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All Journal SALAM: Jurnal Sosial dan Budaya Syar-i Al-Mashlahah: Jurnal Hukum Islam dan Pranata Sosial DE'RECHTSSTAAT 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 POLICY, LAW, NOTARY AND REGULATORY ISSUES (POLRI) Kanun: Jurnal Ilmu Hukum Jurnal Inovasi Global Jurnal Riset Ilmiah Jurnal Penelitian dan Pengkajian Ilmiah Corpus Juris : Jurnal Ilmu Hukum Pamulang Law Review
Tofik Yanuar Chandra
Faculty Of Law Universitas Jayabaya
Religion Humanities Astronomy Computer Science & IT Economics, Econometrics & Finance Education Engineering Environmental Science Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mathematics Public Health Social Sciences Other

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Kepastian Hukum Pembatalan Perkawinan Kedua akibat Tidak Terpenuhinya Syarat Perkawinan Maulana Fajri; Tofik Yanuar Chandra; Yurisa Martanti
CENDEKIA : Jurnal Penelitian dan Pengkajian Ilmiah Vol. 3 No. 1 (2026): CENDEKIA : Jurnal Penelitian dan Pengkajian Ilmiah, Januari 2026
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/cendekia.v3i1.2339

Abstract

Discussion on the legal certainty of the annulment of a second marriage due to the failure to fulfill the marriage requirements. The method used in this study is a normative juridical research type, namely library legal research or secondary data with primary, secondary and tertiary legal sources. The legal certainty of a second marriage according to the Marriage Law that does not fulfill the requirements reflects the failure of the legal norm system to be enforced consistently in accordance with the applicable normative hierarchy, thus giving rise to legal uncertainty. However, even though the marriage is null and void by law, the legal system still provides corrective space through other norms in family civil law that function to maintain the values ​​of justice and humanity. This reflects that legal certainty according to Kelsen is not merely rigid, but also considers corrective mechanisms to protect the basic rights of citizens within the applicable positive legal framework.
Kewenangan Jaksa Penuntut Umum dalam Penyelesaian Pengembalian Kerugian Keuangan Negara pada Perkara Tindak Pidana Korupsi Helmy Febrianto Rasyd; Tofik Yanuar Chandra; Mohamad Ismed
CENDEKIA : Jurnal Penelitian dan Pengkajian Ilmiah Vol. 3 No. 2 (2026): CENDEKIA : Jurnal Penelitian dan Pengkajian Ilmiah, Februari 2026
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/cendekia.v3i2.2417

