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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
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.
Co-Authors Achmad Fitrian Achmad Mahendra Ade Nandar Silitonga Agung Makbul Andre Kristian Anriz Nazaruddin Halim Anton Wahyudi Ardiyansah Arif Budiman Artanta Barus Artanta Barus Asep Hidayat Barra Bimantara Ginting Baski Baski Basuki Basuki Berlian Marpaung Bernard Nainggolan Chotibul Umam David Andi 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 Marjudin Djafar Maryano, . Maulana Fajri Mohamad Ismed Mohamad Ismed Mohamad Ismed Mohamad Ismed 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 Victhor Mouri Widiyanto Widiyanto Wika Hawasara Yodi Alfahri Daun Yoelita Yoelita Yuandika Sang Damar Yuhelson Yuhelson Yurisa Martanti