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Legal Protection of Auction Buyers of Mortgage Objects Canceled by Court at the State Property Service Office and Auctions Yusuf, Adrian Hasfi; Gunarto, Gunarto
Jurnal Konstatering Vol 1, No 1 (2022): January 2022
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

This study aims to: analyze the legal remedies of mortgaged object buyers at the State Property Service Office and Auctions that were canceled, To analyze the legal protection of mortgaged object auction buyers at the State Property and Auction Services Office which were canceled by the court, To analyze the mortgage objects in Office of the State Assets and Auction Service which was canceled by the court. Research Methods: The empirical juridical approach is that this research means that in analyzing the problem, it is done by combining legal materials (which are secondary data) with primary data obtained in the field, namely about "Legal Protection Of The Position Of Buyer Auction Objects Of Liability Canceled At The Court' s Decision In The Office Services Of State Property And Auction In The City Of Pekalongan” This type of research is analytical descriptive, that is, this research is analytical descriptive, which describes the data obtained from observations, interviews, documents and field notes, then analyzed in the form of a thesis to describe the problem with the title chosen, namely Legal Protection Of Object Auction Buyer Position Liability Rights Canceled Court Decisions At The State Property Service Office And Auction In Pekalongan City. From the approach, this research uses an empirical juridical approach.
Notary's Responsibility for Errors in the Authentic Deed Making Process Yuhana, Shaza Refa; Hanim, Lathifah; Gunarto, Gunarto
Jurnal Konstatering Vol 4, No 3 (2025): July 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

Abstract. This study aims to analyze the notary's responsibility for errors in the process of making authentic deeds based on Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning the Position of Notary. This study uses a sociological juridical approach with descriptive analytical research specifications, using primary and secondary data collected through literature studies and interviews, then analyzed qualitatively. Based on the study, it is concluded that notaries have legal responsibilities that include civil, criminal, and administrative aspects when errors occur in the process of making authentic deeds. Errors can be categorized into five types, namely errors related to the parties present, the object of the deed, the content of the deed, the formality of the deed, and the notary protocol. The legal implications of these errors can result in the deed being canceled, null and void, or only having evidentiary force as a private deed. The analysis of the case of the High Court Decision Number 166/PDT/2018/PT YYK shows that a simulated deed can be declared null and void and provides legal certainty. Error prevention can be done through a thorough understanding of the regulations, caution, thoroughness in carrying out duties, and proper notary protocol keeping.
Implications of Force Majeure Conditions in the Power Purchase Agreement Carried out by PT PLN Persero in Connection with the Covid-19 Pandemic Nurwahyudin, Dindin Syarief; Gunarto, Gunarto
Jurnal Konstatering Vol 1, No 4 (2022): October 2022
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

Provisions for the establishment of a national disaster due to Covid-19 require residents to limit business activities and daily activities. Communities are required to carry out independent isolation and keep their distance to prevent the transmission of Covid-19. These activity restrictions are referred to as Large-Scale Social Restrictions (PSBB). This situation creates difficult economic conditions for PT PLN Persero as a state company so that it can cause PT PLN Persero to be unable to fulfill its rights and obligations regarding the electricity purchase agreement entered into between PT PLN Persero and private companies. The type of research used is sociological juridical research. The methodology used in this research is descriptive analytical method with an interdisciplinary approach. The results of the study show that difficult conditions due to Covid-19 can be categorized as a Force Majeure situation as stated in the electricity sale and purchase agreement between PT PLN Persero and a private company. Force Majeure or Force Majeure Conditions are interpreted in several articles in the Civil Code, where the concept of force majeure, Force Majeure KAHAR or Force Majeure (in this case called the Force Majeure Condition) is found in several articles, namely Article 1244 of the Civil Code.Keywords: Agreement; Buy; Covid-19; Electricity; Sell.
The Legal Protection for Notary Employees as Witnesses in Making and Inaugurating Deeds Nadiyon, Nadiyon; Gunarto, Gunarto
TABELLIUS: Journal of Law Vol 1, No 3 (2023): September 2023
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

This research aims to find out and analyze the position of notary witnesses in making deeds and how legal protection is for notary employees as witnesses in making and formalizing deeds. This research uses normative juridical research methods. The results of the research conclude that the position of instrumental witness plays a role in witnessing 2 (two) important stages in making a deed, namely the process of reading and signing (validating or formalizing) the deed and legal protection for notary employees as witnesses in making and formalizing the deed. Legal protection is found in the Law. Law of the Republic of Indonesia Number 31 of 2014 concerning Amendments to Law Number 13 of 2006 concerning Protection of Witnesses and Victims. Keywords: Employees; Instrumental; Protection; Witnesses.
Implications of Legal Problems for Police Efforts to Eradicate Online Gambling Crimes W, Ratu Kenya; Gunarto, Gunarto
Jurnal Hukum Khaira Ummah Vol 20, No 4 (2025): December 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i4.51037

