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All Journal SALAM: Jurnal Sosial dan Budaya Syar-i Al-Mashlahah: Jurnal Hukum Islam dan Pranata Sosial Qiyas : Jurnal Hukum Islam dan Peradilan Aksara: Jurnal Ilmu Pendidikan Nonformal JOURNAL of LEGAL RESEARCH Dikmas: Jurnal Pendidikan Masyarakat dan Pengabdian COMSERVA: Jurnal Penelitian dan Pengabdian Masyarakat Jurnal Cakrawala Ilmiah Kanun: Jurnal Ilmu Hukum Corpus Juris : Jurnal Ilmu Hukum
Tofik Yanuar Chandra
Faculty Of Law Universitas Jayabaya
Religion Humanities Economics, Econometrics & Finance Education Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Public Health Social Sciences Other

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Journal : JOURNAL of LEGAL RESEARCH

 1 
Pertanggungjawaban Korporasi Dalam Tindak Pidana Perkebunan dan Terhadap Tindak Pidana Korporasi Terhadap Lingkungan Hidup Edy Prabudy; Tofik Yanuar Chandra; Kristiawanto Kristiawanto
JOURNAL of LEGAL RESEARCH Vol 3, No 3 (2021)
Publisher : Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jlr.v3i3.21675

Abstract

In the development of Indonesian criminal law, corporations can be burdened with criminal liability or can be said to be subject to criminal law. Plantation is one sector that is large enough to ensure the welfare of the people. The research method in this article uses qualitative research methods with a normative legal approach or what is known as legal research, which emphasizes the study of library documents related to the problems and objectives of this research. The results of the study state that criminal acts for corporations. Criminal acts can be imposed on corporations and their management and corporations are subject to a maximum fine plus a third.Keywords: Corporate Law; Plantation Law; Environmental law
Analisa Yuridis Tentang Tindak Pidana Korupsi Yang Menyebabkan Kerugian Negara Dalam Prespektif Putusan Mahkamah Konstitusi Republik Indonesia Achmad Mahendra; Ramlani Lina Sinaulan; Tofik Yanuar Chandra
JOURNAL of LEGAL RESEARCH Vol 4, No 1 (2022)
Publisher : Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jlr.v4i1.25079

Abstract

The Constitutional Court believes that the element of state loss must be established and quantified, even if it is an estimate or has not yet occurred. Corruption is defined in detail in 13 articles of Law No. 31 of 1999, as revised by Law No. 20 of 2001 on the Eradication of Corruption Crimes. Corruption is classified into 30 distinct forms/types in these articles. These articles discuss the types of conduct that may result in criminal sanctions as a result of corruption. Indonesia is a constitutional monarchy. This is established in Article 1 paragraph three of the 1945 Constitution, which states that the State of Indonesia is a state of law. Indonesia's state of the law is one that always evaluates all activities on two bases. That is, in terms of its intended use or purpose and its legal foundation. The author employs a descriptive qualitative methodology in this paper. This study takes a normative juridical approach as well as a statutory or juridical method, namely legal product research.
Implementasi Perlindungan Hukum Terhadap Saksi Pelaku Yang Bekerjasama Dalam Tindak Pidana Korupsi Muhammad Arif Sulaiman; Tofik Yanuar Chandra; Ramlani Lina Sinaulan
JOURNAL of LEGAL RESEARCH Vol 4, No 1 (2022)
Publisher : Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jlr.v4i1.24810

Abstract

The rules and regulations of the law, it doesn't say anything about the criteria for collaborating perpetrator witnesses. In the Circular Letter (SEMA) of the Supreme Court of the Republic of Indonesia, a criterion called the classification of cooperating perpetrator witnesses is given that judges can use to help them decide cases. The method used in this research is normative legal research, which is done to get the information we need to solve the problem. The results of the study said that witnesses who helped were automatically protected by the law. This is the power of the LPSK. It's very important for different institutions to work together to find witnesses who will help until the perpetrators get a light sentence and get remission and other rights when they do.
Bentuk Pertanggungjawaban Pidana Korporasi Sebagai Pelaku Tindak Pidana Dumping Limbah Bahan Berbahaya dan Beracun ke Media Lingkungan Hidup Anton Wahyudi; Tofik Yanuar Chandra
JOURNAL of LEGAL RESEARCH Vol 3, No 4 (2021)
Publisher : Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jlr.v3i4.22004

Abstract

Protection of the environment is a must both for humans themselves. A corporation is a form of business entity which is run by humans to achieve their interests and gain profits. Environment and humans are 2 objects that are very dependent on each other. The integration between humans and the environment on the sustainability of human life itself, will affect various aspects of the Corporation in carrying out its business activities, so that it will affect the environmental system. Thus, the environment will certainly affect human life itself. One of the potentials in this crime is the crime of dumping hazardous waste, which in the nature of Law Number 32 of 2009 concerning Environmental Protection and Management, dumping of hazardous waste is prohibited if it is not managed. Protection of the environment is a must both for humans themselves. A corporation is a form of business entity which is run by humans to achieve their interests and gain profits.Keywords: Crime; Waste Dumping; Corporation
Akibat Hukum Terhadap Pihak Ketiga Atas Pengangkatan Direksi dan Dewan Komisaris Yang Tidak Diberitahukan Kepada Menteri Hukum dan Ham Republik Indonesia Hemi Marihot Goldfirst Nainggolan; Tofik Yanuar Chandra; Bernard Nainggolan
JOURNAL of LEGAL RESEARCH Vol 4, No 1 (2022)
Publisher : Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jlr.v4i1.25102

