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All Journal SALAM: Jurnal Sosial dan Budaya Syar-i Pena Justisia: Media Komunikasi dan Kajian Hukum POLITICA: Jurnal Hukum Tata Negara dan Politik Islam Journal Evidence Of Law POLICY, LAW, NOTARY AND REGULATORY ISSUES (POLRI) SENTRI: Jurnal Riset Ilmiah SEIKAT: Jurnal Ilmu Sosial, Politik dan Hukum ARMADA : Jurnal Penelitian Multidisiplin Kultura: Jurnal Ilmu Sosial dan Humaniora Blantika : Multidisciplinary Journal Jurnal Global Ilmiah Jurnal Multidisiplin Indonesia Jurnal Riset Ilmiah Jurnal Penelitian dan Pengkajian Ilmiah SEIKAT: Jurnal Ilmu Sosial, Politik dan Hukum Themis: Jurnal Ilmu Hukum
Ismed, Mohamad
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WATER AND AIR POLICE CORPS (POLAIRUD) AUTHORITY IN PREVENTING THEFT ON LEGO ANCHORS SHIPS IN THE TANJUNG PRIOK PORT AREA Wahyudi, Surya; Candra, Tofik Yanuar; Ismed, Mohamad
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 2 No. 1 (2023): JANUARY
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v2i1.501

Abstract

The aim of the research is to analyze the authority of Water and Air Police Corps (Korpolairud) in preventing the crime of theft on ships with Lego anchors in the Tanjung Priok port area as well as analyzing the legal protection of ships anchored in the Tanjung Priok port area. The type of research used is normative juridical. The approaches used in legal research are the statute approach, the case approach and the comparative approach. The results of the analysis show that Polairud's Authority in preventing criminal acts of theft, Article 1 paragraph (1) of the 1945 Constitution of the Republic of Indonesia is a state based on law. The rule of law is a constitutional construction. As such, all actions of law enforcement officials including the police in carrying out investigations must be based on the law and obey the law. Legal protection for Lego Anchor Ships in the Tanjung Priok Port Area, it can be understood that police institutions, especially the Sub-Directorate of Gakkum Ditpolair Korpolairud Baharkam Polri as an organization carry out administrative and management functions in carrying out their functions or duties as investigators of criminal acts of theft onboard Lego Anchors in the Region Tanjung Priok Port which has been determined by laws and regulations.
LEGAL RESPONSIBILITY FOR THE ROLE OF ONLINE TRANSPORTATION COURIER SERVICES IN DRUG TRAFFICKING Siahaan, Ricardho; Sinaulan, Ramlani Lina; Ismed, Mohamad
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 2 No. 1 (2023): JANUARY
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v2i1.530

Abstract

In this modern period, drug trafficking in Indonesia has adopted a new mode of operation, with drug traffickers utilizing online transportation courier services to facilitate drug delivery to their destination, in an effort to avoid and/or reduce the risk of legal proceedings. The purpose of this research is to analyze and determine the existence of law enforcement problems in handling the role of online transportation courier services that help drug trafficking. This research uses Normative Juridical methodology. The data used for the formulation of the problem is secondary data consisting of primary, secondary and tertiary legal documents. The results of the analysis show that with regard to law enforcement and accountability, each construction of the Intermediary Articles contained in Law Number 35 of 2009 concerning Narcotics relating to acts committed by couriers does not all fulfill the offense elements of each article. Based on Article 132 when couriers are unable to prove good faith as an online driver, such as not having the authority to inspect goods to be sent, courier service companies do not or have not supported goods scanning facilities, so they can enter into a conspiracy offense. However, even though the actions carried out by online couriers have fulfilled the formulation offense, they are not necessarily accountable. For the sake of creating a sense of justice for society, it is necessary to add new norms to the provisions of Article 114 paragraph (1) of the Narcotics Law and Article 114 paragraph (2) of the Narcotics Law.
HOW TO ENFORCE CRIMINAL LAW AGAINST NARCOTICS ABUSE OF NEW TYPES OF VARIANTS THAT HAVE NOT BEEN INCLUDED IN LAW NUMBER 35 OF 2009 CONCERNING NARCOTICS Marbun, Lukas Pardamean E.; Hedwig; Ismed, Mohamad
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 2 No. 1 (2023): JANUARY
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v2i1.531

