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All Journal SALAM: Jurnal Sosial dan Budaya Syar-i Pena Justisia: Media Komunikasi dan Kajian Hukum Community Development Journal: Jurnal Pengabdian Masyarakat POLITICA: Jurnal Hukum Tata Negara dan Politik Islam Jurnal Locus Penelitian dan Pengabdian Journal Evidence Of Law POLICY, LAW, NOTARY AND REGULATORY ISSUES (POLRI) SENTRI: Jurnal Riset Ilmiah SEIKAT: Jurnal Ilmu Sosial, Politik dan Hukum Jurnal Indonesia Sosial Sains ARMADA : Jurnal Penelitian Multidisiplin Kultura: Jurnal Ilmu Sosial dan Humaniora Blantika : Multidisciplinary Journal Jurnal Global Ilmiah Jurnal Inovasi Global Jurnal Multidisiplin Indonesia Jurnal Riset Ilmiah Jurnal Penelitian dan Pengkajian Ilmiah SEIKAT: Jurnal Ilmu Sosial, Politik dan Hukum Ulil Albab Themis: Jurnal Ilmu Hukum
Ismed, Mohamad
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Journal : Jurnal Riset Ilmiah

 1 
PENERAPAN PEMENUHAN HAK RESTITUSI TERHADAP ANAK KORBAN TINDAK PIDANA KEKERASAN DEMI KEPASTIAN HUKUM Tarigan, Diego Pratana; Shodiq, MD; Ismed, Mohamad
SINERGI : Jurnal Riset Ilmiah Vol. 2 No. 1 (2025): SINERGI : Jurnal Riset Ilmiah, Januari 2025
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/q3e83712

Abstract

Child Victims of Violence are entitled to Restitution for the loss of a crime, The legal application of the fulfillment of the Right to Restitution has been proven in the decision of the panel of judges, in the implementation of the restitution charged, the perpetrator cannot pay restitution, Restitution is regulated by Law No. 35 of 2014 concerning Child Protection, Government Regulation No. 43 of 2017 concerning the Implementation of Restitution for Children who are Victims of Crime. The legal theories used are Legal Certainty Theory and Child Protection Theory. The research method used in this research is a normative juridical approach which is carried out as an effort to obtain the necessary data related to the problem. Data used with secondary data and tertiary legal materials. In addition, primary data is also used as a supporter of secondary data legal materials. For data analysis, a qualitative juridical analysis method is used. The results of the study that the application of the law to fulfill the restitution rights of child victims of violence in the form of a judge's decision in this case the perpetrator is unable to make restitution payments, therefore from the results of further research the legal rules for fulfilling restitution rights need to be revised to add phrases contained in article 21 of the regulation.
DISPARITAS PUTUSAN HAKIM DALAM PENJATUHAN PIDANA UANG PENGGANTI TERHADAP TERDAKWA TINDAK PIDANA KORUPSI Wibowo, Agus Ari; Franciska, Wira; Ismed, Mohamad
SINERGI : Jurnal Riset Ilmiah Vol. 2 No. 2 (2025): SINERGI : Jurnal Riset Ilmiah, February 2025
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/sinergi.v2i2.888

Abstract

The disparity in money substitutes reflects the empirical reality in the Indonesian justice system, namely how judges factually make decisions by considering various aspects, including juridical and sociological considerations. The research method used in this research is a normative juridical approach which is carried out as an effort to obtain the necessary data related to the problem. Data used with secondary data and tertiary legal materials. In addition, primary data is also used as a supporter of secondary data legal materials. For data analysis, a qualitative juridical analysis method is used. The results of the study that the implementation of money substitutes in corruption is based on Article 17 juncto Article 18 of law no. 31 of 1999 jo. UU No. 20 of 2001 and Perma No. 5 of 2014. Disparity in the decision of the judge in the imposition of criminal money substitutes can occur because the law only regulates the minimum and maximum limits without details of the type and severity of punishment, the absence of sentencing guidelines for judges, as well as differences in the flow of law adopted in passing the verdict.
PENERAPAN TINDAK PIDANA PENIPUAN DAN PENGGELAPAN DALAM PELAKSANAAN PERJANJIAN PENGELOLAAN LIMBAH INDUSTRI Santoso, Budi; Maryano, Maryano; 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.v2i8.1666

