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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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THE DEVELOPMENT OF THE INDONESIAN CRIMINAL CODE DERIVED FROM THE YUDICIAL PARDON VALUE IN ISLAMIC LAW Sri Endah Wahyuningsih; Jawade Hafidz
ADDIN Vol 11, No 2 (2017): ADDIN
Publisher : LPPM IAIN Kudus

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21043/addin.v11i2.2475

Abstract

This paper aims to make efforts to develop the Criminal Code derived from the yudicial pardon value in Islamic law as a law that lives and thrives in society. The Criminal Code as the basis of criminal law enforcement is a legacy of the Dutch era which do not know peace to end up the case. It is not in accordance to Pancasila as the basis for legal development in Indonesia. Research method used socio legal and qualitative data analysis. The result of the research claims that Islamic law is a legal source in the development of the justice Criminal Code, forgiveness is possible in the jarimah-hudud and qisas-diyat in solving the criminal case. Implementation in the development of the Criminal Code needs to be added to the reason for the abolition of criminal prosecution if between the perpetrator and the victim is already forgiven, further, in the case of a crime with a slight loss the judge may decide to be forgiven even if the defendant is found guilty.
The Policy Authority of Police in Implementing Rehabilitation Actions ont Narcotics Users Muhammat Teguh Safi'i; Jawade Hafidz; Maryanto Maryanto
Law Development Journal Vol 4, No 1 (2022): March 2022
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.4.1.116-123

Abstract

The purpose of this research is to analyze the police authority policy in the implementation of rehabilitation measures against narcotics users in the current positive law and to analyze the narcotics authority policy in the future positive law. This study used a sociological juridical approach, with a qualitative descriptive research method. The research problem was analyzed using the theory of justice and the theory of the operation of law. The results of the study conclude that 1) Law enforcement of rehabilitation sanctions against narcotics users currently begins when the police conduct investigations and investigations by looking at the criminal provisions of Article 127 paragraphs (2) and (3) so that there is consistency in paying attention to the Articles that regulate the provisions so that Later the addicts and victims of narcotics abusers can be rehabilitated both in rehabilitation and no longer sentenced to prison or imprisonment because the rehabilitation is counted as a period of serving the sentence. 2) In the future positive law formulation, is needed that is built on an integrated and harmonious investigation coordination and supervision system but does not have multiple interpretations so that there is no overlapping investigative authority caused by the arrangements and legislation formulations in positive legal provisions such as the current and current cases. Narcotics abuse can not be handled appropriately.
The Criminal Law Enforcement on the Criminal Act of Employment Arigonnanta Bagus Wicaksono; Bambang Tri Bawono; Jawade Hafidz
Law Development Journal Vol 4, No 1 (2022): March 2022
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.4.1.124-132

Abstract

The aims of this research are: To find out and analyze the law enforcement of the crime of embezzlement in office. To find out and analyze the factors causing the occurrence of criminal acts of embezzlement in office. This study uses an empirical juridical approach, with descriptive analytical research specifications. The data used in this research is secondary data obtained through literature study. The method of data collection is obtained from literature study, then analyzed qualitatively. The result of this research is that the law enforcement of the crime of embezzlement in office is carried out through a penal approach, namely by means of legal remedies. Legal efforts with the penal route focus on repressive actions, namely eradication and crackdown actions to overcome the problem of criminal acts of embezzlement. Legal policies in the effort to enforce criminal law against criminal acts of embezzlement are included in social policies, namely policies or rational efforts in order to achieve public welfare. 
Legal Consequences of the Merger of Companies on the Implementation of Guarantee Function of Mortgage Halim Ady Kurniawan; Widhi Handoko; Jawade Hafidz; Lathifah Hanim
Sultan Agung Notary Law Review Vol 4, No 1 (2022): March 2022
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/sanlar.4.1.74-88