Abstract

The role of the Public Prosecutor in recovering state losses is not only carried out within the context of criminal law, but also through civil law mechanisms as stipulated in Article 32 of Law Number 31 of 1999 in conjunction with Law Number 20 of 2001 concerning PTPK. Based on data from Indonesia Corruption Watch (ICW), throughout 2023 the Prosecutor's Office handled 1,649 corruption cases with a total compensation claim of IDR 82.6 trillion, contributing more than 99% of the total national compensation claim (IDR 83.3 trillion). Normatively, legal instruments have provided a framework that allows for maximum recovery of state losses. However, empirically, its implementation remains far from expectations, both in terms of the achievement of the recovery value and the effectiveness of the decision execution mechanism. This phenomenon demonstrates the gap between das sollen and das sein in law enforcement. The problem formulation raised in this study is how the process of recovering state financial losses in corruption cases and the authority of the public prosecutor in resolving the recovery of state financial losses in corruption cases. In this study, the author uses the theory of authority and the Dual Track System theory as analytical tools in dissecting this study. The research questions addressed in this study are the process of recovering state financial losses in corruption cases and the authority of public prosecutors in resolving the recovery of state financial losses in corruption cases. In this study, the author uses the theory of authority and the Dual Track System theory as analytical tools in analyzing this research. The research method used is a normative juridical legal approach. This research uses a statute approach, a case approach, a conceptual approach, and an analytical approach sourced from primary legal materials consisting of the Criminal Code, the Corruption Act and existing case studies, secondary legal materials consisting of books, research results, articles and tertiary legal materials from libraries, articles and websites. The results of this study indicate that the process of resolving the return of state financial losses in corruption crimes consists of 2 (two) mechanisms, namely through criminal and civil. Through the criminal route, it can be carried out from the investigation stage, prosecution, trial examination, to the stage of executing court decisions and the authority of the Public Prosecutor in resolving the return of state financial losses is an attribution authority that comes directly from statutory regulations, especially the Corruption Law and statutory regulations regarding the Prosecutor's Office. The suggestion in this study is that it is necessary to strengthen the strategy of tracking and securing assets from the investigation stage. In this case, the Public Prosecutor needs to optimize coordination with investigators, auditors, and related institutions in conducting comprehensive asset tracking from the initial stages of the investigation and optimizing the execution of replacement money to ensure that the replacement money crime is truly realized.
Kepastian Hukum Penerapan Restorative Justice terhadap Pengguna Narkotika yang Tidak Disertai Barang Bukti pada Tingkat Penyidikan di Kepolisian Daerah Banten Muhammad Darmansyah; Tofik Yanuar Chandra; Basuki Basuki
CENDEKIA : Jurnal Penelitian dan Pengkajian Ilmiah Vol. 3 No. 2 (2026): CENDEKIA : Jurnal Penelitian dan Pengkajian Ilmiah, Februari 2026
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/cendekia.v3i2.2421

Abstract

Based on data from the Banten Province National Narcotics Agency, in 2023, 1,236 narcotics cases were recorded, with the number of users arrested reaching 1,486. Tangerang City and Tangerang Regency were recorded as the areas with the highest number of cases. This fact demonstrates the empirical reality that drug abuse is not only increasing in terms of numbers, but also in terms of complexity, including perpetrators being caught without evidence. The consequences of law enforcement have implications for overcrowding in detention centers and correctional institutions, with the number of inmates detained for narcotics cases in 2023 reaching 131,069. Meanwhile, ideal legal norms have been regulated through various provisions such as Law Number 35 of 2009 concerning Narcotics, specifically Articles 54 and 103, which provide space for drug abusers to undergo rehabilitation, rather than imprisonment. The research questions addressed in this study are the procedures for implementing restorative justice for drug users who are not accompanied by evidence at the investigation stage at the Banten Regional Police and the legal certainty of implementing restorative justice for drug users who are not accompanied by evidence at the investigation stage. In this study, the author uses the theory of legal certainty and the theory of restorative justice as analytical tools. The research method used is a normative juridical legal approach but supported by interviews with the Tangerang City Police Resort agency. This research uses a statute approach, a case approach, a conceptual approach, and an analytical approach which in principle are sourced from primary legal materials consisting of existing laws and case studies, 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 indicate that the procedures for implementing restorative justice for drug users differ between the Police and the National Narcotics Agency (BNN). This difference is not only administrative, but also indicates a paradigm difference in interpreting the law between the repressive-formalistic and rehabilitative-humanistic approaches. The legal certainty of implementing restorative justice for drug users without evidence at the investigation level creates procedural asynchronous implementation of restorative justice-based rehabilitation policies, particularly in the context of the Integrated Assessment Team (TAT). The lack of integration of administrative mechanisms and inter-agency coordination makes the implementation of TAT ineffective and uniform. The suggestion in this study is that the formal basis for handling cases between the Police and the BNN should be harmonized in terms of the preparation of integrated guidelines to avoid legal uncertainty and potentially violate the principle of equality before the law. The role of TAT needs to be optimized in terms of legal authority and inter-agency coordination, as administrative obstacles often cause assessments to be ineffective.
LEGAL REVIEW OF COPYRIGHT AS CREDIT COLLATERAL IN THE GUARANTEE LEGAL SYSTEM IN INDONESIA Asep Hidayat; Tofik Yanuar Chandra; Jelly Nassery
DE'RECHTSSTAAT Vol. 8 No. 2 (2022): JURNAL HUKUM DE'RECHTSSTAAT
Publisher : Fakultas Hukum Universitas Djuanda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jhd.v8i2.6811