Abstract

  This phenomenon frequently occurs in cooperative practices between industrial companies and waste management operators, where business actors fail to fulfill their contractual obligations, such as not processing waste in accordance with established procedures, concealing essential facts, or abusing trust for personal gain. Such actions may be classified as the criminal offense of fraud as stipulated in Article 378 of the Indonesian Criminal Code (KUHP) and embezzlement under Article 372 of the KUHP.The research problems in this study are: (1) How is the application of the criminal offenses of fraud and embezzlement in the implementation of industrial waste management agreements? and (2) How are legal protection measures provided to the aggrieved party in the execution of such agreements?The research method employed is normative juridical, using statutory, conceptual, and case approaches. The results of the study indicate that although an agreement constitutes a civil legal relationship, if there is malicious intent (mens rea) from the outset, such conduct may be brought into the realm of criminal law. Furthermore, law enforcement against perpetrators may be pursued through criminal proceedings by law enforcement authorities, while victims may seek remedies through both criminal and civil legal channels as forms of legal protection.This study contributes to strengthening legal certainty and legal protection for parties involved in non-B3 waste management agreements, as well as serving as a preventive measure against crimes detrimental to the environment and society. The core analysis of this study focuses on material losses, the object of the agreement (non-B3 waste), and the ownership of waste materials in accordance with the contractual terms.
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 KORPORASI PELAKU TINDAK PIDANA PEMBAKARAN HUTAN DAN LAHAN UNTUK KEPENTINGAN PERKEBUNAN SAWIT DI INDONESIA Sopiyanto, Sopiyanto; Chandra, Tofik Yanuar; Ismed, Mohamad
SINERGI : Jurnal Riset Ilmiah Vol. 1 No. 8 (2024): SINERGI : Jurnal Riset Ilmiah, Agustus 2024
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/nsg4bx11

Abstract

The background of the problem in this study is where forest and land burning, especially for the interests of palm oil plantations in Indonesia, is a disaster that can harm and endanger human life and the sustainability of the existing ecosystem, law enforcement is considered ineffective against corporations as perpetrators of forest and land burning crimes so that improvements need to be made. The Indonesian Criminal Code has not regulated sanctions against corporations that commit forest and land burning crimes, so that special laws relating to the environment can be applied. The problem in this study is how to enforce the law against perpetrators of forest and land burning crimes and how to be held criminally responsible for corporations that commit forest and land burning crimes. The theories used in this study are First, the theory of Criminal Responsibility and the second is the theory of Law Enforcement according to Lawrence M. Friedman. The results of this study are that the evidence to ensnare a Corporation as a suspect can use the theory of absolute liability, the theory of vicarious liability, the theory of identification. And law enforcement against corporations committing forest and land burning crimes in Indonesia is considered ineffective, this is due to the weakness of the law enforcement apparatus itself consisting of the Police, Prosecutors and Courts so that improvements are needed both in terms of quantity and quality
PERLINDUNGAN HUKUM PEMEGANG HAK ATAS TANAH TERHADAP PERBUATAN MELAWAN HUKUM TERBITNYA SERTIFIKAT GANDA Limbong, Hansen Alfian; Atmadja, Dhody.AR.Widjaja; Ismed, Mohamad
SINERGI : Jurnal Riset Ilmiah Vol. 1 No. 11 (2024): SINERGI : Jurnal Riset Ilmiah, November 2024
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/f4ykfc92

Abstract

The guarantee of legal certainty regarding land rights has been regulated in Law Number 5 of 1960 concerning Basic Regulations on Agrarian Principles (UUPA). Especially in Article 19 of the UUPA in ensuring legal certainty, the Government holds land registration throughout Indonesia and the issuance of proof of land rights, namely Certificates. In reality, disputes or legal cases often arise over the issuance of double certificates on the same land plot issued by the local Land Office which results in losses for land rights holders. The formulation of the problem in this study is how the civil responsibility of the land office for the double certificate dispute and how to protect the legal protection of the land right holder for the double certificate dispute. The type of research used in this study is normative juridical with a legislative, conceptual, and case approach. The source of legal materials in this study is secondary data consisting of primary, secondary, and tertiary legal materials using the technique of collecting legal materials, namely literature studies.  The result of this study is the civil responsibility of the land office for court decisions that have permanent legal force for dual certificate disputes, namely recording and/or changing the recording of certificates that are declared valid and/or do not have legal force. There is no compensation in material form from the Land Office to the holder of land rights whose certificate has been declared valid by a court decision that has permanent legal force. Legal protection of land rights holders in a dispute over multiple certificates can be carried out by canceling one of the certificates made by the authorized Head of the Land Office and/or the aggrieved party files a civil lawsuit on the basis of unlawful acts through the competent district court in accordance with the applicable legal provisions.
ALTERNATIF PERTANGGUNGJAWABAN PIDANA TERHADAP PELAKU TINDAK PIDANA KORUPSI DENGAN KERUGIAN KEUANGAN NEGARA BERJUMLAH KECIL Anugerah, Listakeri S.; Kristiawanto, Kristiawanto; Ismed, Mohamad
SINERGI : Jurnal Riset Ilmiah Vol. 2 No. 3 (2025): SINERGI : Jurnal Riset Ilmiah, Maret 2025
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/sinergi.v2i3.1012

