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All Journal JURNAL HUKUM Halu Oleo Law Review Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab IBLAM Law Review Case Law AKADEMIK: Jurnal Mahasiswa Humanis 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 Advances In Social Humanities Research Jurnal Riset Ilmiah Jurnal Penelitian dan Pengkajian Ilmiah Jurnal Sains, Ekonomi, Manajemen, Akuntansi dan Hukum Mizan: Journal of Islamic Law Qiyas : Jurnal Hukum Islam dan Peradilan
Chandra, Tofik Yanuar
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Penerapan Pidana Tambahan Pembayaran Uang Pengganti Dalam Tindak Pidana Korupsi Guna Mewujudkan Keadilan Herdiana, Fransisca; Chandra, Tofik Yanuar; Shodiq, M. D.
CENDEKIA : Jurnal Penelitian dan Pengkajian Ilmiah Vol. 2 No. 4 (2025): CENDEKIA : Jurnal Penelitian Dan Pengkajian Ilmiah, April 2025
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/cendekia.v2i4.1169

Abstract

One way to return lost state money is to impose additional penalties in the form of replacement payments. This effort is to provide income to the state treasury from the results of replacement payments from corruption convicts. This study focuses on discussing the case of the Application of Additional Criminal Penalties in the Form of Replacement Payments in Corruption Crimes in accordance with the provisions regarding replacement penalties in Article 18 of Law Number 31 of 1999 concerning the Eradication of Corruption. The formulation of the problem raised in this study is how the procedure for implementing replacement payments in corruption crimes and how to apply additional replacement penalties in corruption crimes in order to realize justice. In this study, the author uses the theory of justice and the theory of criminal law. The research method used is a normative legal approach. This study uses a statute approach and a case approach which in principle originates from primary legal materials consisting of laws and judges' decisions, secondary legal materials consisting of books, research results, articles and tertiary legal materials from libraries, articles and websites. The legal material analysis technique uses grammatical interpretation techniques. The results of this study are that the Procedure for implementing replacement money in corruption cases is regulated in the Attorney General's Letter Number B-845/F/Fjp/05/2018, which regulates the stages of implementing court decisions, including the execution of additional criminal penalties in the form of an obligation to pay replacement money. Simultaneously with the issuance of the Court Decision Execution Order (P-48), the Head of the District Attorney's Office also issues an Asset Search Order (P-48A) to track the convict's assets. If the convict pays replacement money, the executing prosecutor provides a receipt (Form D-3) and hands over the money to the treasurer to be deposited into the state treasury within 1x24 hours. However, if within one month after the decision has permanent legal force the replacement money has not been paid, the prosecutor is obliged to confiscate the convict's property for execution. The application of additional criminal penalties for replacement money itself is regulated in Article 18 of Law No. 31 of 1999 in conjunction with Law No. 20 of 2001, which is generally accompanied by subsidiary penalties. In order to realize justice and optimize state financial recovery, it is better if the replacement money punishment is not accompanied by a subsidiary so that the perpetrators of corruption have no choice but to pay the replacement money. The suggestion in this study is to improve state financial recovery through replacement money, it is necessary to strengthen international cooperation in tracing assets from corruption hidden abroad in order to support the effectiveness of intelligence prosecutors in tracking assets. In addition, in the short term it is recommended that the Supreme Court issue a Circular Letter that makes the payment of replacement money a condition for obtaining remission and conditional release, so that perpetrators of corruption cannot avoid or choose to serve imprisonment as an alternative to paying replacement money
LAW ENFORCEMENT ON CONFISCATION OF CORPORATE ASSETS AS AN EFFORT TO RECOVER STATE FINANCES IN CRIMINAL ACTS OF CORRUPTION Tubalawony, Agnasia Marliana; Chandra, Tofik Yanuar; Kristiawanto, Kristiawanto
Dharmawangsa: International Journal of the Social Sciences, Education and Humanitis Vol 6, No 2 (2025): Social Sciences, Education and Humanities
Publisher : Universitas Dharmawangsa Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46576/ijsseh.v6i2.7339