Abstract

Abstract. Many online gambling operators are based overseas, making national jurisdictions inadequate for effective legal proceedings. Extradition processes, requests for mutual legal assistance (MLA), and international cooperation are essential, but their implementation is not always smooth due to differences in legal systems and political interests between countries. Therefore, the government and the police need to take effective steps to prevent and stop online gambling practices in society. Based on this situation, efforts to address the problem of online gambling require effective criminal law policies. The purpose of this study is to determine and analyze (1) the dynamics of online gambling in Indonesia from the perspectives of legal sociology and positive law, (2) current police efforts to eradicate online gambling crimes, and (3) legal issues hindering police efforts to eradicate online gambling crimes. The approach used in this study is normative juridical. The research specifications are descriptive and analytical. The data sources used are secondary data. Secondary data is data obtained from library research, consisting of primary legal materials, secondary legal materials, and tertiary legal materials. The research results and discussion can be concluded as follows: (1) Legal sociology considers that in the public's view, it is necessary to improve legal doctrine so that the public can understand the dangerous and destructive impacts of online gambling as well as legal doctrine on the effectiveness of law enforcement against the sources of the increase in online gambling itself. Modernization of law against online gambling is applied to legal products in Law Number 1 of 2024 concerning Electronic Information and Transactions. (2) Technically, the Police eradicate online gambling in collaboration with the Ministry of Communication and Digital, one of the efforts carried out by the National Police's Cyber Crime Directorate is to carry out formal supervision through cyber patrol techniques. The main purpose of carrying out formal supervision is to create a deterrent effect on criminals because the risk of being caught is high. One implementation of this strategy is in the form of the Cyber Patrol method carried out by Sub-Directorate 3 of the Cyber Crime Directorate of the National Police's Criminal Investigation Agency. (3) The Police need support from the government in the form of formulations from a legal and foreign policy perspective to further legitimize Police actions in reaching online gambling crime subjects located abroad. In many cases, online gambling servers or perpetrators' social media accounts are based abroad. When the data and perpetrators are in different jurisdictions, Indonesian authorities must go through a lengthy international cooperation mechanism.
Legal Issues Regarding the Role of the Police in Carrying Out Investigations into Human Trafficking Crimes Rachman, Zaqi Ur; Gunarto, Gunarto
Jurnal Hukum Khaira Ummah Vol 20, No 4 (2025): December 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i4.51129

Abstract

Abstract. The interrelationship between investigators and relevant agencies responsible for protecting victims of human trafficking has also not been optimized. Another problem, which often presents an obstacle, is a lack of understanding of the legal substance of the criminal provisions of the Law on the Eradication of Human Trafficking, which results in delays in case resolution and/or disagreements between investigators and prosecutors regarding the interpretation and analysis of criminal cases under investigation. The aim of this research is to determine and analyze (1) the systematic development of human trafficking in Indonesia, (2) the police's investigative methods for human trafficking crimes, and (3) the legal problems of police investigations into human trafficking crimes. The approach method used in this research is normative juridical. The specifications of this research are analytical descriptive. The data source used is secondary data. Secondary data is data obtained from library research consisting of primary legal materials, secondary legal materials and tertiary legal materials. The research results and discussion can be concluded: (1) In the case of human trafficking in Indonesia, which has been a hot topic in the news for the past few years, the practice has increased, with several ASEAN countries, namely Myanmar, Thailand, Cambodia, Vietnam, and Laos, as the destination for exploitation. The highest number of human trafficking cases is Cambodia. (2) Mechanistically, the first step taken is an investigation and inquiry into reports of suspected human trafficking. Investigators use modern investigative techniques to uncover human trafficking networks that frequently change locations to avoid detection by law enforcement. The process of investigating human trafficking cases begins with receiving reports from the public or findings in the field. In this process, investigators have the authority to receive reports/complaints, both in writing, verbally, and electronically, regarding suspected human trafficking. (3) The problems that arise in the police's efforts to investigate human trafficking crimes are primarily due to the characteristics of this crime, which is carried out through a disconnected network pattern. This makes it difficult to handle or prevent human trafficking. The disconnected network starts from recruitment, transportation, and shelter.
Legal Review of the Implementation of the Investigation System for Money Laundering Crimes Huda, Muhammad Al; Gunarto, Gunarto
Jurnal Hukum Khaira Ummah Vol 20, No 4 (2025): December 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i4.51028

