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All Journal Majalah Ilmiah Sultan Agung JURNAL HUKUM Jurnal Hukum Khaira Ummah Ahkam: Jurnal Ilmu Syariah Masalah-Masalah Hukum ADDIN Jurnal Dinamika Hukum Jurnal Daulat Hukum Pembaharuan Hukum Jurnal Akta The 2nd Proceeding Indonesia Clean of Corruption in 2020" Hasanuddin Law Review KERTHA WICAKSANA DIVERSI : Jurnal Hukum ADDIN JHCLS Law Development Journal Sultan Agung Notary Law Review Jurnal Cakrawala Informasi (JCI) Jurnal Ilmiah Sultan Agung Enrichment: Journal of Multidisciplinary Research and Development
Jawade Hafidz
Faculty Of Law UNISSULA Semarang
Religion Arts Humanities Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Electrical & Electronics Engineering Engineering Environmental Science Health Professions Industrial & Manufacturing Engineering Law, Crime, Criminology & Criminal Justice Library & Information Science Nursing Public Health Social Sciences Other

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Analysis of Judge's Decision in Corruption Crimes (Study of Decision Number 2205 K/Pid.Sus/2022) Zufriansyah, Mohammad; Hafidz, Jawade
Jurnal Hukum Khaira Ummah Vol 20, No 2 (2025): June 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i2.46092

Abstract

The eradication of corruption has not been carried out optimally, where the prosecutor's office often fails to win corruption cases, until the defendant is acquitted. One example of an acquittal for corruption in Decision Number 2205 K / Pid.Sus / 2022. This study aims to determine and analyze the judge's decision in corruption in Decision Number 2205 K / Pid.Sus / 2022 and the basis for the judge's considerations in making a decision on corruption in Decision Number 2205 K / Pid.Sus / 2022. This study uses a normative legal approach method, the research specification is descriptive analytical. The data used are primary data and secondary data while the data collection method is carried out through field studies and literature studies. The data analysis method is qualitative. TThe theories used are the theory of punishment, the theory of justice and the theory of legal certainty. Based on the research results it can be concluded that iImplementation of restorative justice in resolving traffic accidents The judge's decision in the corruption case in Decision Number 2205 K/Pid.Sus/2022 reflects a bad precedent in enforcing corruption law in Indonesia, where the cassation level decision upheld the first level judge's decision, namely that the defendant Samin Tan was declared not legally and convincingly proven to have committed a crime in the first or second indictment and was declared free from all legal charges. The judge in his consideration was not quite right, where the perpetrator should have been punished under Article 5 paragraph (1) of the Corruption Law or Article 13 of the Corruption Law, but the judge stated that the defendant's actions were those of a gratification giver so that he could not be subject to criminal penalties. The breakdown of the elements in the Samin Tan decision did not look at the legal facts directly, because the focus was only on the absence of regulations for the gratification giver, so the judge stated that the defendant was not proven to have committed the crime charged and was declared free.
Effectiveness of Restitution Implementation in Restoring the Rights of Child Victims of Sexual Violence in Semarang City Cahyowati, Yeti; Hafidz, Jawade
Jurnal Hukum Khaira Ummah Vol 20, No 2 (2025): June 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i2.46247

Abstract

Abstract. The issue of the vagueness of the restitution regulation for child victims of sexual violence has resulted in the violation of the rights and justice for child victims of sexual violence. This thesis aims toto know and analyze the effectiveness of the implementation of restitution for child victims of sexual violence in Semarang City at this time and to know and analyze the obstacles and solutions in the implementation of restitution for child victims of sexual violence in Semarang City at this time. The type of approach used is the sociological legal method where law in this study is conceptualized as ideas, culture, and views of society regarding legal regulations implemented in the social environment of society. Based on the research conducted, it is known that the implementation of protection and recovery of child victims of sexual violence has not been effective, this is indicated by the still minimal implementation of restitution for child victims of sexual violence which ultimately also hinders the implementation of rehabilitation for child victims of sexual violence. The obstacles that influence are the constraints of legal regulations that still do not explicitly and clearly contain the implementation of restitution, this culturally also hinders the system of implementing restitution for child victims of sexual violence. The solutions that can be done are Efforts in the Implementation of Counseling, Improving Facilities and Infrastructure in Efforts to Prevent and Eradicating Sexual Harassment Against Children, the Need for a Protection House for Child Victims of Sexual Harassment During the Legal Process, Providing Understanding to Victims Regarding Their Rights, and Need to regulate the amount of restitution for child victims of sexual violence.
Reconstruction of Employment Regulations that are Integral in Realizing Industrial Relations Based on Pancasila Justice subiyanto, Subiyanto; Endah Wahyuningsih, Sri; Hafidz, Jawade; Mashdurohatun, Anis
Enrichment: Journal of Multidisciplinary Research and Development Vol. 2 No. 11 (2025): Enrichment: Journal of Multidisciplinary Research and Development
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/enrichment.v2i11.307