Abstract

Asset forfeiture in corruption is an important legal enforcement instrument that aims not only to punish perpetrators but also to recover state financial losses. Perpetrators of corruption crimes are not only individuals but also corporations, both legal and non-legal entities. The research problems in this study are: how the regulation of corporate asset forfeiture as an effort to recover state financial losses in corruption crimes is formulated and how the enforcement of corporate asset forfeiture is carried out as a means of recovering state financial losses in corruption crimes. The theories employed in this study include law enforcement theory and asset forfeiture theory. This research applies a normative juridical method with an approach based on legislation, legal doctrines and relevant case studies. The results show that corporate asset forfeiture is a strategic measure which has to be a priority in the law enforcement agenda against corruption. Although Indonesia already has several legal instruments governing asset forfeiture, in reality, the implementation is still hindered by various challenges, such as regulatory, institutional and inter-agency coordination. Law enforcement often emphasizes the ultimum remedy approach, resulting in criminal sanctions against corporations to be overlooked and replaced by administrative sanctions. In fact, criminal prosecution of corporations is not only important as the state's measure to penalize crime, but also serves to restore state financial losses through seizure and confusion of illegal profits. This study recommends strengthening regulations through the enactment of the Asset Forfeiture Bill, enhancing the capability of law enforcement officers in understanding the concept of corporate crime and establishing a special agency to handle asset forfeiture professionally and transparently.
EFEKTIVITAS PENERAPAN  REHABILITASI TERHADAP PELAKU TINDAK PIDANA NARKOTIKA DI INDONESIA Riyadi, Trisno; Chandra, Tofik Yanuar; Paparang, Santrawan T.
SINERGI : Jurnal Riset Ilmiah Vol. 2 No. 8 (2025): SINERGI : Jurnal Riset Ilmiah, Agustus 2025
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/sinergi.v2i8.1638

Abstract

Narcotics crime is an extraordinary offense that has serious impacts on individuals, society, and the state. In its handling, there has been a paradigm shift from repressive approaches to rehabilitative ones, particularly for addicts or narcotics abusers. This study aims to analyze the effectiveness of the rehabilitation implementation for narcotics crime perpetrators in Indonesia, based on the current legal framework, particularly by comparing the old Penal Code (Law No. 1 of 1946) with the new National Penal Code (Law No. 1 of 2023), as well as Law No. 35 of 2009 concerning Narcotics. This research adopts a normative juridical method with statutory, case, conceptual, and analytical approaches. The data were obtained from primary, secondary, and tertiary legal materials and analyzed using legal interpretation and legal construction methods. The study examines the types of rehabilitation applied in Indonesia, both medical and social, including case studies such as the decisions involving Tri Retno Prayudati (Nunung) and Reza Pardede (Coki Pardede), which demonstrate the varied application of rehabilitation among similar offenders. The main findings reveal that although rehabilitation is formally accommodated in national regulations, its implementation remains suboptimal. Obstacles such as inconsistent understanding among law enforcement officers, limited rehabilitation facilities, and the lack of clear parameters to distinguish users from dealers hinder effective enforcement. The disparity in treatment among narcotics offenders remains high, as illustrated by the case of Nunu Nurhayati, who received a prison sentence without rehabilitation. This study applies restorative justice theories from Howard Zehr and Tony Marshall, emphasizing the restoration of social relationships and individual recovery over punishment, as well as effectiveness theories from Soerjono Soekanto and Lawrence M. Friedman to evaluate the legal policy's effectiveness. The study concludes that applying rehabilitation to narcotics offenders is more in line with the principles of restorative justice and human rights protection. Therefore, the state needs to strengthen the legal foundation and technical implementation of rehabilitation and shift the paradigm among law enforcers and society to view addicts not as criminals, but as individuals in need of recovery.
PERTANGGUNG JAWABAN PIDANA KORPORASIPELAKU TINDAK PIDANA KORUPSIDALAM TATA KELOLA NIAGA KOMODITAS DI INDONESIA Saragih, Handa Yusico; Chandra, Tofik Yanuar; Paparang, Santrawan T.
SINERGI : Jurnal Riset Ilmiah Vol. 2 No. 8 (2025): SINERGI : Jurnal Riset Ilmiah, Agustus 2025
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/sinergi.v2i8.1639