Abstract

Collateral  is an important element in the credit agreement in order to give confidence to the creditor that with the guarantee from the debtor he can repay the loan. UU no. 28 of 2014 concerning Copyright states that copyright as a movable object can be used as a fiduciary guarantee, because it has economic value. The research method used is a normative juridical legal research method by taking an analytical approach to the legislation. The results of this study indicate that objects that can be pledged as collateral are objects that meet certain conditions. As one of the material rights, copyright contains two rights, in addition to economic rights that can provide benefits in the form of royalties, there are also moral rights that are always attached to the owner. Economic rights can be transferred or transferred to other people (transferable), so that other people as recipients of the transfer of rights also get economic benefits.
PENGARUH PROSES PRAPENUNTUTAN OLEH PENUNTUT UMUM DALAM OPTIMALISASI PENEGAKAN HUKUM DALAM TINDAK PIDANA PERTAMBANGAN DALAM KAWASAN HUTAN(Studi Kasus Putusan Nomor : 63/Pid.B/LH/2022/PN Kba) Muhammad Aulia Akbar; Tofik Yanuar Chandra; Maryano Maryano
SINERGI : Jurnal Riset Ilmiah Vol. 3 No. 2 (2026): SINERGI : Jurnal Riset Ilmiah, February 2026
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/sinergi.v3i2.2408

Abstract

Indonesia is a country known for having a wealth of natural and mineral resources, such as crude oil, coal, copper, iron ore, tin and gold. With the wealth it has, the Indonesian State carries out exploration activities for natural resources as one type of exploration activity by carrying out mining activities. However, mining activities often carried out do not comply with applicable regulations, which can cause environmental damage. Mining activities without permits are widespread in the Bangka Belitung archipelago, therefore the author will examine the law enforcement process contained therein, especially in the prosecution section carried out by law enforcement officials, namely the public prosecutor through court decision Number 63/Pid.B/LH/2022/PN Kba, The method used by the author in collecting data was normative research methods, the author found that the Public Prosecutor was inappropriate in imposing charges by applying regulations that were not in accordance with the facts of the material actions of the defendants and legal facts what was revealed at the trial, evidence, and legal evidence presented at the trial.
IMPLEMENTASI SISTEM PEMBUKTIAN TERBALIK DALAM TINDAK PIDANA PENCUCIANUANG DI INDONESIA Chotibul Umam; Tofik Yanuar Chandra; Mohamad Ismed
SINERGI : Jurnal Riset Ilmiah Vol. 3 No. 2 (2026): SINERGI : Jurnal Riset Ilmiah, February 2026
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/sinergi.v3i2.2409

