Article Per Year (5 Year)
p-Index From 2021 - 2026
4.739
P-Index
This Author published in this journals
All Journal Arena Hukum Jurnal IUS (Kajian Hukum dan Keadilan) EMITTER International Journal of Engineering Technology Jurnal Akta Jurnal Ilmiah Hukum LEGALITY Al-Daulah : Jurnal Hukum dan Perundangan Islam IJEBD (International Journal Of Entrepreneurship And Business Development) Lex Scientia Law Review Bina Hukum Lingkungan Legal Standing : Jurnal Ilmu Hukum Jurnal Yudisial Al Huquq : Journal of Indonesian Islamic Economic Law Law_Jurnal YURISDIKSI : Jurnal Wacana Hukum dan Sains Jurnal Hukum Saraswati Journal of Innovation Research and Knowledge Jurnal Ilmu Hukum, Humaniora dan Politik (JIHHP) Journal of Law, Poliitic and Humanities Bacarita Law Journal Bina Hukum Lingkungan JUDGE: Jurnal Hukum PESHUM Jurnal Ilmu Sosial dan Humaniora Data : Journal of Information Systems and Management Mizan: Journal of Islamic Law Unnes Law Journal : Jurnal Hukum Universitas Negeri Semarang JICL Jurnal Kajian Pembaruan Hukum
Tahegga Primananda Alfath
Unknown Affiliation
Religion Humanities Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

Published : 39 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 39 Documents
Search

 1   2   3   4 
KEDUDUKAN HUKUM SURAT PERNYATAAN PENOLAKAN WARIS YANG DIBUAT OLEH NOTARIS BERDASARKAN PASAL 1057 KITAB UNDANG-UNDANG HUKUM PERDATA DAN PASAL 15 (1) UU NOMOR II TAHUN 2014 TENTANG JABATAN NOTARIS Ana Maria Clarisa Dhiu Sawi; Tahegga Primananda Alfath; Sri Wahyu Jatmikowati
Law Jurnal Vol 7, No 1 (2026)
Publisher : Universitas Dharmawangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46576/lj.v7i1.9396

Abstract

This research examines the legal standing of a declaration of inheritance refusal deed made by a notary based on Article 1057 of the Indonesian Civil Code. The issue studied is whether a notarial deed can serve as a valid legal instrument for inheritance refusal, and what legal consequences arise from such a deed under civil inheritance law. This study uses a normative legal research method with statutory, conceptual, and case approaches. The legal materials analyzed consist of primary, secondary, and tertiary legal sources, which are interpreted descriptively and qualitatively. The findings show that inheritance refusal under Article 1057 of the Civil Code must be expressed clearly through a statement submitted to the district court registry, as required by law. Therefore, a notarial deed of inheritance refusal functions primarily as written evidence of the heir’s intention, but it does not automatically replace the formal procedure required by law. Accordingly, a notarial deed of inheritance refusal has evidentiary value as an authentic deed regarding the existence of the statement, yet it does not by itself produce legal consequences of inheritance refusal unless the statutory procedure is fulfilled. In this context, the notary must ensure that the contents of the deed reflect the parties’ intentions and do not conflict with applicable laws and regulations.
Reconstruction of Criminal Limits For The Spread of Terrorist Propaganda on Social Media Amdex Dwi Setyo Yudho; Tahegga Primananda Alfath
Judge : Jurnal Hukum Vol. 6 No. 08 (2026): Judge : Jurnal Hukum
Publisher : Cattleya Darmaya Fortuna

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54209/judge.v6i8.2183

Abstract

This study aims to analyze the limitations of criminal punishment for the dissemination of terrorist propaganda on social media and to formulate a more proportional reconstruction of criminal law policy. The approach used is normative legal research with descriptive-analytical specifications through a literature study of relevant legislation, court decisions, and scientific literature. The analysis was conducted qualitatively using grammatical, systematic, and teleological interpretation methods to assess the suitability of positive legal norms with the development of digital propaganda modes. The results show that the current legal formulation still leaves ambiguity in distinguishing the level of involvement of propaganda disseminators on social media, thus potentially leading to overcriminalization. The proposed reconstruction emphasizes the importance of differentiating criminal liability based on intent, links to terrorist networks, and the potential real impact of content dissemination. This model is expected to achieve a balance between effective counterterrorism and the protection of human rights in a democratic state governed by the rule of law.
Kewenangan Kelurahan di Kota Surabaya dalam Menemukan Kepemilikan Hak Atas Tanah Eko Susilo; Tahegga Primananda Alfath
Jurnal Ilmu Sosial dan Humaniora Vol. 2 No. 1 (2026): JANUARI-MARET
Publisher : Indo Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63822/9gvf3z63