Abstract

This study examines the issue of corporate criminal liability in corruption cases occurring within the governance of Indonesia’s commodity trade sector. Corruption in this sector is marked by its complexity, often involving strategic national commodities such as mining products, plantation outputs, and state-managed funds. These offenses are frequently not committed directly by individuals but instead facilitated and executed through corporate entities that function as primary perpetrators or instruments of organized crime. Corporations, beyond being legal entities, possess internal systems capable of structuring and concealing illegal activities through collective decision-making mechanisms. The research aims to identify specific forms of corruption committed by corporations in commodity governance and to analyze how criminal liability can be applied to these legal entities. The study employs a normative juridical method with statutory, case, and conceptual approaches. It focuses on four major court decisions: the Jiwasraya case (Joko Hartono Tirto), the Asabri case (Maj. Gen. (Ret.) Adam Rachmat Damiri), the illegal tin export case (Harvey Moeis), and the illegal land acquisition case involving Surya Darmadi and Duta Palma Group. Findings reveal eight primary forms of corruption within this context: price mark-ups, manipulation of export/import quotas, falsification of production data and documents, collusion in vendor appointments using fictitious partners, concealment of illicit proceeds, illegal exports without permits, unauthorized land control, and evasion of financial obligations such as taxes, royalties, and non-tax state revenues (PNBP). Corporate liability may be established through the identification theory, vicarious liability, and strict liability principles, in line with Supreme Court Regulation No. 13 of 2016 and Article 20 of the Indonesian Penal Code (KUHP Nasional). The study concludes that criminal law enforcement must move beyond punishing individuals to targeting the corporate structures that enable systemic corruption. A structural and policy-oriented approach to corporate criminal liability is essential to ensure deterrence and promote integrity in national commodity governance
PERLINDUNGAN HUKUM TERHADAP KORBAN TINDAK PIDANA PERDAGANGAN ORANG DALAM HUKUM PIDANA Sihombing, Finiel Handani Tumalona; Chandra, Tofik Yanuar; Basuki, Basuki
SINERGI : Jurnal Riset Ilmiah Vol. 2 No. 8 (2025): SINERGI : Jurnal Riset Ilmiah, Agustus 2025
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/sinergi.v2i8.1710

Abstract

Human Trafficking is the act of recruiting, transporting, harboring, sending, transferring, or receiving a person by means of threats of violence, use of violence, kidnapping, confinement, forgery, fraud, abuse of power or vulnerable position, debt bondage or giving payments or benefits, so as to obtain the consent of a person who holds control over another person, whether carried out within the country or between countries. The formulation of the problem in this study is How is the Legal Protection for victims of the Crime of Human Trafficking and How is the Criminalization of the Crime of Human Trafficking in Criminal Law. The theory used in this study is the theory of Legal Protection and the theory of Criminalization. The method used in this research is a normative juridical research type, namely library legal research or secondary data with primary, secondary, and tertiary legal material sources. The research approaches used are the statutory approach, case approach, analytical approach, and conceptual approach. The legal material collection technique is carried out by identifying and inventorying positive legal regulations, book literature, journals, and other legal material sources. The legal material analysis technique is carried out by legal interpretation (interpretation), grammatical interpretation, and systematic interpretation.The research findings show that legal protection for victims of human trafficking, based on Law Number 21 of 2007, regulates the protection of victims of human trafficking as an important aspect of law enforcement. Furthermore, Article 48 provides for restitution for victims, but its implementation still faces various obstacles. Specifically, the victim's right to restitution lacks procedures that simplify the restitution application process and the provision of substitute fines for convicts. Many perpetrators' sentences are still not appropriate in practice, with court sentences often falling far below the maximum penalty. This creates a gap between legal norms and their implementation, and leads to dissatisfaction and a sense of injustice for victims. Criminal penalties tend to be minimal, and some are below the minimum.
PERTANGGUNGJAWABAN PIDANA PELAKU TINDAK PIDANA PENGGELAPAN DALAM JABATAN DARIPERSPEKTIF HUKUM PIDANA INDONESIA Akbar, Muhammad Syarif Hidayatullah; Chandra, Tofik Yanuar; Ismed, Mohamad
SINERGI : Jurnal Riset Ilmiah Vol. 2 No. 8 (2025): SINERGI : Jurnal Riset Ilmiah, Agustus 2025
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/sinergi.v2i8.1738