Abstract

The nomination of a Limited Liability Company's Board of Directors and Board of Commissioners must be informed to the Minister of Law and Human Rights, as specified in Articles 94 and 111 of Law No. 40 of 2007 respecting Limited Liability Companies. Following compliance with these criteria, the Board of Directors and the Board of Commissioners are effectively appointed externally and are authorized to enter into legal relationships with other parties. The research method employed is a normative juridical one, with a statutory, conceptual, and case-based approach. The study's findings indicated that the legal consequences for third parties of not notifying the Ministry of Law and Human Rights of the Republic of Indonesia about the appointment of the Board of Directors and the Board of Commissioners resulted in the cancellation of a legal relationship between a third-party and the Board of Directors and the establishment of legal protection for third parties, namely that a third party could sue the Board of Directors, the Board of Commissioners.
Tanggung Jawab Developer Dalam Pembuatan Akta Jual Beli Atas Rumah Yang Telah Lunas Dibayar Fadli Adi Rosadi; Tofik Yanuar Chandra; Anriz Nazaruddin Halim
JOURNAL of LEGAL RESEARCH Vol 4, No 6 (2022)
Publisher : Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jlr.v4i6.29006

Abstract

The need for housing is increasing rapidly, especially in urban communities due to the large population. This is put to good use by developers who are entrepreneurs in the housing sector, to take maximum advantage. Even though consumer rights have been clearly regulated in the UUPK and of course, consumers and business actors will rely on these transactions based on sale and purchase agreements that occur between consumers/buyers and business actors (developers/housing developers) and one of the elements contained in the agreement is good faith. The type of research used in this study is normative legal research or also known as research for the purposes of legal practice. For ordinary people, the type of house sale and purchase agreement can be complicated and intimidating. Even though they contain very important things that you as a homeowner should know.
Analisis Yuridis Hak-Hak Asasi Tersangka Pidana Dalam Proses Penyidikan Slamet Santoso; Tofik Yanuar Chandra; Santrawan Paparang
JOURNAL of LEGAL RESEARCH Vol 4, No 2 (2022)
Publisher : Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jlr.v4i2.27605

Abstract

In Indonesia, the criminal justice system consists of numerous steps, including investigation, investigation, prosecution, and trial. The investigative stage consists of a series of measures taken by investigators in accordance with and according to the manner outlined in this statute in order to discover the suspect and collect evidence that clarifies the nature of the criminal act. In addition, the suspect is a person who, based on preliminary information, should be accused of committing a crime because of his behavior or circumstances. The idea of presumption of innocence stipulates that all parties engaged in a criminal case must be presumed innocent until a court determines guilt. This principle must be observed by law enforcement throughout the investigation, prosecution, and court examination processes. This right is guaranteed by Article 8, paragraph 1, of Law No. 48 of 2009 on Judicial Power, which states that any individual who is suspected, arrested, detained, prosecuted, or brought before a court must be presumed innocent until a court decision declares his guilt and acquires permanent legal force. Suspects have rights and are protected by the law, despite the fact that they are suspected of committing a crime. This research is normative legal in nature. This study provides input and opinions that law enforcers, in this case Police Investigators, must implement the Presumption of Innocence Principle and defend human rights, since everyone must be deemed innocent prior to a court ruling declaring his guilt and acquiring permanent legal force. In order to expedite the investigative examination process, suspects should submit truthful and uncomplicated information, so that there are no factors that can lead to violence against suspects or abuses of their human rights.
Co-Authors Achmad Fitrian Achmad Mahendra Ade Nandar Silitonga Agung Makbul Andre Kristian Anriz Nazaruddin Halim Anton Wahyudi Artanta Barus Barra Bimantara Ginting Baski Baski Berlian Marpaung Bernard Nainggolan David Andi Dinur Wikra Ananta Edy Prabudy Fadli Adi Rosadi Hedwig A. Mau Hemi Marihot Goldfirst Nainggolan Heri Joko Saputro Herlan Herlan Joko Sri Widodo Kristiawanto Kristiawanto Madeline Vanessa Audrey Marjudin Djafar Mohamad Ismed Mohamad Ismed Muhammad Arif Sulaiman Puti Dwi Jayanti Putra Hutomo Ramlani Lina Sinaulan Rio Verieza Roy Andi Siregar Santrawan Paparang Santrawan T. Paparang Sefitrios Sefitrios Slamet Santoso Teguh Warjianto Victhor Mouri Widiyanto Widiyanto Wika Hawasara Yodi Alfahri Daun Yuandika Sang Damar Yuhelson Yuhelson