Abstract

This study aims to analyze and identify the authority of urban villages (Kelurahan) in Surabaya City in the context of determining land ownership rights and to examine the legal consequences arising from these policies or actions. This issue is crucial given the frequent ambiguity in the role of urban villages in the field in land administration. The research method used is a juridical-normative approach, analyzing laws and regulations, specifically Law Number 5 of 1960 concerning the Basic Agrarian Law (UUPA) and its derivative regulations, which are then linked to practical implementation in Surabaya City. The results indicate that, from a juridical-normative perspective, urban villages (Kelurahan) in Surabaya City do not have attributive or substantive authority to determine the legal status of land ownership rights. The exclusive authority to determine rights rests with the National Land Agency (BPN). However, in practice, urban villages (Kelurahan) play a significant role as verifiers of physical ownership and administrators of land history at the local level. This role is realized through the issuance of documents such as the Certificate of Physical Control of a Land Plot (Sporadik), which serves as initial evidence and an essential prerequisite for the initial land registration process at the BPN. Regarding legal consequences, the Village Head's actions are divided into two: first, the issuance of administrative documents (Sporadic) is valid as factual evidence, but does not have final legal force to declare ownership. Second, if the Village Head acts beyond his authority (ultra vires) by attempting to establish rights, then his legal product is null and void because it violates the principles of legality and the hierarchy of laws and regulations. The conclusion of this study emphasizes the need for a clear understanding of the limits of the Village Head's authority to ensure legal certainty and order in the land sector in Surabaya City.
Tanggung Gugat atas Tindakan Pusat Pelaporan dan Analisis Transaksi Keuangan (PPATK) yang Melakukan Pemblokiran Rekening Dormant Nasabah Perbankan Sandy Resa Ramadhan; Tahegga Primananda Alfath
Jurnal Ilmu Sosial dan Humaniora Vol. 2 No. 1 (2026): JANUARI-MARET
Publisher : Indo Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63822/55mwgr18

Abstract

Financial Transaction Reports and Analysis Center (PPATK), as an independent institution authorized to prevent and eradicate money laundering (TPPU) when blocking dormant accounts (passive accounts) belonging to banking customers. This blocking is often carried out without any strong initial indication of TPPU, based solely on passive criteria that are feared to become a means of concealing illegal funds. Although PPATK's actions have a legal basis in Law No. 8 of 2010, its implementation causes material and non-material losses for customers whose accounts are blocked, especially for customers who are compliant and not involved in criminal activities. The normative-empirical research method is used to examine related laws and regulations, field practices, and court decisions. The research results indicate that, theoretically, the PPATK's liability can be enforced through an unlawful act lawsuit (PMH) under Article 1365 of the Civil Code, considering that disproportionate and unreasonable blocking can be categorized as an arbitrary act (detournement de pouvoir) that violates the customer's fundamental rights. Furthermore, administrative and criminal liability can also potentially be applied if there is negligence or abuse of authority in the blocking process. These findings emphasize the importance of establishing more specific dormant criteria and establishing clear and expeditious objection and recovery procedures for aggrieved customers, in order to maintain a balance between efforts to eradicate financial crime and protect customers' civil rights.
KEWENANGAN PEMERINTAH DAERAH DALAM DUKUNGAN PENGEMBALIAN PINJAMAN KOPERASI DESA MERAH PUTIH BERDASARKAN PERATURAN MENTERI DESA NOMOR 10 TAHUN 2025 Nur Farida; Tahegga Primananda Alfath
Journal of Innovation Research and Knowledge Vol. 5 No. 8 (2026): Januari 2026
Publisher : Bajang Institute