Abstract

Indonesia, as a state based on the rule of law as stipulated in Article 1 paragraph (3) of the 1945 Constitution of the Republic of Indonesia, obliges every citizen to uphold the law without exception. In the context of criminal law, the principle of legality as stated in Article 1 paragraph (1) of the Indonesian Criminal Code (KUHP) establishes that an act can only be punished if it is regulated by law. One of the most common criminal offenses is embezzlement in office as regulated in Article 374 of the KUHP, which constitutes an aggravated form of ordinary embezzlement under Article 372 of the KUHP. This offense is often committed by individuals holding positions or employment relations, both in the private and public sectors, who abuse their authority to unlawfully control goods or money. This research aims to analyze the criminal act of embezzlement in office and the criminal liability of its perpetrators from the perspective of Indonesian criminal law. The study employs a normative juridical research method with statutory, case, conceptual, and analytical approaches. Data were obtained through library research consisting of primary, secondary, and tertiary legal materials, and analyzed using grammatical and systematic interpretation techniques. The findings show that the application of Article 374 of the KUHP in practice often encounters sentencing disparities, where court verdicts tend to be lighter than the prosecutors’ demands. This disparity is evident in several court decisions examined, in which sentence reductions were based on subjective considerations such as the defendant’s cooperative attitude, restitution of losses, and social background. Normatively, the criminal liability of perpetrators of embezzlement in office must be based on the principle of legality, conformity with statutory elements, and evidentiary processes in court. However, in practice, there is a gap between the theoretical framework of criminal law and its implementation, indicating the need for consistent law enforcement to ensure legal certainty and justice
Pertanggungjawaban Pidana Notaris atas Pembuatan Akta yang Memuat Keterangan Palsu dan Akibat Hukumnya Aktanotaria, Ade; Halim, Anriz Nazaruddin; Chandra, Tofik Yanuar
AKADEMIK: Jurnal Mahasiswa Humanis Vol. 5 No. 3 (2025): AKADEMIK: Jurnal Mahasiswa Humanis
Publisher : Perhimpunan Sarjana Ekonomi dan Bisnis

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37481/jmh.v5i3.1651

Abstract

Notarial deeds are designed to serve as strong legal evidence, ensuring certainty and preventing disputes. However, in practice, deeds sometimes contain false statements, raising questions about their legal consequences and the extent of notary liability. This study aims to examine the criminal liability of notaries who intentionally include false information in authentic deeds and to analyze the resulting legal impacts. The research applies a normative juridical method, using a legislative and case approach. Legal materials were collected through statutory analysis, literature, academic journals, and relevant judicial decisions, then examined by grammatical and systematic interpretation. The findings reveal that deeds containing false information are legally null and void. If proven to have acted intentionally, notaries may be held criminally liable under the Indonesian Penal Code, particularly Articles 263 and 266, with penalties including imprisonment. In addition to criminal sanctions, notaries may also face civil liability for unlawful acts and administrative sanctions such as suspension or dismissal imposed by supervisory authorities. This research highlights the importance of strengthening prudential principles, ethical compliance, and supervisory mechanisms to safeguard the integrity of the notarial profession and ensure legal certainty.
Legal Protection for Buyers for the Purchase of Inheritance Land Which the Master Certificate Has Not Been Split Suryana, Cece; Marniati, Felicitas Sri; Chandra, Tofik Yanuar
Journal of Legal and Cultural Analytics Vol. 4 No. 3 (2025): August 2025
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v4i3.15354