Abstract

Alternative criminal liability that can be provided to the perpetrators of corruption in the event of State losses caused by a small amount but meeting some of the characteristics presented by the researcher. In Indonesia, there have been many examples of corruption cases where the state's financial losses are small, but they are still continued to trial. The imposition of imprisonment on perpetrators of corruption is currently considered no longer effective in providing a deterrent effect on the perpetrators. Basically, the victim of corruption is the state. The state which in this case experiences losses of state assets makes the state the sole victim who must be given justice as a manifestation of the purpose of the law. The state as a victim with the result of the loss of state assets, in the long term also causes misery for the community. The method used in this study This study uses descriptive analytical research, which is carried out with the main aim of providing an objective picture or description of a situation. With a statute approach, case approach, conceptual approach, analytical approach, normative juridical approach. The research results recommend alternative responsibilities that will be imposed on perpetrators of corruption crimes amounting to small state financial losses as long as they meet the classifications that have been studied by the Researcher. The results of this study that on the impact of corruption practices on a small scale on the quality of handling cases for law enforcement and the quality of sentencing the perpetrators, as well as the recovery of State losses so that the state that has been harmed as a victim regain their rights that have been taken away by the perpetrators. Through the analysis of the literature and the study of several cases presented by the author, this thesis also identifies common patterns that occur, causal factors, as well as suggestions for handling them.
Co-Authors Abdullah, Zulfirman Akbar, Muhammad Syarif Hidayatullah Akkapin, Supaphorn Akkapin, Suphaporn Ali Imron Anugerah, Listakeri S. Ardiyansah Arif Budiman Atmadja, Dhody.AR.Widjaja Ayulina, Jennitri Azhry, Izmi Latifah Basuki , Basuki , Basuki Candra, Tofik Yanuar Chandra, Tofik Yanuar Diastu, Ketut Dwi Budi Santoso Erwinda Emran, Nevertiti Firman, Zul Fitrian, Achmad Franciska, Wira Hedwig Heri Susanto Hutomo, Putra Irawan, Cendy Janas, Anferdi Junginger, Abigail A. J. Karinda, Frans Jomar Kencanawati, Erny Kristiawanto, Kristiawanto Limbong, Hansen Alfian Lina, Ramlani Luter, Albertus Marbun, Lukas Pardamean E. Marniati, Felicitas Sri Martien, Dhoni Maryano, Maryano Mau, Hedwig A Mega Mustika Megawaty, Octavia Rouli Meilando, Ari Muhamad, Fadel Munzir, Marinov Nainggolan, Marsudin Nasseri, Jelly Paparang, Santrawan Prastya, Tegar Pratama, Dimas Satriawan Syah Prawira, Danang Yudha Putra, Sapta Adi Putri, Nurhayu Handayani Ramadhan, Jefri Sanjaya, Titus Adhi Saputra, Adji Sarapi, Virgin Venlin Sartono Sartono, Sartono Shodiq, MD Shodiq, Moh. Djafar Siahaan, Pangihutan Siahaan, Ricardho Simatupang, Sutejo Sinaulan, Ramlani Lina Sopiyanto, Sopiyanto Sri Marniati, Felicitas Surya Wahyudi, Surya Sutanto, Audrey Lucretia Tarigan, Diego Pratana Trapsilo, Lier Budhi Wahyu Wibowo, Agus Ari Widjaja, Dhody AR. Windira, Ayu Yanuar, Tofik Yolanda, Moch Andre