Abstract

Abstract. From a legal political perspective, money laundering has become a crucial link in the crime chain. The Law on the Prevention and Eradication of Money Laundering does not have a comprehensive special procedural law, although money laundering is classified as a serious crime under Law Number 1 of 2023 concerning the Criminal Code (KUHP). Other serious crimes, such as terrorism, narcotics, or corruption, have special procedural laws that clarify the series of activities investigators must undertake to establish evidence. The aim of this research is to find out and analyze (1) the elaboration of the development of money laundering crimes globally and nationally, (2) the system for investigating money laundering crimes from a legal perspective, (3) legal problems in efforts to investigate money laundering crimes. The approach method used in this research is normative juridical. The specifications of this research are analytical descriptive. The data source used is secondary data. Secondary data is data obtained from library research consisting of primary legal materials, secondary legal materials and tertiary legal materials. The research results and discussion can be concluded: (1) In the history of business law, the emergence of money laundering began in the United States since 1930. The centers of large gangsters who were skilled at money laundering in the United States were known as the legendary group Al Capone (Chicago). In the national scope, Indonesia only viewed the practice of money laundering as a crime and set sanctions for the perpetrators when Law No. 15 of 2002 concerning money laundering was enacted. (2) The crime of money laundering is a crime that arises from a previous crime or a subsequent crime. The investigation system with a special method which is the interpretation of the scheme for starting the investigation of the crime of money laundering is Parallel Investigation, Independent Investigation, and Further Investigation. (3) The existence of disparities in interpretation of the provisions of the Law on the Crime of Money Laundering will have implications for many perpetrators of the crime of money laundering who have the potential to be free/escape from legal prosecution. This is because from the perspective of law enforcement, the actions carried out by the perpetrators are not Money Laundering Crimes because there is not perfect placement, layering and integration, or the fraudsters are considered not to fulfill the element of knowing or suspecting "assets resulting from crime".
The Role of the Police in Creating Legal Effectiveness in Facing the Dynamics of the Indonesian Criminal System Putra, Zarma; Gunarto, Gunarto
Jurnal Hukum Khaira Ummah Vol 20, No 4 (2025): December 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i4.51130

Abstract

Abstract. There is a need for a paradigm shift in the criminal justice system across all subsystems, including the police, as the primary entry point for criminalization, which is then pursued through criminal justice, or what is known as the gatekeepers of the criminal justice system. The police, whose role is crucial in addressing Indonesia's criminal justice system challenges, need a concrete response to the evaluation of various issues in criminal law enforcement and sentencing. The aims of this research are (1) the nature of the reality of the development of the Indonesian criminal justice system, (2) the role of the Police in realizing legal effectiveness in addressing the problems of Indonesian criminal justice, (3) a formulative concept for the Police in achieving legal effectiveness in the Indonesian criminal justice system. The approach method used in this research is normative juridical. The specifications of this research are analytical descriptive. The data source used is secondary data. Secondary data is data obtained from library research consisting of primary legal materials, secondary legal materials and tertiary legal materials. The research results and discussion can be concluded: (1) According to the provisions in Article 10 of the Criminal Code, the types of criminal sanctions are divided into several types, including the main penalty consisting of the death penalty, imprisonment, detention, and fines. Then the additional penalties consist of the revocation of certain rights, confiscation of certain items, and the announcement of the judge's decision. (2) The presence of Police Regulation No. 8 of 2021 concerning Restorative Justice provides space for Police members in the Criminal Investigation Unit to resolve cases more quickly and provides normative guidelines for acting to resolve criminal cases using the restorative justice method. In terms of handling cases as determined by Police Regulation No. 8 of 2021, it can be seen that when there is a criminal complaint report where the severity of the case is assessed to be categorized as a light criminal case, that is when restorative justice is attempted. (3) The agenda for legal reform in the process of resolving criminal cases with restorative justice is outlined in the formal source of criminal law, namely the Criminal Procedure Code, as an idea of legal legitimacy for the realization of the legality of the application of restorative justice, which will be more precise and will fulfill legal certainty if accompanied by adequate and comprehensive legal instruments.
Legal Analysis of Corporate Criminal Liability in Corruption Crimes (Study of Decision Number 16/Pid.Sus-Tpk/2022/Pn. Smg) Juliantono, Rozi; Gunarto, Gunarto
Jurnal Hukum Khaira Ummah Vol 20, No 4 (2025): December 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i4.51062