Abstract

The issue examined in this thesis concerns the analysis of the implementation and challenges in applying the reverse burden of proof system in money laundering crimes in Indonesia, using the Law Enforcement Theory and the Proof Theory. The reverse burden of proof system is a special mechanism in criminal procedural law that obliges the defendant to prove that the assets alleged are not derived from criminal acts, as regulated in Articles 77 and 78 of Law Number 8 of 2010 concerning the Prevention and Eradication of Money Laundering Crimes. The method used in this research is normative legal research conducted as an effort to obtain the necessary data related to the problem. The data used consists of secondary data and tertiary legal materials. In addition, primary data is also used to support the secondary legal materials. Data analysis is carried out using qualitative juridical analysis methods. The research results show that the implementation of the reverse burden of proof system has a clear legal basis and is limited and balanced, where the Public Prosecutor remains obligated to prove the elements of the crime of money laundering, while the defendant is burdened with the obligation to explain the origin of their wealth. There are several rulings where judges have given defendants the opportunity to prove ownership of the wealth, but based on the evidence submitted at trial, the panel of judges concluded that the defendants could not prove that the wealth was obtained through lawful acts or did not originate from a crime or offense. This construction does not eliminate the presumption of innocence but serves as a special instrument to strengthen evidence in complex cases. However, its implementation still faces various challenges, including potential conflicts with human rights protection principles, the absence of uniform technical guidelines, disparities in judicial interpretation, and limited capacity of officials in financial investigations. Therefore, strengthening technical regulations and enhancing law enforcement capacity are necessary to ensure this system operates optimally and aligns with the principles of the rule of law.
KEPASTIAN HUKUM PENERAPAN INDEPENDENT CRIME PADA TINDAK PIDANA PENCUCIAN UANG DALAM SISTEM PERADILAN PIDANA INDONESIA Mohammad Solihin; Tofik Yanuar Chandra; Kristiawanto Kristiawanto
CORPUS JURIS : JURNAL ILMU HUKUM Vol. 2 No. 2 (2026): Vol. 2 No. 2 (2026): CORPUS JURIS : Jurnal Ilmu Hukum, Agustus 2026
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/corpusjuris.v2i2.2883

Abstract

Article 69 of Law No. 8 of 2010 on the Prevention and Eradication of money laundering is a norm that applies as a positive law in Indonesia which states that in order to be able to conduct investigations, prosecutions, and examinations in court hearings against money laundering crimes, it is not mandatory to prove the origin of the criminal offense first. The formulation of the problem in this thesis is how the application of independent crime on money laundering in the Indonesian criminal justice system ? How is the legal certainty of the application of independent crime to money laundering in the Indonesian criminal justice system ?  The research method used is normative juridical with the approach of legislation, conceptual, case and comparison. Data were obtained from primary legal materials, secondary legal materials and tertiary legal materials. And analyzed by the method of legal certainty and law enforcement. This study focuses on the analysis of legal norms that regulate the context between the position of money laundering as a follow-up crime and as an independent crime.  This research will refer more to literature review,legislation, and relevant literature to gain a deep understanding of money laundering. The result of this study is the possibility of proving the crime of money laundering by not first proving the origin of the crime of money laundering. Non-material criminal acts of their own origin at least include, but are not limited to: (a) passive money laundering perpetrators (article 607 paragraph (1) letter c of Law Number 1 of 2023 concerning the Criminal Code); (b) Uitloker or medeplechtigheid perpetrators of money laundering who are not involved with the original criminal offense ((article 607 paragraph (1) letter A of Law Number 1 of 2023 concerning the Criminal Code in conjunction with Article 20 or in conjunction with Article 21 of Law Number 1 of 2023 concerning the Criminal Code); or (c) Third Party Money Laundering perpetrators. Furthermore, the non-materiele dader of the original crime is processed by law in accordance with the rules in the instrument Article 69 of Law Number 8 of 2010 concerning the Prevention and Eradication of money laundering, can be caused by: (a) the perpetrator of the materiale Dader of the original crime has the status of a search list of people; or (b) the case file between the materiale Dader of the original crime and the non-materiale dader of the original crime is separated (splitshing) by a concurrent/almost simultaneous legal process.
PERTANGGUNGJAWABAN PIDANA DEBITUR SELAKU PEMBERI FIDUSIA ATAS PENGALIHAN HAK OBJEK JAMINAN FIDUSIA DI INDONESIA David Pahala; Tofik Yanuar Chandra; Mohamad Ismed
CORPUS JURIS : JURNAL ILMU HUKUM Vol. 2 No. 2 (2026): Vol. 2 No. 2 (2026): CORPUS JURIS : Jurnal Ilmu Hukum, Agustus 2026
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/corpusjuris.v2i2.2922