Abstract

Land is a significant asset with economic, social, and legal value. This study examines the purchase of inherited land whose parent certificate has not been subdivided and the legal protection available to buyers. The research applies a normative legal method with a qualitative juridical approach, using literature studies, case analysis, and interviews with relevant parties such as land deed officials, notaries, and buyers. The study highlights that such transactions carry legal risks due to unclear object definitions under Article 1320 of the Civil Code. Legal protection for buyers is possible if conducted in good faith, administrative obligations are fulfilled afterward, and officials perform professionally. Proper legal procedures are strongly recommended to ensure legal certainty.
Penegakan Hukum terhadap Anggota TNI Pelaku Tindak Pidana Penganiayaan yang Menyebabkan Kematian Ananta, Dinur Wikra; Chandra, Tofik Yanuar; Marpaung, Berlian
ARMADA : Jurnal Penelitian Multidisiplin Vol. 2 No. 3 (2024): ARMADA : Jurnal Penelitian Multidisplin, Maret 2024
Publisher : LPPM Sekolah Tinggi Ilmu Ekonomi 45 Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55681/armada.v2i3.1244

Abstract

Bidang pertahanan bertugas menjaga kedaulatan, keutuhan wilayah, serta keselamatan dan martabat Indonesia, sebagaimana diatur dalam Undang- Undang Nomor 34 Tahun 2004 tentang Tentara Indonesia. Militer Indonesia, atau Tentara Nasional Indonesia (TNI), memiliki fungsi tersebut. Meski demikian, anggota TNI, dalam pelaksanaan tugasnya, dapat melanggar aturan. Penelitian ini mengeksplorasi penegakan hukum terhadap anggota TNI yang terlibat dalam tindak pidana penganiayaan fatal, seperti kasus Jusni (Putusan Perkara No. 161-K/PM II- 08/AD/VIII/2020). Rumusan masalah mencakup mekanisme penegakan hukum dan sanksi pidana terhadap anggota TNI yang terlibat dalam tindak pidana penganiayaan fatal. Penelitian ini mengadopsi teori penegakan hukum dan teori pemidanaan sebagai alat analisis. Metode penelitian yang digunakan yaitu dengan pendekatan hukum yuridis normatif. Penelitian ini menggunakan pendekatan penelitian Undang-Undang (statute approach) dan pendekatan kasus (case approach) yang pada prinsipnya bersumber dari bahan hukum primer terdiri dari undang-undang dan putusan hakim, bahan hukum sekunder terdiri buku-buku, hasil-hasil penelitian, artikel serta bahan hukum tersier perpustakaan, artikel dan website. Teknik analisis bahan hukum menggunakan teknik interpretasi gramatikal. Penelitian ini menyimpulkan bahwa penegakan hukum terhadap anggota TNI yang melakukan tindak pidana penganiayaan fatal tidak berbeda jauh dengan proses hukum berdasarkan KUHAP. Meskipun diatur oleh Undang-Undang No. 31 Tahun 1997 tentang peradilan militer, tindak pidana penganiayaan masih merujuk pada KUHP karena tidak diatur dalam KUHPM. Sanksi pidana bagi anggota TNI pelaku penganiayaan tidak melebihi ancaman hukuman Pasal 351 KUHP, sejalan dengan tujuan pembinaan militer yang lebih menekankan rehabilitasi daripada hukuman balasan. Hukuman diberikan untuk efek jera, mencegah ulangan tindakan, dan memungkinkan kembalinya pelaku ke dinasnya setelah pembebasan.
LEGALITAS PERUBAHAN TUNTUTAN PADA JAWABAN PENUNTUT UMUM ATAS PLEDOOI TERDAKWA DARI PERSPEKTIF HUKUM ACARA PIDANA. Prawira, Danang Yudha; Chandra, Tofik Yanuar; Ismed, Mohamad
SENTRI: Jurnal Riset Ilmiah Vol. 3 No. 2 (2024): SENTRI : Jurnal Riset Ilmiah, February 2024
Publisher : LPPM Institut Pendidikan Nusantara Global