Abstract

This research aims to analyze and discover the extent of the application of the value of Pancasila justice in labor regulations, both the legal structure, the substance of the legal material and the legal culture. To analyze and find the weaknesses of the application of the value of Pancasila justice in labor regulations to reconstruct Indonesian labor regulations, in realizing harmonious, dynamic and fair industrial relations based on the value of Pancasila justice. The sociological juridical research method is an approach to seeing a legal reality in society, this approach uses secondary data as the initial data which is then followed by primary data or field data, with the nature of analytical descriptive research. The theoretical foundation in this dissertation uses the theory of Pancasila justice, the theory of the legal system, the integrative theory and the theory of legal development, as well as the theory of legal protection and the theory of legal certainty. That the substance of the law is the part that determines the direction of law implementation and forms legal culture. The results of research on the construction of existing labor regulations have not been able to realize just industrial relations, because the legal substance (substance of the law) does not yet contain Pancasila justice values ??in labor regulations on an ideal and operational basis, so that a legal culture of dialogue has not yet been realized.
Law Enforcement of Corruption Crimes in the Buru District Attorney's Office with Legal Certainty (Case Study: Decision No. 40/Pid.Sus-Tpk/2022/Pn.Amb) Winanda, Gustian; Hafidz, Jawade
Jurnal Hukum Khaira Ummah Vol 20, No 3 (2025): September 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i3.48142

Abstract

In enforcing corruption laws, the Prosecutor's Office has dual authority: conducting investigations, prosecuting, and enforcing criminal decisions. In practice, several obstacles remain, including difficulties in implementing decisions regarding payment of fines and restitution of state losses. This study aims to examine and analyze the enforcement of corruption laws at the Buru District Prosecutor's Office, the judge's considerations in Decision No. 40/Pid.Sus-Tk/2022/PN.Amb, and future corruption law enforcement in Indonesia. This research uses a sociological juridical approach, with descriptive analytical research specifications. The data used are primary and secondary data. Data collection methods include field studies and literature reviews, and data analysis methods are qualitative. The theories used in this research are the theory of justice, the theory of legal systems and the theory of legal certainty. Based on the research results it can be concluded that the law enforcement of corruption crimes at the Buru District Attorney's Office, particularly in decision Number 40/Pid.Sus-Tk/2022/PN.Amb, has complied with statutory regulations, both in investigations, indictments, prosecutions, and the implementation of judges' decisions. The judge's considerations in decision Number. 40/Pid.Sus-Tk/2022/PN.Amb are appropriate, namely by considering the fulfillment of the elements of the indictment, considering the level of guilt of the defendant, considering the category of state losses caused by the defendant's actions, considering the impact of the defendant's actions, and the benefits obtained by the defendant. In addition, the judge also considered the category of state losses based on the Sentencing Range Matrix of Supreme Court Regulation Number 1 of 2020. Through appropriate considerations, a fair decision was produced. Law enforcement of corruption crimes in Indonesia in the future by the prosecutor's office is to carry out investigations, prosecutions and implement judges' decisions in accordance with the authority regulated in the law. In the future, demands should always include additional penalties in the form of compensation for state losses, realizing criminal penalties for paying fines and compensation for state losses by making maximum efforts by collecting, confiscating assets and auctioning in accordance with statutory provisions and not implementing subsidiary penalties in the form of fines and compensation for convicts.
Legal Analysis Of The Application Of Article 363 Paragraph (1) 5 Of The Kuhp Towards The Criminal Act Of Aggravated Theft From The Perspective Of Islamic Law (Study of Decision Number 666/Pid.B/2025/PN Dps) Ayu Kartika Dewi, Kadek; Hafidz, Jawade
Jurnal Hukum Khaira Ummah Vol 20, No 3 (2025): September 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i3.48144

