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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 Pena Justisia: Media Komunikasi dan Kajian Hukum ADDIN JHCLS Law Development Journal Sultan Agung Notary Law Review Jurnal Cakrawala Informasi (JCI) Lex Publica Jurnal Ilmiah Sultan Agung Enrichment: Journal of Multidisciplinary Research and Development MILRev: Metro Islamic Law Review Jurnal Konstatering TABELLIUS
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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Legal Analysis of the Reform of the Criminal Procedure Guidelines Based on the Republic of Indonesia Law Number 1 of 2023 Concerning the Criminal Code Saija, Jovita Agustien; 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.v20i2.46019

Abstract

The 1945 Constitution of the Republic of Indonesia affirms that Indonesia is a state of law. One of the important principles of a state of law is the existence of an independent judicial power and free from the influence of other powers in administering justice in order to uphold law and justice. The approach method used in this study is the normative legal approach. The normative approach, also known as legal studies, positive legal studies, doctrinal law, and pure law, focuses on written regulations or prevailing community norms. Based on the results of the research and discussion conducted by the Author, the following conclusions are drawn: 1. Law of the Republic of Indonesia Number 1 of 1946 concerning Criminal Law Regulations (Old Criminal Code) and Law of the Republic of Indonesia Number 1 of 2023 concerning the Criminal Code (New Criminal Code) have different types of criminal penalties and purposes of punishment. The independence and freedom of judges in trying and deciding criminal cases can be divided into 2 (two) points, namely the freedom of judges in accepting, assessing, and constructing every evidence presented in the trial to determine the guilt of the Defendant and the freedom of judges in sentencing the Defendant. The presence of sentencing guidelines in the New Criminal Code has reduced the judge's "absolute discretion", especially in terms of sentencing
Legal Review of the Basis for Judge's Considerations in Issuing a Decision to Acquit All Legal Charges for the Criminal Act of Using Land Without Permission (Study of Decision Number 7/Pid.C/Daf.Pid/2023/PN.Sbw) Suryandari, Marnita Eka; 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.v20i2.46072

Abstract

Land as a gift from God Almighty is a natural resource that is greatly needed by humans to meet their needs. Land has an important role in people's lives, both as a place to live, a place to plant crops, a means of production, construction of facilities and infrastructure, and economic assets. Soil consists of mineral particles, organic matter, water, air, and living things. Given the importance of land, the management, utilization and control of land is carried out by the state. This is as mandated in Article 33 paragraph (3) of the 1945 Constitution which emphasizes that the earth, water and natural resources contained therein are controlled by the state and used for the greatest prosperity of the people. Thus, the prosperity of the people is the spirit and ultimate goal of the welfare state which must be realized by the state and government of Indonesia. The approach method used in this research is normative juridical, namely legal research conducted by examining library materials (secondary data) which includes research on legal principles, legal systematics, the level of synchronization of laws and regulations, comparative law or legal history. Considering, that based on the facts revealed in relation to the understanding of the element of using land according to the Judge, it has been proven that the Defendants have cultivated and planted coconut trees, banana trees, corn trees and built a hut on the land, where the Defendants planted trees on the land because the Defendants believe that the land belongs to their parents named M. Daud, which statement of the Defendants is also strengthened by the statement of witnesses M. Yunus and witness Rabusi Andang, even the land has also been controlled by other parties, which is proven by the statement of witness Mardi who has purchased land from the reporting witness Fahrizal with an area of 10,000 M² (ten thousand square meters), where the land purchased by witness Mardi is a unit of land owned by M. Daud's parents with a total area of 3 (three) hectares 20 (twenty) ares where currently the Defendants control the land with an area of 22,000 M².
Legal Analysis of Criminalization of Children Perpetrators of the Crime of Theft with Aggravation Based on Pancasila Justice (Criminal Case Study Decision Number: 57/Pid.B/2024/PN Nab) Satria, Rifai Ermin; 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.v20i2.46205