Abstract

Abstract. This research discusses corporate criminal liability in corruption offenses, focusing on Semarang District Court Decision Number 16/Pid.Sus-TPK/2022/PN Smg. The background of this research is based on the widespread practice of corruption, which is not only committed by individuals but also involves corporations as instruments to gain profit against the law. The main issues of this research include: (1) how corporate criminal liability is regulated in corruption offenses under positive law in Indonesia; (2) how corporate criminal liability is applied in Decision Number 16/Pid.Sus-TPK/2022/PN Semarang; and (3) what are the prospects for developing the application of corporate criminal liability in the future. The research method used is a normative legal approach with primary data in the form of laws and court decisions, and secondary data in the form of literature, journals, and legal doctrines. The research results show that the regulation of corporate criminal liability in Indonesia has a clear legal basis through the Anti-Corruption Law, Supreme Court Regulation No. 13 of 2016, and the new Criminal Code (Law No. 1 of 2023). In Semarang District Court Decision No. 16/Pid.Sus-TPK/2022, the judge affirmed that corporations can be held criminally liable under Article 20 of the Anti-Corruption Law, proved the elements of the crime through the identification theory and vicarious liability, and imposed a sentence of fines and restitution. The future outlook indicates that regulations are becoming increasingly stringent, but successful implementation still depends on legal harmonization, the capacity of law enforcement agencies, the compliance culture of the business world, and international cooperation. Thus, corporate criminal liability in corruption offenses serves not only as a repressive instrument for punishment but also as a preventive instrument to deter corruption, strengthen transparent and accountable corporate governance, and achieve substantive justice.
The Underutilized Rehabilitation Policy: Why Local Wisdom Matters in Developing Narcotics Prisoners Tajuddin, Mulyadi Alrianto; Gunarto, Gunarto; Aris Setiyono; Ali Salem Al-Hammouri; Muhammad fitri Adhy
Journal of Sustainable Development and Regulatory Issues (JSDERI) Vol. 4 No. 1 (2026): Journal of Sustainable Development and Regulatory Issues
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jsderi.v4i1.238