Abstract

Today, many different narcotics, psychotropics, and other illegal drugs emerged. These new variants are not/have not been regulated by law number 35 of 2009 concerning narcotics. This research uses Normative Juridical methodology. The data used for the formulation of the problem is secondary data consisting of primary, secondary and tertiary legal documents. The results of the analysis show that in order to implement the provisions of Article 6 paragraph (3) of the Narcotics Law, it is necessary to stipulate a Regulation of the Minister of Health concerning Changes in the Classification of Narcotics, which is the last position where this research was written. Minister of Health of the Republic of Indonesia Number 4 of 2021 concerning changes to the classification of narcotics. Law Number 35 of 2009 concerning Narcotics and Regulation of the Minister of Health of the Republic of Indonesia Number 4 of 2021 concerning changes to the classification of narcotics which are guidelines for law enforcement against drug abuse with new variants in Indonesia are still deemed ineffective and efficient and do not accommodate all needs -the need for law enforcement against narcotics abuse, especially narcotics with new types of variants. An alternative policy formulation to Law Number 35 of 2009 concerning Narcotics, the formulation policy that is deemed suitable for implementation in the future is to revise Law Number 35 of 2009 concerning Narcotics in particular to expand the meaning related to narcotics in the provisions of Article 1 number 1 and/or Article 6 paragraph (1).
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 (IN press)
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.
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 Diversi Dalam Tindak Pidana Penyertaan (Deelneming) Pada Tingkat Penuntutan Meilando, Ari; Ismed, Mohamad; Basuki, Basuki
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.v2i2.960

Abstract

In Indonesia, the problem of juvenile delinquency has become a serious concern. The delinquency is triggered by intrinsic motivation (inner drive, such as age and position in the family) and extrinsic motivation (external drive, such as family environment, school, social circles, and mass media). Given its broad impact, fair legal efforts are needed that prioritize recovery for children in conflict with the law. One of the approaches implemented is the Diversion system regulated in Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. This system must be implemented at every level of the criminal justice process, including the prosecution stage. This study focuses on discussing cases of criminal accompaniment (deelneming) involving many child perpetrators. The formulation of the problem raised in this study is How is the application of diversion to criminal accompaniment (deelneming) cases at the prosecution level and how is the legal certainty of the implementation of diversion in criminal accompaniment (deelneming) cases at the prosecution level. In this study, the author uses the theory of punishment and the theory of legal certainty. 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 show that diversion must be implemented by public prosecutors, in addition, public prosecutors who handle child cases must have the following requirements: they must have experience as public prosecutors, have interest, attention, dedication, and understand children's problems, and have attended technical training on child justice. In addition, legal certainty related to Diversion has been clearly regulated in laws and regulations. However, its implementation has not been optimal. The Child Criminal Justice System Law mandates education and training for law enforcers to improve their competence in handling child cases. Unfortunately, the principle of expected legal benefits has not been fully felt by children in conflict with the law. The suggestion in this study is that public prosecutors who handle cases must be public prosecutors who have technical training certification on child justice and that a letter of appointment be made from the Attorney General's Office regarding the case handling team with more than one child perpetrator, the public prosecutor team that handles consists of at least more than 3 (three).
Perlindungan Hukum Terhadap Perampasan Aset Pihak Ketiga Dalam Perkara Tindak Pidana Pencucian Uang Abdullah, Zulfirman; Nainggolan, Marsudin; 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.v2i2.969