Abstract

Abstract. Law is a norm or rule that contains mandatory legislation and anyone who violates the article will receive legal sanctions. The legal subjects who are to be prosecuted are not only those who have actually committed unlawful acts, but also legal acts that may arise and equip the state to act in accordance with the laws currently in force. Crime is an offense, namely things that are contrary to or in conflict with the legal principles that are the beliefs of human life and are not bound by law. Crimes that often occur in society lately include robbery, burglary, murder and rape. One type of crime that often occurs in society is theft. The crime of theft is a crime that is officially stipulated as prohibited and punishable, in this case it is an act defined as "stealing". If translated from the word "zich toeeigenen" it is "to control", because after discussing the numbers, the reader will understand that "zich toeeigenen" has a very different meaning from the meaning of "owning" which is clearly widely used and widely known until now in the Criminal Code which has been translated into Indonesian in the article, even though it is true that the statute of "ownership" itself is also included in the meaning of "zich toeeigenen" as understood in Article 362 of the Criminal Code. The case in Decision Number 57/Pid.B/2024/PN Nabire relates to a criminal act of aggravated theft that occurred on Tuesday, March 5, 2024 at around 04.00 WIT, at Jalan Mongonsidi RT/RW 002/003, Oyehe Village, Nabire District, Nabire Regency. The defendant Andika Wisnu Wijaya together with Child Witness ISBA PELLU alias IBAX (who was processed in the child case file Number 4/Pid.Sus-Anak/2024/PN Nap), as well as two other people who currently have DPO status, namely Brian Rumbewas and Sedek Kum, committed the theft together. The perpetrators used two motorbikes to get around and monitor the location. When crossing Jalan Mongonsidi, they saw the window of the boarding house open, then decided to commit the theft.
Exploring Abhakalan Culture (Early Marriage) in Madura: A Dialogue of Customary Law, Religion, and The State Setiyawan, Deni; Wahyuningsih, Sri Endah; Hafidz, Jawade; Mashdurohatun, Anis; Benseghir, Mourad
AHKAM : Jurnal Ilmu Syariah Vol. 24 No. 2 (2024)
Publisher : Universitas Islam Negeri Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/ajis.v24i2.36070

Abstract

This study explores the culture of Abhakalan in Madura in the context of early marriage, analyzing its intersections with customary law, religion, and the state. While aimed at preserving family honor, this practice often prioritizes the principle of ḍarran (harm), leading to gender inequality and injustices toward women. The research seeks to evaluate the implications of this cultural practice on women's rights and gender equality, using an empirical legal method grounded in conflict theory and social change, combined with Islamic concepts of ‘urf (accepted custom), naf'an (benefit), and ḍarran (harm). Findings indicate that Abhakalan culture denies women agency in marriage decisions, perpetuating stereotypes of female inferiority and limiting their opportunities for empowerment and education. This study highlights the need for cultural reform through gender advocacy, mindset shifts, and family economic empowerment. By fostering dialogue among customary law, religion, and state policies, the research underscores pathways to equitable and sustainable gender equality. AbstrakPenelitian ini mengkaji budaya Abhakalan di Madura dalam konteks pernikahan dini dengan menganalisis keterkaitannya dengan hukum adat, agama, dan negara. Meskipun bertujuan menjaga kehormatan keluarga, praktik ini sering mengedepankan prinsip ḍarran (bahaya) yang berujung pada ketidakadilan terhadap perempuan dan ketimpangan gender. Penelitian ini bertujuan untuk mengevaluasi dampak budaya ini terhadap hak-hak perempuan dan kesetaraan gender, menggunakan metode hukum empiris yang berlandaskan teori konflik dan perubahan sosial, serta konsep Islam seperti ‘urf (adat yang diterima), naf’an (manfaat), dan ḍarran (kerugian). Temuan menunjukkan bahwa budaya Abhakalan mengabaikan hak perempuan dalam pengambilan keputusan terkait pernikahan, memperkuat stereotip inferioritas perempuan, serta membatasi peluang pendidikan dan pemberdayaan mereka. Penelitian ini menekankan pentingnya reformasi budaya melalui advokasi gender, perubahan pola pikir, dan pemberdayaan ekonomi keluarga, dan dengan mendorong dialog antara hukum adat, agama, dan kebijakan negara, studi ini menawarkan langkah menuju kesetaraan gender yang adil dan berkelanjutan
Contemporary Legal Accountability Reform in Public Procurement: A Framework Integrating Ethical Norms and Anti-Corruption Mechanisms Jawade Hafidz; Muhammad Dias Saktiawan; Agus Prasetia Wiranto; Aditya Noviyansyah; Ahmed Kheir Osman
MILRev: Metro Islamic Law Review Vol. 4 No. 1 (2025): MILRev: Metro Islamic Law Review
Publisher : Faculty of Sharia, IAIN Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/milrev.v4i1.10664