Abstract

Fiduciary security is a security institution that grants a preferential position to creditors. Based on Law Number 42 of 1999 concerning Fiduciary Security, the object of fiduciary security remains in the possession of the debtor as the grantor of fiduciary security based on trust. However, in practice, debtors often transfer the rights to the object of fiduciary security to third parties without prior written consent from the creditor. Such an act can harm the creditor and violate the principle of trust in the fiduciary agreement. This study aims to analyze the criminal liability of the debtor as the grantor of fiduciary security who transfers the rights to the object of fiduciary security in Indonesia. The method used is normative legal research with a statute approach and a conceptual approach. The results of the study indicate that the act of a debtor who transfers, pawns, or leases the object of fiduciary security without prior written consent from the fiduciary recipient constitutes a criminal offense. This is stipulated in Article 35 letter b in conjunction with Article 23 paragraph 2 of Law Number 42 of 1999 concerning Fiduciary Security. The penalty is imprisonment for a maximum of 2 years and/or a fine of up to IDR 50,000,000.00. This criminal offense is formal in nature and is a complaint-based offense. Thus, the criminal provisions aim to provide legal protection to creditors and create legal certainty so that the object of fiduciary security is not misused by the debtor while the debt has not been repaid.
PENEGAKAN HUKUM TERHADAP SUAMI PELAKU TINDAK PIDANA YANG MELANGSUNGKAN PERKAWINAN KEDUA TANPA IZIN DALAMHUKUM PIDANA INDONESIA Mansur Febrian; Tofik Yanuar Chandra; Mohamad Ismed
CORPUS JURIS : JURNAL ILMU HUKUM Vol. 2 No. 2 (2026): Vol. 2 No. 2 (2026): CORPUS JURIS : Jurnal Ilmu Hukum, Agustus 2026
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/corpusjuris.v2i2.2924

Abstract

From an Islamic legal perspective, unregistered marriages are still considered valid, but under state law, such marriages are not considered valid unless they are registered with the Religious Affairs Office (KUA) or the Civil Registry Office. The problem becomes more complex when unregistered marriages are confronted with Article 402 of the 2023 Criminal Code, which stipulates criminal penalties for remarrying while still legally married. In law enforcement practice, Article 402 of the Criminal Code is often difficult to apply to unregistered marriages due to evidentiary issues, differing interpretations of the validity of the marriage, and the lack of synchronization between criminal and marital norms in the Marriage Law. This situation indicates a disharmony between criminal and marital norms. The research problem is formulated as follows: what forms of marital crimes are defined in Indonesian criminal law and how to enforce the law against perpetrators of marital crimes in the Indonesian criminal justice system. The research method used is a normative juridical legal approach. This research uses a statute approach, a case approach, an analytical approach, and a conceptual approach, which are principally sourced 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 conclusion of this study is that the form of criminal acts of marriage in Indonesian criminal law is regulated in Article 402 of the National Criminal Code which is basically an adoption of Article 279 of the Criminal Code. This provision criminalizes the act of carrying out a marriage when there is still another marriage that is a legal obstacle and law enforcement against perpetrators of criminal acts of marriage in the Indonesian criminal justice system has not fully realized legal certainty. The suggestion of this study is to harmonize the provisions of Article 402 of the Criminal Code with Law Number 1 of 1974 concerning Marriage as amended by Law Number 16 of 2019, especially regarding the definition of "marriage" which is the basis for criminal responsibility and to create a SEMA regarding guidelines or judicial policies that provide direction for the interpretation of the elements of criminal acts of marriage, especially regarding the relationship between the provisions of criminal law and marriage law.
PERTANGGUNGJAWABAN PIDANA KORPORASI SEBAGAI PELAKU TINDAK PIDANA LINGKUNGAN HIDUPDALAM HUKUM PIDANA INDONESIA Ulul Azmi; Tofik Yanuar Chandra; Maryano Maryano
SINERGI : Jurnal Riset Ilmiah Vol. 3 No. 9 (2026): SINERGI : Jurnal Riset Ilmiah, September 2026 (In Press)
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/sinergi.v3i9.2968