Abstract

The problem raised in this study originated from a case of aggravated theft recorded in the Denpasar District Court Decision Number 666/Pid.B/2025/PN Dps. This case involved a defendant named Ade Muhamad Wijaya, who was charged with violating the provisions of Article 363 paragraph (1) 5 of the Criminal Code (KUHP) regarding theft committed with aggravated elements. Research methods play a central role in legal scholarly work because they are the primary instrument for answering problem formulations systematically and purposefully. In legal research, a methodological approach must be able to connect legal norms and practices in the field, while also providing space for contextual and equitable legal interpretation. Therefore, the methods used in this research are designed to depict law not only as a normative text but also as a system of values that lives within society. This research uses a juridical-normative research method, namely legal research that emphasizes the study of written legal norms, such as statutory regulations, court decisions, and the doctrines of legal experts. Juridical-normative research focuses on law as a rule that should apply (das sollen), rather than as empirical social behavior (das sein). Application of Article 363 paragraph (1) 5 of the Criminal Code in Decision Number 666/Pid.B/2025/PN Dp: The Denpasar District Court, through Decision Number 666/Pid.B/2025/PN Dps, has correctly applied the provisions of Article 363 paragraph (1) 5 of the Criminal Code, because the defendant's actions fulfill the elements of aggravated theft. The aggravating element lies in the theft being committed under certain circumstances that have more serious consequences than ordinary theft.
A Cross-National Analysis of State Institutional Authority Disputes Hafidz, Jawade
Hasanuddin Law Review VOLUME 11 ISSUE 2, AUGUST 2025
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v11i2.5452

Abstract

The distribution of authority among state institutions is a fundamental component of any governmental framework, as it helps prevent jurisdictional overlaps that could lead to institutional conflicts. When such conflicts over authority do occur, it becomes imperative to have a mechanism in place for their resolution. This study is designed to explore and analyze the comparative regulatory structures for resolving authority disputes among state institutions, as outlined by the legislation in Indonesia, the United States, Germany, and Canada. Furthermore, the research aims to identify the characteristics of disputes concerning state institutional authority and suggest optimal regulatory solutions for their resolution. Utilizing a qualitative and descriptive research approach, this study will clarify the regulatory frameworks for dispute resolution among state institutions, as defined by the current legislation in each country. Each framework is characterized by unique institutions and methods for resolving disputes. The findings reveal that the German Constitutional Court holds the most comprehensive jurisdiction, covering all state institutions in Germany, both at the central and regional levels. In terms of procedural aspects, the legal framework for resolving authority disputes in Germany is more detailed than those in Indonesia, the United States, or Canada, thereby promoting greater transparency and accountability in the dispute resolution process in Germany.
EFEKTIVITAS PENERAPAN SANKSI BAGI PELAKU TINDAK PIDANA PEREDARAN ROKOK ILEGAL (STUDI PUTUSAN NO. 133/PID.B/2025/PN SEMARANG) Amigdala, Zenith; Hafidz, Jawade
Jurnal Ilmiah Penelitian Mahasiswa Vol 4, No 3 (2025): SEPTEMBER 2025
Publisher : Jurnal Ilmiah Sultan Agung

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

Abstract

Dalam dunia perdagangan di Indonsia masih banyak kasus tentang peredaran barang illegal. Perbuatan tersebut merupakan tindak pidana yang masuk dalam bagian kepabeanan dan cukai. Kasus tindak pidana yang terjadi tersebut adalah peredaran rokok illegal yang dimana melanggar peraturan perpajakan atau cukai. Penulisan ini disusun dengan pengumpulan data secara yuridis normatif untuk mengetahui bagaimana proses lengkap penegakan hukum yang dilakukan untuk menangani kasus yang ditulis disusun secara deskriptif analisis yang akan mejelaskan secara urut dan rinci terhadap studi kasus tentang peredaraan rokok illegal yang diambil dari putusan hakim di pengadilan negeri semarang. Pentingnya memaksimalkan hukuman bagi pelaku tindak pidana peredaran rokok illegal agar masayrakat tidak melakukan Tindakan tersebut dan dapat mengurangi kasus di bidang kepabeanan dan cukai. regulasi hukumanan ketika ada minimum dan maksimum penjatuhan hukuman kurang menjadikan pelaku merasa jera atas tindakan yang dilakukan. Dalam hal ini peran pihak Bea dan Cukai sangat penting dalam penanggulangan kasus peredaraan rokok illegal ini. Kata kunci: Perdagangan, tindak pidana, rokok illegal
THE AUTHORITY OF MILITARY COURT IN PUNISHMENT OF CORRUPTION ABUSE OF MILITARY HOUSING SAVINGS FUNDS Hosnah, Asmak ul; Hafidz, Jawade
Jurnal Pembaharuan Hukum Vol 11, No 2 (2024): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v11i2.35804