Abstract

Government procurement of goods and services is a strategic sector that is vulnerable to irregularities and corruption. Therefore, reforming legal accountability in this area is crucial to creating governance that is clean, transparent, and has integrity. This study offers an alternative approach to public procurement reform by integrating Islamic principles as an ethical and normative foundation for building a sound governance system and an anti-corruption framework. This research uses a normative-qualitative method, analyzing various legal documents, Islamic literature, and modern governance theories. It focuses on fundamental Islamic values such as ʿadalah (justice), amanah (honesty and responsibility), maslahah (public welfare), and hisbah (social oversight). These values are highly relevant for addressing accountability challenges in public procurement. The findings show that applying these principles can strengthen the ethical dimension of procurement regulations, improve transparency in the tender process, and clarify public accountability mechanisms. The integration of Islamic values is not intended to replace existing positive law but to enrich and complement the legal framework with a moral and spiritual approach rooted in Islamic legal tradition. Academically, this study contributes by providing a new conceptual framework that combines Islamic ethical norms with public governance and anti-corruption law. This approach creates space for dialogue between Islamic legal tradition and modern legal practice, offering a more holistic solution to corruption issues in public procurement. 
Dispute Resolution Model for Procurement of Government Goods and Services from State Administrative Law Perspective Hafidz, Jawade; Pamungkas, Achmad J
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 1 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i1.4351

Abstract

Agreements for the procurement of goods/services with the principles of State Administration law are basically the same as agreements and generally give rise to rights and obligations of the parties which are called achievements. If these achievements are not fulfilled or there is a default by one of the parties, this will ultimately lead to a dispute between the parties. In this regard, the main problem studied is the model for resolving disputes over government procurement of goods and services agreements from a State Administrative Law perspective. The research method used is Normative Juridical which is based on secondary data. The results of the research show that the resolution of disputes over agreements for the procurement of Government Goods and Services from the legal perspective of the State Administration is carried out through non-litigation channels (Consultation, Mediation and/or Arbitration), while the Litigation route can be submitted to the Court within its absolute competence, namely the State Administrative Court, District Court by means of file a simple lawsuit or ordinary event lawsuit.
The Principle of Presumption of Validity as Immunity and Legal Protection for Notaries in Making Authentic Deeds Nafisah, Durorun; Hafidz, Jawade; Djunaedi, Djunaedi
Jurnal Konstatering Vol 4, No 3 (2025): July 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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

Abstract

Abstract. This study aims to determine and analyze the principle of presumption of legality as immunity and legal protection for notaries in making authentic deeds. The type of research is normative legal research using the statute approach, case approach, and conceptual approach derived from secondary data sources containing primary legal materials, secondary legal materials, and tertiary legal materials. Based on the research, it is concluded that the Principle of Presumption of Validity (Presumptio Lustae Causa) means that a Notarial deed must be considered valid and binding on the parties until a party declares the deed invalid by filing a civil lawsuit with a general court. The Notarial Deed remains valid and binding on the parties or anyone interested in the deed, during and throughout the course of the lawsuit until a court decision has permanent legal force (inkrah). The parties who file a lawsuit with the court for the invalidity of the Notarial deed must be able to prove the invalidity of the Notarial deed from its external, formal, and material aspects. Preventive steps that must be adhered to and carried out by a notary in making an authentic deed so that they are free from civil sanctions and administrative sanctions are by complying with and implementing the provisions in the Notary Law.
The Legal Responsibilities of Officials Making Land Deeds against the Crime of Forgery of Sale and Purchase Deeds Kinanthi, Lembah Nurani Anjar; Hafidz, Jawade
Jurnal Konstatering Vol 2, No 2 (2023): April 2023
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

This study aims to identify and analyze the legal responsibility of land deed drafting officials for the crime of sale and purchase deed forgery. This study uses a normative juridical approach (normative legal research method), uses a Statute Approach and a Case Approach. The type and source of data that researchers use is secondary data, divided into primary legal materials, secondary law as well as tertiary law. The data collection method uses document study or literature study and the data analysis method uses qualitative methods. Based on the research, it was concluded that the legal responsibility of the official making the land deed who committed the criminal act of falsifying the sale and purchase deed in Decision No. 248/Pid.B/2022/Pn.Jkt.Brt., states that if the defendant F, SH.MKn and the defendant IR, SH, with imprisonment for two years and eight months each, a fine of IDR 1,000,000,000 each. The deed of sale and purchase as well as the full power of attorney made by the two PPATs are truly inauthentic or contain defects, so that the position of the deed of sale and purchase as an authentic deed can be canceled and the status of the sale and purchase agreement is degraded to an underhanded agreement. Meanwhile, the responsibility of the official making the land deed as a general official for inauthentic sales and purchase deeds, namely administrative responsibility, civil responsibility and criminal responsibility. Keywords: Accountability; Land; Purchase.
The Comparison of Defaults in Credit Agreements by Customers of Conventional Banks and Islamic Banks Ruselia, Mawar; Hafidz, Jawade
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

