.959

Abstract

Law enforcement against notaries involved in the embezzlement of Land and Building Rights Acquisition Duty (BPHTB) aims to uphold justice and maintain the integrity of the notary profession. Notaries involved in BPHTB embezzlement violate criminal law and the professional code of ethics, making them subject to criminal and administrative sanctions. The law enforcement process includes investigation, prosecution, and court decisions carried out in accordance with applicable laws and regulations to ensure legal certainty and protect the rights of the parties involved. The research method used is normative juridical research, employing a statutory approach, case approach, conceptual approach, and analytical approach, based on primary, secondary, and tertiary legal materials. The legal material collection technique involves identifying and inventorying positive legal rules, while the legal material analysis technique used is grammatical and systematic interpretation. The research findings indicate that regulations regarding notaries receiving entrusted BPHTB funds for payment to the state treasury are not clearly stipulated in existing laws or regulations. However, if a notary receives authorization from a client to pay the tax, they are responsible for the entrusted funds as an agreeing party, not as a notary. This creates legal bias because the notary changes their role to an agreeing party, potentially causing public concern due to unclear legal protection. Law enforcement against notaries who commit BPHTB tax embezzlement refers to Articles 372 to 376 of the Indonesian Criminal Code (KUHP) on embezzlement, as the Notary Position Law (UUJN) does not explicitly regulate such offenses. Sanctions include imprisonment and fines under the Criminal Code, as well as professional sanctions ranging from written warnings to dishonorable discharge or license revocation by the Minister under the UUJN
KEPASTIAN HUKUM TERHADAP AKTA JUAL BELI TANAH YANG DIBUAT PPAT DILUAR DAERAH KERJANYA SERTA AKIBAT HUKUMNYA Yolanda, Berlian; Chandra, Tofik Yanuar; Halim, Anriz Nazaruddin
Case Law : Journal of Law Vol. 6 No. 1 (2025): Case Law : Journal of Law | Januari 2025
Publisher : Program Studi Hukum Program Pasca Sarjana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25157/caselaw.v6i1.4765

Abstract

The Land Deed Making Official (PPAT) is personally responsible for carrying out his duties and position in every deed making. This research aims to 1) the legal consequences of land sale and purchase deeds made by land deed making officials outside their work area and 2) legal certainty regarding sale and purchase deeds made by land deed making officials outside their work area using Soeroso's theory of legal consequences and Jan Michiel Otto's theory of legal certainty. The research method uses normative juridical. The research uses a statutory approach, case approach, analytical approach, and conceptual approach with types and sources of legal materials including primary and secondary. Data analysis techniques use systematic interpretation, grammatical interpretation and analogy legal construction techniques. Based on the research results, it can be concluded that basically the sanctions that can be imposed on PPATs who violate the PPAT Position Regulations or other statutory regulations are warnings, warnings, temporary dismissal, honorable dismissal, dishonorable dismissal. PPAT can be dishonorably dismissed. The Deed of Sale and Purchase issued by PPAT is a deed that is legally flawed because it does not comply with applicable procedures or regulations. The PPAT which made the AJB was not signed at the PPAT office because it was clear and clear that the AJB was legally flawed; The mistake made by PPAT was carrying out its obligations and duties carelessly and carelessly. As a public official with high dignity, he is required to always be careful and careful in carrying out every task and obligation he carries out. PPAT should be more careful and careful in issuing AJB.
PERLINDUNGAN HUKUM BAGI ORANG YANG TIDAK CAKAP BERTINDAK SECARA HUKUM TERKAIT DITOLAKNYA IZIN PERALIHAN HAK ATAS TANAH DAN BANGUNAN Kuspermadi, Raghil Abdul Muqsith; Marniati, Felicitas Sri; Chandra, Tofik Yanuar
Case Law : Journal of Law Vol. 6 No. 1 (2025): Case Law : Journal of Law | Januari 2025
Publisher : Program Studi Hukum Program Pasca Sarjana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25157/caselaw.v6i1.4781

Abstract

Legal capacity as a legal subject refers to the ability to possess rights and obligations under the law, thereby granting the authority to act. The transfer of land and building rights owned by individuals who are legally incapacitated must be carried out by a legally authorized representative with prior approval from the court. This research aims to address two key issues: the legal consequences of rejecting the transfer of land and building rights belonging to legally incapacitated individuals, and the legal protection available to them in such cases. The study employs a normative juridical research method, utilizing primary, secondary, and tertiary legal sources. The research approach includes statutory, case law, and analytical methods. Legal materials were gathered through documentation studies, and the legal analysis was conducted using grammatical and systematic legal interpretation. The findings indicate that court approval is essential for appointing a guardian or curator for legally incapacitated individuals, ensuring the protection of their rights. Additionally, the guardian or curator must obtain court approval before transferring or encumbering the land and buildings of the legally incapacitated individual. The court ruling serves as the legal basis for such transactions. It is recommended that parents, guardians, and curators systematically inventory the assets and financial requirements necessary for managing the affairs of legally incapacitated individuals. Furthermore, they should actively advocate for the rights of those under their care by taking appropriate legal measures.
Co-Authors Abu Taher, Mohammad Akbar, Muhammad Syarif Hidayatullah Aktanotaria, Ade Ananta, Dinur Wikra Andayani, Rizki Ardiyansah Barus, Artanta Basuki , Candra, Mardi Diana, Anisa Roshda Halim, Anriz Nazaruddin Hasibuan, Rando Vittoro Herdiana, Fransisca Hossain, Mohammad Belayet Ismed, Mohamad Kristiawanto, Kristiawanto Kurniawan, Yulianus Soni Kuspermadi, Raghil Abdul Muqsith Marniati, Felicitas Sri Marpaung, Berlian Maryano, Maryano Mau, Hedwig Adianto Megawaty, Octavia Rouli Novita Lestari, Novita Pangestika, Meitri Widya Paparang, Sanrawan Paparang, Santrawan T. Pratama, Dimas Satriawan Syah Purwanto, Eko Joko Riyadi, Trisno Saputro, Heri Joko Saragih, Handa Yusico Setiyawan, Aldi Rizky Shodiq, M. D. Siahaan, Pangihutan Sihombing, Finiel Handani Tumalona Sinaulan, Ramlani Lina Suryana, Cece Sutanto, Audrey Lucretia Tubalawony, Agnasia Marliana Yolanda, Berlian Yolanda, Moch Andre Zakhiri Md. Nor, Mohd