Abstract

The persistently high rate of recidivism among narcotics offenders demonstrates that rehabilitation policies within the Indonesian correctional system have not been optimally implemented and continue to produce limited outcomes. Current rehabilitation practices predominantly adopt standardized and administratively driven models that marginalize the social, cultural, and moral dimensions inherent in drug dependency. As a result, these models fail to respond adequately to the complex and context-specific challenges encountered by narcotics prisoners, particularly within Indonesia’s socio-cultural diversity. This study proposes an alternative rehabilitation framework that integrates local wisdom values rooted in Pancasila to construct a more contextual, humane, and socially responsive strategy for reducing recidivism. Using a socio-legal research design and descriptive qualitative methods, the study systematically examines statutory regulations, academic discourse, and living customary norms, with empirical attention directed toward community-based practices in Papua. The analysis indicates that, first, the dominance of standardized and administratively oriented rehabilitation models within the Indonesian correctional system limits their effectiveness in addressing the socio-cultural and moral dimensions of narcotics dependency, thereby contributing to persistent recidivism. Second, local wisdom values grounded in Pancasila, particularly customary deliberation, collective responsibility, and community-based social rehabilitation, function as effective normative mechanisms for fostering moral awareness, personal accountability, and social reintegration among narcotics prisoners. Third, the systematic integration of these local values throughout the rehabilitation process, from sentencing to post-release reintegration, enhances both the practical effectiveness and the substantive legitimacy of correctional policies, reflecting the realization of justice that is contextual, humane, and culturally embedded.
Co-Authors A.A. Ketut Agung Cahyawan W Adi Prasetiyo Adiati Hardjanti Agung Riyadi Agus Dwi Santosa Agus Ekhsan Agus Hartanto Agus Setiawan Agustinus Dian Leo Putra Ahmad Mujib Rohmat Ahmad Yahya Ahmad Zaini AHMADI Akbar, Robby Akhmad Khisni Akhmad Khisni, Akhmad Alfian, Rudi Ali Djamhuri Ali Fakhrudin, Ali Ali Salem Al-Hammouri Andhika Widya Kurniawan Andita Rizkianto Anis Mashdurohatun Ansharullah Ida Apri Rahmadi Arief Rahman Siregar Arif Rachman Wahyu Wicaksono Aris Setiyono Arpangi Arpangi, Arpangi Aryani Witasari As'adi M. Al-ma'ruf Asep Suherdin Bagus Langgeng Prasetiyo Bambang Rudito Bambang Tri Bawono Bambang Tri Bawono Beno Beno Benyamin Ginano, Raihan Gautama Binyamin Binyamin, Binyamin Boma Wira Gumilar Bondan Zakaria Bushido Chaniago, Rizky Darwinsyah Minin DEBIANTHO, Debiantho Desi Ayuwati Ayuwati Dhona Anggun Sutrisna Dian Cahyo Wibowo Dian Pramythasari Utamawati Djuniatno Hasan Doddy Irawan Dwi Fahri Hidayatullah Eko Julianto Eko Nuryanto Eko Sarwono Eli Tri Kursiswanti Endah Wahyuningsih, Sri Endang Sulistyawati Etri Silviyanti Fadhilah, Raudhatul Fahrezi, Dian Fahrurrozi Fahrurrozi Faizal Indra Nor Cahyo Fakhrul Wildan Fariza, Muhammad Fasya, Muhammad Fatik Rahayu Fera Dyah Nur Oktavia, Fera Dyah Feriansyah, Feriansyah Fuazen Fuazen , Fuazen Govari, Muhammad Khoirul Gundiawan, Gundiawan Hadi Ismanto Handono, Reza Prasetyo Hendradiana, Asep Henny Pratiwi Adi Heri Joko Purnomo Heru Sulistyo Hidayat, Mahatir Muhammad Hildania, Hildania Hildania, Hildania Huda, Muhammad Al I Nyoman Garjita Ibnu Hiban Ichsanudin Ichsanudin, Ichsanudin Ila Ria Alfi Insani, Rachmad Wahid Saleh Iqbal Rino Akta Pratama Isman Isman Iswahyudi, Prima Iswahyudi, Prima Iwan, Muhammad Jawade Hafidz Jeifson Sitorus Jelly Leviza Juliantono, Rozi Junaidi Junaidi Kadir, Adies Kukuh Sudarmanto Alugoro, Kukuh Sudarmanto Kusmaryanto Kusmaryanto La Pomaasaa Pomaasaa Lathifah Hanim Lois Yulianto M. Hasyim Muallim Masduqi Masduqi Masngud Afandi Medie, Medie Mizan, Muhammad Lazuardi Azra Moch Faizul Khakim Moh Priyo Manfaat Mohammad Solekhan Muchammad Qomaruddin Qomaruddin Muhamad Riyadi Putra Muhammad fitri Adhy Muhammad Iwan Muhlas Muhlas Mulyadi Alrianto Tajuddin Mundhi, Mundhi Munsharif Abdul Chalim Mustar Mustar Nadiyon, Nadiyon Nenny Probowati Nur Chamid Nur Dwi Edie W Nurpasa, Wibowo Nurrahman, Rian Alfi Nurwahyudin, Dindin Syarief Pamungkas, Rendi Panjaitan, Tiara Robena Pardi Pardi Pratama, Reynold Mifta Prihartadi, Prihartadi Putra, M. Indra Eka Putra, Sanggrayugo Widyajaya Putra, Zarma Rachman, Zaqi Ur RAMDHANI RAMDHANI Reni Widayanti Ria Latifah Rinna Dwi Lestari Risky Eko Novi Artanto Ristya Putri Asriyani Rivan Achmad Purwantono Rizki Maulana, Tubagus Vibi Rochmad, Miftakur Rustaman, Viva Hari Saputri, Pungky Lela Setiyani, Dwi Setiyani, Dwi Sianturi, Patar Mangoloi Sitoresmi, Sitoresmi Soegeng Ari Soebagyo Soeroso, Raka Aprizki Sri Anik, Sri Sri Endah Wahyuningsih Sri Kusriyah Sri Wahyu Murni Sri Yuliati Subiyanto Subiyanto Sufi Hamdani Kurniawan Suhanan, Aan Sukardi Sukardi Sukmanto, Adi Supriyadi, Ujang Suratno Suratno Suseno, Jarot Jati Bagus Suwarno Suwarno Suwito Suwito Syafaat, M. N. Tanduk, Tangke Margonda Teguh Anindito Teguh Prasetyo Tofan Alamsyah Tri Bawono, Bambang Utami, Putri Yuli Videawati, Videawati Vikha Anief Obaydhillah Vita Purnamiati W, Ratu Kenya Wahyu Adhi Admaja Wahyu Wahyu Warman Warman Widi, Prasetya Nugrahaning Wijanarko, Khansa Fara Yeremias Tony Putrawan Yogi Priyambodo Yuhana, Shaza Refa Yuni Ros Bangun Yusran, Fadhel Audia Yusriando Yusriando, Yusriando Yusuf, Adrian Hasfi Zainal Alim Adiwijaya, Zainal Alim Zulyan, M.