The banking industry has a very important role in the rotation of the economy. Banks as economic drivers with government assistance, provide credit facilities for the community and need each other to carry out the circulation of money in Indonesia, in which banks provide credit to the community, as well as the community is assisted financially in the form of credit capital obtained from banks. However, from the symbiosis of mutualism that exists, there are still many problems between banks and their customers related to defaults on credit agreements in both conventional banks and Islamic banks, especially conventional banks and Islamic banks in the city of Kendari, Southeast Sulawesi Province. This research method uses normative legal research, with a comparative legal approach, and the statutory regulatory approach. The results of this study areSettlement of credit agreement default disputes at conventional banks and Islamic banks consists of two ways, both litigation and non-litigation, in which the settlement of litigation disputes on conventional banks is resolved in the District Court while Islamic banks are resolved in the Religious Courts. Likewise, non-litigation dispute resolution at both conventional banks and Islamic banks has the same method with different applications starting from coaching, resheduling, reconditioning, restructuring, to confiscating assets which these two banks have different applications.Keywords : Agreement; Bank; Credit; Comparison.
The Role of Notaries in Agreements Made by Individual Companies with Other Parties Mulia, Fina Adinda; Hafidz, Jawade
Jurnal Konstatering Vol 3, No 1 (2024): January 2024
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