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

Abstract

In order to accelerate economic development, the Central Government launched a strategic initiative in the form of establishing Koperasi Desa Merah Putih (KDMP). To facilitate the KDMP's access to large amounts of capital from banks (State-Owned Banks Association/Himbara), the Government issued a supporting regulation, namely Permendes PDT 10/2025, which specifically regulates the Loan Repayment Support mechanism that must be provided by the Village Government. The purpose of this study is to examine the principles of appropriateness and priority in the use of village funds as regulated in the Village Law and the form and limits of the authority of Local Governments (Regencies/Cities) in drafting derivative regulations aimed at mitigating the fiscal and governance risks of KDMP. The research method used is a normative juridical method with a statutory approach and a conceptual approach. The study concluded that the allocation of funds to support loan repayments is appropriate as long as it functions as a safety net (not an initial guarantee) and is subject to a maximum limit of 30% of the annual village fund ceiling. The authority of local governments (regencies/cities) in drafting derivative regulations (regency/city regulations) has strict substantive limitations
KEDUDUKAN HUKUM SURAT PERNYATAAN PENOLAKAN WARIS YANG DIBUAT OLEH NOTARIS BERDASARKAN PASAL 1057 KITAB UNDANG-UNDANG HUKUM PERDATA DAN PASAL 15 (1) UU NOMOR II TAHUN 2014 TENTANG JABATAN NOTARIS Ana Maria Clarisa Dhiu Sawi; Tahegga Primananda Alfath; Sri Wahyu Jatmikowati
Law Jurnal Vol. 7 No. 1 (2026)
Publisher : Universitas Dharmawangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46576/lj.v7i1.9396

Abstract

This research examines the legal standing of a declaration of inheritance refusal deed made by a notary based on Article 1057 of the Indonesian Civil Code. The issue studied is whether a notarial deed can serve as a valid legal instrument for inheritance refusal, and what legal consequences arise from such a deed under civil inheritance law. This study uses a normative legal research method with statutory, conceptual, and case approaches. The legal materials analyzed consist of primary, secondary, and tertiary legal sources, which are interpreted descriptively and qualitatively. The findings show that inheritance refusal under Article 1057 of the Civil Code must be expressed clearly through a statement submitted to the district court registry, as required by law. Therefore, a notarial deed of inheritance refusal functions primarily as written evidence of the heir’s intention, but it does not automatically replace the formal procedure required by law. Accordingly, a notarial deed of inheritance refusal has evidentiary value as an authentic deed regarding the existence of the statement, yet it does not by itself produce legal consequences of inheritance refusal unless the statutory procedure is fulfilled. In this context, the notary must ensure that the contents of the deed reflect the parties’ intentions and do not conflict with applicable laws and regulations.
Rejuvenasi Peraturan Pengelolaan Prekursor: Ratio Legis dan Efektivitas Alfath, Tahegga Primananda; Anita, Kristy
Jurnal Kajian Pembaruan Hukum Vol. 2 No. 1 (2022): January-June 2022
Publisher : University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jkph.v2i1.27823

Abstract

This legal research aims to examine the legal aspect ratio of legal instruments relating to pharmaceutical precursors as they relate to rejuvenation efforts; while at the same time reviewing based on the perspective of legal effectiveness on the regulation of pharmaceutical precursors. The results of this study state that the ratio of precursors to legislative regulation can be seen from three approaches, namely philosophical, juridical, and sociological. On the philosophical aspect, the 1945 Constitution provides an obligation to the government to provide welfare for matters related to health, the use of pharmaceutical precursors by the public. Then, from a juridical aspect, there are various legal products related to the management and utilization of pharmaceutical precursors; as the legal instruments are interrelated with each other. Sociologically, the illegal production and use of psychotropic substances through precursors will disrupt the economy, security and public health. However, the regulation on precursors has not been implemented in terms of structure, substance, effectiveness or culture; Thus, there are still many deviations in the management of precursors in the community.
The Urgency of The Judge's Supervisory Role Regarding Restorative Justice Implemented by Police Investigators to Prevent the Commodification of Criminal Cases Andreas Gunawan Cibro; Tahegga Primananda Alfath
Journal of Law, Politic and Humanities Vol. 6 No. 5 (2026): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v6i5.3626