Abstract

Environmental crimes involving corporations pose a massive threat of ecological degradation, thus demanding an effective and adaptive criminal liability framework. This study aims to analyze the development of corporate criminal liability regulations in Indonesia, identify obstacles in the implementation level, and assess the prospects for the implementation of the Deferred Prosecution Agreement (DPA) mechanism in environmental law enforcement. The research method used is juridical normative approach to legislation and conceptual.  This study uses normative juridical method by conceptualizing the law as a norm written in the legislation (law in books). Approaches used include statutory approach( statute approach), conceptual approach (conceptual approach), case approach (case approach), and comparative approach (comparative approach). Sources of legal materials consist of primary legal materials in the form of related legislation, secondary legal materials in the form of literature and expert doctrine, and tertiary legal materials as a support. The collection of legal materials is carried out through library studies which are then systematically processed and analyzed using systematic interpretation in order to obtain coherent conclusions on the legal issues studied. The results showed that the configuration of Indonesian criminal law has made rapid progress in establishing corporations as legal subjects through the instrument of the PPLH law, strengthening legitimacy in the new Criminal Code (Law no. 1 of 2023), as well as guidelines for handling cases through PERMA No. 13 of 2016. However, law enforcement in the field is still constrained by the complexity of proof and stuck in the financial-retributive paradigm. Corporate penalties are dominated by fines deposited as non-tax state revenues (PNBP), while the imperative obligation of environmental restoration (ecological remediation) is often overlooked in judicial decisions. As a progressive step, the Deferred Prosecution Agreement (DPA) mechanism accommodated in the renewal of the Criminal Procedure Law (Article 328 of the Criminal Procedure Code) has strategic potential as an alternative to environmental law enforcement. The implementation of DPA offers a restorative approach that integrates the criminal dimension with concrete ecological and social recovery, while encouraging the transformation of corporate governance towards sustainable corporate governance. Thus, DPA can be an effective instrument in realizing ecological justice and supporting the green economy agenda in Indonesia
Co-Authors Achmad Fitrian Achmad Mahendra Ade Nandar Silitonga Agung Makbul Andre Kristian Anriz Nazaruddin Halim Anton Wahyudi Ardiyansah Arif Budiman Arif Riyanto Artanta Barus Artanta Barus Asep Hidayat Barra Bimantara Ginting Baski Baski Basuki Basuki Basuki Berlian Marpaung Bernard Nainggolan Chotibul Umam David Andi David Pahala Dinur Wikra Ananta Edy Prabudy Fadli Adi Rosadi Hedwig A. Mau Helmy Febrianto Rasyd Hemi Marihot Goldfirst Nainggolan Heri Joko Saputro Herlan Herlan Jelly Nassery Joko Sri Widodo Kristiawanto Kristiawanto Madeline Vanessa Audrey Mansur Febrian Marjudin Djafar Maryano, . Maulana Fajri Mohamad Ismed Mohamad Ismed Mohamad Ismed Mohamad Ismed Mohammad Solihin Muhammad Arif Sulaiman Muhammad Aulia Akbar Muhammad Darmansyah Novita Lestari Puti Dwi Jayanti Putra Hutomo Ramlani Lina Sinaulan Rio Verieza Roy Andi Siregar Sanrawan Paparang Santrawan Paparang Santrawan T. Paparang Sefitrios Sefitrios Slamet Santoso Surya Wahyudi Teguh Warjianto Ulul Azmi Victhor Mouri Widiyanto Widiyanto Wika Hawasara Yodi Alfahri Daun Yoelita Yoelita Yuandika Sang Damar Yuhelson Yuhelson Yurisa Martanti