Abstract

This study aims to: 1) Knowing and analyzing the execution of mortgage guarantees due to the company merger, 2) Knowing and analyzing the legal consequences of the merger on mortgage holders to be executed, 3) Knowing the deed of settlement resulting from the company merger on the implementation of the mortgage guarantee function. The research method used empirical juridical, namely by collecting data or statutory regulations, as well as conducting interviews with related respondents. The specifications used in this study were descriptive analysis. Researchers used empirical specifications with primary and secondary data. The primary data used were obtained directly through the opinions and statements of the respondents through interviews and the reality in the field through observation. The secondary data used by the researcher is carried out by conducting a literature study by reviewing, analyzing and then processing it into a descriptive narrative so that it is easy to understand when read. The data analysis method used by researchers from the stages of primary and secondary data obtained would be descriptive-qualitative analysis. Based on the research, it can be concluded that the legal consequences of the company merger on the implementation of the mortgage guarantee function of the old company that had merged did not renew the credit agreement and mortgage certificate after the merger, so that the new company could not carry out the execution due to the negligence of the old company. Even though the guarantee is in the old company's control, the bank is only the seller of the goods, it remains the property of the debtor so that it is against propriety and violates the rights of the owner of the goods if the bank violates it by selling cheap prices. In accordance with developments in Indonesia after the birth of the Mortgage Law, the grosse deed is still maintained by introducing the mortgage certificate which also uses irah-irah so that it has executive power.
Validity of Addendums which Made Under Hands Due to a Default on Cooperation Agreement Deed Lely Yuliana; Jawade Hafidz; Ira Alia Maerani
Sultan Agung Notary Law Review Vol 4, No 1 (2022): March 2022
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/sanlar.4.1.221-228

Abstract

This writing aims to find out and analyze the validity of the addendum made by the parties under the hand due to the occurrence of default of the cooperation agreement deed made before a Notary and to know and analyze the legal considerations by the judge in deciding the case number 15/Pdt.G/2016/PN.Kds. This research method uses a normative juridical approach, which is an approach using secondary data as the main data. Secondary data is data obtained by conducting library research. The results of this study indicate that basically in an agreement it is allowed to add an addendum on the condition that the parties agree, this is because in the addition of an addendum to add, changing or eliminating something in the agreement is always related to the main agreement, as stipulated in Article 1320 of the Civil Code regarding the conditions for the validity of the agreement. The main key to an addendum is the agreement of the parties in accordance with Article 1320 of the Civil Code. 
The Legal Protection for Buyer in Deed of Selling By Using A Substitute Certificate Avia Surya Ningrum; Jawade Hafidz; Widayati Widayati; Peni Rinda Listyawati
Sultan Agung Notary Law Review Vol 4, No 1 (2022): March 2022
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/sanlar.4.1.36-47

Abstract

This study aims to identify and analyze legal protection for land buyers whose certificates use a substitute certificate in the deed of sale and purchase, know and analyse legal certainty of the existence of a replacement certificate if it is charged with mortgage rights and knowing and analyzing examples of sale and purchase deeds using a replacement certificate. The approach method in this research was a normative juridical approach, the research specification was descriptive analytical. The data required includes primary data taken by the literature study method. The data analysis method used descriptive qualitative analysis method. Based on the research concluded that the legal protection for land buyers whose certificates use a replacement certificate in the deed of sale basically the same as legal protection for ordinary Land Rights Certificates. For parcels of land for which a certificate of replacement of land rights has been issued, the Land Office will cancel by law and withdraw and destroy the old certificates that have been previously issued so that one day it does not cause legal disputes. Legal certainty of the existence of a replacement certificate if a mortgage is charged is from: UUPA and Government Regulation Number 24 of 1997 concerning Land Registration in Article 32 paragraph (1) The second certificate (substitute) is a certificate of land rights issued by the Land Office as a substitute for the lost first certificate of the same parcel of land, in this case the subject of the rights the same and the object is also the same. So that the replacement certificate can also be used as collateral for one's debt to financial institutions, both banks and non-banks. The certificate is used as collateral from a financial institution, both bank and non-bank, then the certificate is burdened with mortgage rights, so that because of the legal guarantee of ownership of the land, someone can receive it as securities.
KARAKTERISTIK KEBIJAKAN PENDIDIKAN TINGGI HUKUM INDONESIA BERDASARKAN PANCASILA DAN UNDANG-UNDANG DASAR NEGARA REPUBLIK INDONESIA TAHUN 1945 Jawade Hafids
KERTHA WICAKSANA Vol. 12 No. 1 (2018)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/kw.12.1.2018.22-37