Abstract

The urgency of the judge’s role as a supervisor over the implementation of restorative justice by police investigators has become an important issue in the development of Indonesia’s criminal justice system following the enactment of Law Number 1 of 2023 concerning the Criminal Code. The reform of national criminal law reflects a paradigm shift from a purely retributive approach toward a more restorative, humane, and recovery-oriented system. Within this framework, restorative justice is increasingly recognized as an alternative mechanism for resolving criminal cases by emphasizing reconciliation, restoration of losses, and the participation of offenders, victims, and the community in achieving a fair settlement. In practice, police investigators play a strategic role in determining whether a criminal case may be resolved through restorative justice at the investigation stage. However, the broad discretionary authority granted to investigators raises concerns regarding accountability, legal certainty, and the protection of victims’ rights. Normatively, various regulations have provided legal grounds for the implementation of restorative justice by the Indonesian National Police. Nevertheless, the existing legal framework has not yet clearly regulated the relationship between the authority of investigators to terminate investigations through restorative justice and the supervisory function of judges within the criminal justice system. This situation creates a legal gap that may lead to inconsistencies in the application of restorative justice and potentially weaken public confidence in criminal law enforcement. Therefore, the concept of Judicial Scrutiny emerges as a mechanism to ensure that restorative justice agreements are carried out voluntarily, fairly, and in accordance with the principles of restorative justice. Judicial supervision is expected to function as an instrument of checks and balances over the exercise of investigative discretion without undermining the effectiveness of criminal investigations. Furthermore, one of the major challenges in implementing restorative justice is the potential commodification of criminal cases through transactional settlements commonly referred to as “buying and selling cases.” The absence of effective supervisory mechanisms may increase the risk of abuse of authority and allow restorative justice to be used as a means of avoiding criminal accountability rather than achieving genuine restoration. In this regard, the role of judges as supervisors becomes increasingly important in ensuring that restorative justice remains oriented toward the protection and restoration of victims’ rights, accountability of offenders, and the realization of substantive justice. Accordingly, an ideal model of judicial supervision is required to create a more transparent, accountable, and fair restorative justice system while preventing the commodification of criminal cases within Indonesia’s criminal justice framework.
Application of the Lex Favor Reo Principle to the Offense of Child Grooming under the National Criminal Code Alex Julius Ananda Tambunan; Tahegga Primananda Alfath
Journal of Law, Politic and Humanities Vol. 6 No. 5 (2026): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v6i5.3676

Abstract

This research is motivated by developments in national criminal law following the enactment of Law Number 1 of 2023 concerning the Criminal Code, which establishes the lex favor reo principle in Article 3. This principle mandates the application of the law most favorable to the defendant in the event of changes to legislation. Meanwhile, the rise of digital sexual crimes specifically child grooming presents a legal issue, as the act is not explicitly regulated in the National Criminal Code. This situation creates a dilemma between protecting the defendant's rights via the principle of legality and the need to protect children from digital sexual exploitation. Accordingly, this research addresses two issues: (1) the regulation of the lex favor reo principle within the National Criminal Code, and (2) the application of the lex favor reo principle to the crime of child grooming under the National Criminal Code. The study employs a normative-juridical research method, utilizing statutory, conceptual, and case-based approaches. Legal materials include primary sources (legislation), secondary sources (legal books and journals), and supporting tertiary sources. The findings indicate that the lex favor reo principle in the National Criminal Code serves as a safeguard for human rights and substantive justice, requiring the application of the most lenient law to the defendant. However, applying this principle to child grooming reveals a normative gap, as child grooming is not explicitly defined as a specific criminal offense. Therefore, a reformulation of national criminal law is required one that is more adaptive to the evolution of digital sexual crimes to ensure legal certainty while providing maximum protection for children.
Co-Authors Adimas Ardhiyoko Agustin, Noer Musdalifah Alex Julius Ananda Tambunan Amdex Dwi Setyo Yudho Ana Maria Clarisa Dhiu Sawi Ananda Putri, Adhelia Andreas Gunawan Cibro Anisatul Ulfa Anita, Kristy cahya, waskita Chatarina Umbul Wahyuni Chetya Dwi Mandasari Dewa Ramadhan Edshafa Muharatulloh Eko Susilo Endriyan Habilillah Febry Dwi Prehatiningsih Galih Puji Mulyono Heru Kuswanto Ihwan Nul Padli Jannah, Roudlatul Kamisutara, Made Kukuh Muljo Rahardjo Latipah Moch. David Herdiansyah Moh. Bagus Muhammad Yakup Muharatulloh, Edshafa Nabila Sandy Sinta Nur Farida Nynda Fatmawati Octarina, Nynda Fatmawati Prayoga, Nur Restu Prehatiningsih, Febry Dwi Radian Salman Rahagiyanto, Angga Rasidi, Ameliya Richo Fernando Sitorus Riyo Lian Nugroho Riyo Lian Nugroho, Riyo Lian Rohi, Arvy Iedara Safira Wulandari Sandy Resa Ramadhan Setyonagoro, Permadi Sitorus, Richo Fernando Slamet Winardi Sri Wahyu Jatmikowati Sri Wahyuningtyas, Sri Sukardi Sukardi Susilo, Kunto Eko Sutanto, Slamet Hari Syaiful Hadi Syarifudin, Trianita Yandhini Tatiek Sri Djatmiati Toti Valentino Putra Tresna Maulana Fahrudin Trianita Yandhini Syarifudin Winda Rahmawati Winda Rahmawati Wulandari, Safira