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55681/sentri.v3i2.2303

Abstract

In making the prosecution letter, apart from being based on evidence to assess the trial facts which support the criminal act committed by the Defendant, the Public Prosecutor also refers to the prosecution guidelines. Even though the prosecution guidelines have been determined both in the Criminal Procedure Code and in the Attorney General's Guidelines Number 24 of 2021 concerning Handling of General Crime Cases, there is no discussion regarding the mechanism for changing the charges either immediately after reading the charges or after the Defendant or his Legal Counsel read the defense (pleidooi). The legal theory used is the Theory of Legal Certainty and the Theory of Prosecution Authority. The research method used in this research is a normative juridical approach which is supported by empirical juridical with detailed descriptions, namely a research that begins deductively with an analysis of the articles in statutory regulations related to the Legality of Changes to Claims in the Public Prosecutor's Answer to the Defendant's Pledooi from a Legal Perspective Criminal Procedure. Apart from that, premier data is also used as supporting legal material for secondary data. The legal material analysis technique used is a normative juridical method which aims to provide a prescriptive study with interpretive analysis. The research results show that legal capacity in Law no. 8 of 1980 concerning the Criminal Procedure Code which is implemented in the form of the Principle of Legality in formal criminal law (nullum iudicium sine lege) has been distorted due to changes in the substance of the demands by the Public Prosecutor in the Karawang District Court criminal case Number 256/Pid.Sus/ 2021/PN Kwg, which previously charged the defendant with imprisonment, now demands acquittal. The prosecution is not in line with the provisions of Article 3 of the Criminal Procedure Code which states that trials are carried out in the manner regulated in this law. The authority of the Prosecutor in the event that the Public Prosecutor changes the substance of the charges in the Karawang District Court criminal case Number 256/Pid.Sus/2021/PN Kwg, which previously charged the defendant with imprisonment to demand acquittal has not been accommodated by the Criminal Procedure Code. This is caused by the logical consequences of the provisions of Article 139 of the Criminal Procedure Code. In this provision, the Criminal Procedure Code has from the start given the authority to the Public Prosecutor to determine whether the case file meets the requirements to be able to be transferred to the Court or not. The Public Prosecutor is obliged to hand over the case to the Court with a request to immediately try the case. This is in line with the principle of actori incumbit onus probandi which is known in criminal evidence law.Top of Form
Co-Authors Abu Taher, Mohammad Akbar, Muhammad Syarif Hidayatullah Aktanotaria, Ade Ananta, Dinur Wikra Andayani, Rizki Basuki , Candra, Mardi Diana, Anisa Roshda Fitrian, Achmad Hajairin 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 Mouri, Victhor Muhammad Mustofa Pangestika, Meitri Widya Paparang, Santrawan T. Pratama, Dimas Satriawan Syah Prawira, Danang Yudha Purwanto, Eko Joko Ramadhan, Jefri Riyadi, Trisno Rosa, Yenny Saputro, Heri Joko Saragih, Handa Yusico Setiyawan, Aldi Rizky Shodiq, M. D. Sihombing, Finiel Handani Tumalona Siregar, Roy Andi Sopiyanto, Sopiyanto Suryana, Cece Sutanto, Audrey Lucretia Tubalawony, Agnasia Marliana Yolanda, Berlian Yolanda, Moch Andre Zakhiri Md. Nor, Mohd