Abstract

Money laundering is a form of economic crime with broad impacts, both individually and systemically. This crime often involves third parties who are not directly engaged in the criminal act. One of the primary legal issues that arise is the confiscation of assets belonging to third parties who have no involvement in the crime, raising concerns regarding the protection of their legal rights. This study aims to analyze the existing legal framework, challenges, and potential solutions in providing legal protection for third parties harmed by asset confiscation in money laundering cases. The author employs a normative juridical research method with an analytical approach, referencing theories of criminal liability and legal protection.  This research relies on secondary data, including statutory regulations, legal documents, and judicial decisions, such as the Supreme Court’s Judicial Review Decision No. 365 PK/Pid.Sus/2022 dated May 23, 2022, concerning Andika Surachman and associates (owners of First Travel), and the Supreme Court’s Cassation Decision No. 4101 K/Pid.Sus/2024 dated July 16, 2024, concerning the defendant Rafael Alun Trisambodo. This study also evaluates the relevance of Law No. 8 of 2010 on the Prevention and Eradication of Money Laundering (UU TPPU) in safeguarding the rights of bona fide third parties.  The findings indicate that while the UU TPPU acknowledges the potential involvement of third parties in money laundering cases, its provisions remain limited and do not comprehensively safeguard bona fide third parties. This research identifies solutions to enhance legal protection against arbitrary law enforcement practices, such as revising existing regulations and strengthening the mechanism for objections to asset confiscation. Theoretically, this study contributes to the development of criminal law concepts, particularly regarding the protection of third-party rights in asset confiscation related to money laundering offenses. Practically, the findings of this study are expected to serve as a guideline for policymakers and law enforcement agencies in formulating fairer and more effective legal policies while ensuring that individuals who are not involved in criminal activities remain legally protected
Tanggung Jawab Penyedia Jasa terkait Kegagalan Pekerjaan Kontruksi berdasarkan Perjanjian yang Dibuat Dihadapan  Notaris Azhry, Izmi Latifah; Marniati, Felicitas Sri; Ismed, Mohamad
CENDEKIA : Jurnal Penelitian dan Pengkajian Ilmiah Vol. 2 No. 3 (2025): CENDEKIA : Jurnal Penelitian Dan Pengkajian Ilmiah, Maret 2025
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/cendekia.v2i3.1040

Abstract

Pembahasan mengenai tanggung jawab penyedia jasa terkait kegagalan pekerjaan kontruksi berdasarkan perjanjian yang dibuat dihadapan  notaris. Penelitian yang dilakukan dengan menggunakan metode yuridis normatif. Tanggung jawab hukum penyedia jasa dalam perjanjian kerja konstruksi terkait kegagalan pekerjaan bahwa pihak yang memikul tanggung jawab dalam hal terjadi kegagalan bangunan. dalam kontrak kerja konstruksi sebagai dasar hukum pelaksanaan jasa konstruksi, dalam hal terjadi kegagalan bangunan yang disebabkan karena penyelenggaraan jasa konstruksi yang tidak memenuhi Standar Keamanan, Keselamatan, Kesehatan dan Keberkelanjutan yang diatur dalam Undang-Undang Nomor 2 Tahun 2017 Tentang Konstruksi.
Legal Certainty for the Implementation of Execution in the Form of Payment of Money in Lieu of Corruption Cases in the Criminal Justice System Erwinda Emran, Nevertiti; Lina, Ramlani; Ismed, Mohamad
Jurnal Multidisiplin Indonesia Vol. 3 No. 12 (2024): Jurnal Multidisiplin Indonesia
Publisher : Riviera Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58344/jmi.v3i12.2074