Agreements made between individual companies and other parties require the role of a notary so that the parties are protected from legal problems in the future. This study aims to determine the role of a notary in agreements made by individual companies with other parties and to determine the obstacles faced by notaries in agreements made by individual companies with other parties. The research approach method used in this thesis is an empirical legal research method, The specifications of this research are descriptive analytical, The type of data used in this study uses primary data which includes: the 1945 Constitution, the Civil Code, Law No. 40 of 2007 concerning Limited Liability Companies, Law No. 11 of 2020 concerning Job Creation, Government Regulation No. 8 of 2021 concerning the Authorized Capital of Companies and Registration of the Establishment, Amendments, and Dissolution of Companies That Meet the Criteria for Micro and Small Businesses. As well as secondary data containing books and other supporting documents. Collection of research data using interview techniques, observation and literature studies. The data analysis method uses qualitative data analysis techniques. The results of the study show that: First, in an agreement between a sole proprietorship and another party, the role of a notary cannot be ignored. A notary has roles such as: Providing legal advice and considerations, Ensuring that the agreement document is correct and complete, Formulating the will of the parties, Issuing a copy of the agreement deed to all parties involved, Safely storing the authentic agreement deed that has been made. Second, the constraints of a notary in an agreement made by a sole proprietorship with another party: Lack of understanding of the parties about the law, Incomplete documents, Lack of information from the parties, Disagreement of the parties.Keywords: Agreement; Notary; Proprietorship; Sole.
Co-Authors A. Saiful Aziz Achmad J Pamungkas, Achmad J Achmad Sulchan Adhitya, Bakhtiar Satria Aditya Noviyansyah Agung Widodo Agus Prasetia Wiranto Ahmad Masdar Tohari Ahmad Mujib Rohmat Ahmad Zahrial, Fadhil Ahmed Kheir Osman Al Majid, Muchammad Bachtiar Alfian, Danang Amalia Chusna Chusna Amalia Fitri, Dini Amigdala, Zenith Amin Purnawan Anak Agung Putra Dwipayana Andi Hikmawanti Andi Irawan Haqiqi Andi Kusuma Mapareppa Anis Mashdurohatun Aprillus Riwu, Hary Agung Apromico Apromico Aqil, Muhammad Zumri Ardau, Faisal Arif Rakhman Arifullah, Achmad Arigonnanta Bagus Wicaksono Ariyani, Sahida 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 Bambang Tri Bawono Baryadi Baryadi Benseghir, Mourad Budi, Anita Widyaningrum Budianto, Ari Cahyowati, Yeti Carki Carki Danang Prasetya Nugraha Denny Suwondo Dian Laras Sukma Dian Yustisia Nabila Didik Sudarmadi Dimas Pratama Yuda, Dimas Djunaedi Djunaedi Doni Cakra Gumilar Dwi Margono Dwi Saputra, Andy Bharata Yudha Eko Soponyono Soponyono Endah Wahyuningsih, Sri Entin Sholikhah Erwin Chan Esti Ningrum Fadhilah Sundah Fitriani Akrima Ganis Vitayanty Noor Gerin Prayoga Gunarto Gunarto Halim Ady Kurniawan Harviyana, Marisa Hasana, Dahniarti Hendy Hendariyadi Hengki Irawan Heri Mulyono Hermawan, Ecep Maman Hikmatul Mahfiyyah Huda, Indra Kusuma Ikayanti Ikayanti Indra Jaya Syafputra Indra Muliawan Indriyanto Dian Purnomo Ira Alia Maerani Ira Alia Maerani Ismail, Moch Taufiq Ismi, Nur Joko Hermawan Sulistyo Kasih, Chintya Cinta Khairuddin, Muhammad Khairul Iman Susanto Khalam Faozy Kinanthi, Lembah Nurani Anjar Komarudin Komarudin Kukuh Sudarmanto Alugoro, Kukuh Sudarmanto Laksamana Bagas Dewandaru Laksono, Ruananda Kharismatika Lathifah Hanim Latifah Hanim Lely Yuliana Lilis Wardani, Lilis Lita Ardita Putri Widyantoro M Madaninabawi M. Rizal Bagaskoro M. Zaenal Arifin Mahmutarom Harun Rasyid Makmaker, Petronela Yosinta Kelyombar Mansyah, Angra Martin Anggiat Maranata Manurung Maryanto Maryanto Monika, Julia Muhammad Azam Muhammad Dias Saktiawan Muhammad Najmuddin, Muhammad Muhammat Teguh Safi'i Mulia, Fina Adinda Mursito, Bambang Nafisah, Durorun Nanang Sri Darmadi Ngadino Ngadino Norma Sari Novita, Puteri Mela Nuha, Revana Mahran Nuni Trianingrum, Nuni Nur Amanah Amanah Nurul Fuji Sri Hastuti nuryana nuryana, nuryana Octaviani, Sri Ayuning Triana Rizqi Oktavianto, Heri Paruhum, Raja Toga Peni Rinda Listyawati Pertiwi, Tusi Wirahayu Prameswari, Kintan Kartika Prasetia Wiranto, Agus Prasetyo, Seno Pratidina, Merry Fitri Priyantono Priyantono Putri, Ristien Gita Eka Ranto Cahyoko, Ranto Ridwan, Nanang Rifka Annisa Apriana Riftia Anggita Wulan Sari Rizky Adi Prinandito Robertus David Mahendra Saputra Rois Harliyanto Romiz Rizqullah, Fakhri Ruselia, Mawar Saddam Hussein Sahroni Sofyan, Yusuf Saija, Jovita Agustien Saputra, Muhammad Rezki Wira Sarbudin Panjaitan Satria, Moh. Pandu Putra Satria, Rifai Ermin Satyo, Bagus Khusfi Sebastian Wibisono Sefin Anggi Riyantika Septiarni Marsang, Ni Dya Setiawan Budiman, Puja Setiyawan, Deni Setiyo Nugroho, Latif Sheila Indah Kurnianingsih sholikah, Dianita Imroatus Siswanto, Moh. Aris Siti Maemunah Siti Rohaeti Situmorang, Saut Tua Soegianto Soegianto Sofyan, Yusuf Sahroni Sri Endah Wahyuningsih Sri Endah Wahyuningsih Sri Endah Wahyuningsih Sri Kusriyah, Sri Subiyanto Subiyanto Sukatendel, Reggy Permana Supriyanti, Nadila Marta Suryandari, Marnita Eka Suwondo, Denny Suwono Suwono Suyatmi Suyatmi Syaeful Bahri Syahputra, Maulana Juardi Tabah Ikrar Prasetya, Tabah Taufani, Rizki Teguh Anindito Tri Handayani Tri Widyastuti Ulfah, Ulu Maeni Virginia Puspa Dianti Wahid Mahbub Wahyu Hidayat Wahyu Ismail Watiah, Watiah Widayati Widayati Widhi Handoko Wijaya, Dwi Julianto Wijaya, Eko Wilddan Auliya Winanda, Gustian Wiranto, Agus Prasetia Wulansari, Restu Tri Yansyah, Dedi Yeremias Tony Putrawan Yogi Setiyo Pamuji Yunianto Wahyu Sadewa Yustisianto, Dwi ZA, Arief Febriyanto Zamaludin Zamaludin Zufriansyah, Mohammad Zulkifli, Muchlis