Abstract

The purpose of this research is to determine the authority of the main military court in prosecuting violations of military conscription savings funds. The research method used in this research uses a normative juridical approach. The results of the research stated that the sentence had been carried out by a judge based on the provisions regulated in the Criminal Code and the Corruption Eradication Law. The examination carried out by the judge from the examination at the court of first instance to the appeal level has not been carried out in the form of reverse evidence. This is related to civil interests, namely PLTN, which is a private legal entity related to housing procurement, only carries out its obligations as a company appointed by the Army TWP Organization for the construction of Army housing. The military criminal justice system needs to be developed so that military judges can give civilians the opportunity to provide reverse evidence, which is the NPP's right as a defendant who does not have TNI status.
Co-Authors Achmad Sulchan Adhitya, Bakhtiar Satria Agung Widodo Ahmad Masdar Tohari Ahmad Mujib Rohmat Amalia Chusna Chusna Amalia Fitri, Dini Amigdala, Zenith Amin Purnawan Anak Agung Putra Dwipayana Andi Hikmawanti Andi Irawan Haqiqi Andi Kusuma Mapareppa Anis Mashdurohatun Apromico Apromico Ardau, Faisal Arif Rakhman Arifullah, Achmad Arigonnanta Bagus Wicaksono Arum Kurnia Sari Ary Yuniastuti Aryani Witasari Asmak UI Hosnah Avia Surya Ningrum Ayu Kartika Dewi, Kadek Bagas Aditya Kurniawan Bambang Sunoto Bambang Tri Bawono Baryadi Baryadi Benseghir, Mourad Cahyowati, Yeti Carki Carki Danang Prasetya Nugraha Denny Suwondo Dian Laras Sukma Dian Yustisia Nabila Didik Sudarmadi Dimas Pratama Yuda, Dimas Doni Cakra Gumilar Dwi Margono Eko Soponyono Soponyono Endah Wahyuningsih, Sri Entin Sholikhah Erwin Chan Esti Ningrum Fadhilah Sundah Fitriani Akrima Gerin Prayoga Gunarto Gunarto Halim Ady Kurniawan Hendy Hendariyadi Hengki Irawan Heri Mulyono Hikmatul Mahfiyyah Ikayanti Ikayanti Indra Jaya Syafputra Indra Muliawan Indriyanto Dian Purnomo Ira Alia Maerani Ira Alia Maerani Ismail, Moch Taufiq Joko Hermawan Sulistyo Khairul Iman Susanto Khalam Faozy Komarudin Komarudin Kukuh Sudarmanto Alugoro, Kukuh Sudarmanto Laksamana Bagas Dewandaru Lathifah Hanim Latifah Hanim Lely Yuliana Lilis Wardani, Lilis Lita Ardita Putri Widyantoro M Madaninabawi M. Rizal Bagaskoro M. Zaenal Arifin Makmaker, Petronela Yosinta Kelyombar Martin Anggiat Maranata Manurung Maryanto Maryanto Muhammad Azam Muhammat Teguh Safi'i Mursito, Bambang Nanang Sri Darmadi Ngadino Ngadino Norma Sari Nuni Trianingrum, Nuni Nur Amanah Amanah Nurul Fuji Sri Hastuti Paruhum, Raja Toga Peni Rinda Listyawati Prasetia Wiranto, Agus Priyantono Priyantono Ranto Cahyoko, Ranto Ridwan, Nanang Rifka Annisa Apriana Riftia Anggita Wulan Sari Rizky Adi Prinandito Robertus David Mahendra Saputra Rois Harliyanto Saddam Hussein Sarbudin Panjaitan Satria, Moh. Pandu Putra Sebastian Wibisono Sefin Anggi Riyantika Setiyawan, Deni Sheila Indah Kurnianingsih Siswanto, Moh. Aris Siti Rohaeti Soegianto Soegianto Sri Endah Wahyuningsih Sri Endah Wahyuningsih Sri Endah Wahyuningsih Sri Kusriyah, Sri Subiyanto Subiyanto Sukatendel, Reggy Permana Suwono Suwono Syaeful Bahri Syahputra, Maulana Juardi Tabah Ikrar Prasetya, Tabah Teguh Anindito Virginia Puspa Dianti Wahid Mahbub Wahyu Hidayat Wahyu Ismail Widayati Widayati Widhi Handoko Wilddan Auliya Winanda, Gustian Wiranto, Agus Prasetia Wulansari, Restu Tri Yeremias Tony Putrawan Yogi Setiyo Pamuji Yunianto Wahyu Sadewa Yustisianto, Dwi Zamaludin Zamaludin Zufriansyah, Mohammad Zulkifli, Muchlis