Abstract

The determination of additional punishment in the form of "replacement money" should ideally be equivalent or balanced with the state financial losses as a result of criminal acts of corruption. The formulation of the problem in writing this thesis is how to execute replacement money for criminal acts of corruption according to positive law and what is the legal certainty of execution in the form of payment of replacement money for corruption cases in the criminal criminal system. The research method used in this research is normative juridical, with a statutory, conceptual and case approach. The legal materials used are primary, secondary and tertiary legal materials and the analysis of legal materials is qualitative. The research results show that one of the elements of corruption in Article 2 and Article 3 of Law 31/1999 jo. Law 20/2001 is a loss to state finances. This element has the consequence that eradicating corruption does not only aim to deter corruptors through imposing heavy prison sentences, but also restore state finances due to corruption, as emphasized in the General Precautions and Explanation of Law 31/1999. By law, the instrument to restore state finances is included in the additional penalty in the form of payment of replacement money. The difference in the meaning of the criminal purpose of paying replacement money between what is intended in the explanation of the Law and the formulation of Article 18 paragraph (1) letter b causes the purpose of paying replacement money to be unclear. This ambiguity also has an impact on the dualism in the application of calculating the value of replacement money as seen in several Supreme Court (MA) decisions. The legal umbrella for execution in this case is Article 18 of Law 31/1999 and not the Supreme Court's fatwa. The execution of replacement money also does not require a separate lawsuit, because the additional crime of replacement money is a single criminal decision handed down by a panel of judges, where the authority to execute each criminal decision, both main and additional crimes, rests with the public prosecutor. The need for the Supreme Court's fatwa should not be for carrying out executions but as a legal umbrella for how long a substitute prison sentence will be served if the compensation money has been paid in part, which is currently not regulated in Law 31/1999 jo. Law 20/2001 and other derivative regulations.
Cybercrime and Data Security: The Role of Criminal Law in Coping Digital Threats Ismed, mohamad
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 3 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Development rapid digital technology has bring benefit big for society, but also improve risk cybercrime, especially related with data security. Various forms of cybercrime such as hacking, phishing, ransomware, and misuse of personal data the more threaten individuals, companies, and institution government. In the context of this, law criminal own role important in give protection and mitigation digital threats through clear regulations and enforcement​ effective law. Research​ This aiming for identify threatening forms of cybercrime data security, analyzing regulation law criminal in handle cybercrime, and evaluate effectiveness enforcement law in to overcome digital threats. The methods used is approach normative legal and empirical with analysis to regulation applicable legislation, studies​ literature, as well as various form weakness regulation based on from observation and interview from stakeholders. Research results This show that law criminal law in Indonesia is still face various challenge in protect data security from crime increasingly cyber​ complex. Although has There is regulation like Constitution Electronic Information and Transactions and Constitution Personal Data Protection, existing rules​ Still fragmented and more focused on security system compared to personal data protection in a way comprehensive. In addition, the limitations capacity apparatus enforcer law, weakness coordination between institutions, less sanctions​ give effect deterrent, and challenge jurisdiction in case cross country increasingly to complicate effort enforcement law. Modus operandi of cybercrime that continues developing, such as phishing, malware, and ransomware, are increasingly increase risk data theft and disturbance operational for individuals, companies and security national
Co-Authors Abdullah, Zulfirman Akbar, Muhammad Syarif Hidayatullah Akkapin, Supaphorn Akkapin, Suphaporn Ali Imron Ardiyansah Ayulina, Jennitri Azhry, Izmi Latifah Basuki , Basuki , Basuki Candra, Tofik Yanuar Chandra, Tofik Yanuar Dwi Budi Santoso Erwinda Emran, Nevertiti Firman, Zul Franciska, Wira Hedwig Heri Susanto Hutomo, Putra Karinda, Frans Jomar Kencanawati, Erny Kristiawanto, Kristiawanto Lina, Ramlani Luter, Albertus Marbun, Lukas Pardamean E. Marniati, Felicitas Sri Maryano, Maryano Megawaty, Octavia Rouli Meilando, Ari Muhamad, Fadel Munzir, Marinov Nainggolan, Marsudin Nasseri, Jelly Paparang, Santrawan Pratama, Dimas Satriawan Syah Putra, Sapta Adi Sanjaya, Titus Adhi Saputra, Adji Sarapi, Virgin Venlin Shodiq, MD Siahaan, Pangihutan Siahaan, Ricardho Sinaulan, Ramlani Lina Sri Marniati, Felicitas Surya Wahyudi, Surya Sutanto, Audrey Lucretia Tarigan, Diego Pratana Trapsilo, Lier Budhi Wahyu Wibowo, Agus Ari Widjaja, Dhody AR. Windira, Ayu Yolanda, Moch Andre