Abstract

Abstrak Pendidikan adalah hak setiap warga Negara sebagaimana diamanatkan dalam pasal 31 Undang-Undang Dasar Negara Republik Indonesia 1945. Pendidikan tinggi yang merupakan bagian dari sistem pendidikan nasional memiliki peran strategis dalam mencerdaskan kehidupan bangsa dan memajukan ilmu pengetahuan dan tekonologi. Lulusan pendidikan tinggi hukum diharuskan untuk dapat bersaing di dalam era globalisasi, tidak hanya dengan sesama lulusan sarjana hukum, akan tetapi juga dengan profesi lainnya. Lulusan pendidikan tinggi hukum harus mempunyai daya saing global dengan penguasaan bahasa asing yang mumpuni khususnya tentang ilmu hukum. Kata kunci : Ilmu Pengetahuan, Pendidikan Tinggi, Ilmu Hukum
Criminal Law Policy In Law Enforcement Of Sim-Swab Crime Dwi Margono; Jawade Hafidz
Law Development Journal Vol 3, No 3 (2021): September 2021
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (466.962 KB) | DOI: 10.30659/ldj.3.3.521-529

Abstract

This study aims to examine and analyze criminal law policies in law enforcement of SIM-Swab crimes, obstacles and legal consequences as well as solutions in law enforcement of SIM-Swab crimes. The research method and approach method used in solving the problem is empirical juridical, namely by reviewing the applicable legal provisions and what is happening in reality in society. The results showed that emergence and development of SIM-Swab crimes has a complex background, not only due to unplanned and well-organized economic development, but also other socio-political factors. Therefore, without being supported by policies in other development fields such as social, economic and political fields, the use of criminal law as a means of overcoming SIM-Swab crimes has very limited capabilities. To optimize the function of criminal law in this effort, it is necessary to integrate social policies and criminal politics as well as integration between the use of penal and non-penal means. The enforcement of criminal law against SIM-Swab crimes has not been maximized and the crimes continue to grow. This is inseparable from the various obstacles faced. First, related to the characteristics of SIM-Swab crimes that are difficult to detect. Second, theoretically, criminal law juridical itself provides limitations in law enforcement and there are still various problems, both regarding the substance of the law, law enforcers, conflicts of interest in society, supporting facilities and legal culture in the banking community. So it is necessary to have a number of policies to correct the various deficiencies that exist.
The Policy For Handling Criminal Acts Of Insult/Hate Speech Or Damage Through Internet Didik Sudarmadi; Jawade Hafidz
Law Development Journal Vol 3, No 3 (2021): September 2021
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (566.153 KB) | DOI: 10.30659/ldj.3.3.481-487

Abstract

The purpose of this study is to find out and analyze the legal policy of the Information and Electronic Transactions Law (ITE) on the handling of criminal acts of defamation via the internet in Indonesia, to find out the obstacles to handling it. This study uses a sociological juridical approach, with analytical descriptive research methods. The results of the study conclude that crime prevention efforts need to be pursued with a policy approach, in the sense that there is an integration between criminal politics and social politics and there is an integration between penal and non-penal crime prevention efforts. The obstacle faced by law enforcement officers today is how to capture cybercrime perpetrators in relation to the provisions of the applicable criminal law. Law enforcement officers are faced with difficulties in determining the qualifications of crimes given the difficulty of finding evidence. As well as solutions for resolving criminal defamation cases through electronic social media at the Indonesian Police in two ways, namely through penal facilities (repressive activities after the occurrence of a crime) and non-penal means, in the form of counseling for preventive actions.
RELEASE OF ALL LEGAL DEMANDS (ONTSLAG VAN RECHT VERVOLGING) IN JUDGMENT'S CONSIDERATION Andi Kusuma Mapareppa; Jawade Hafidz
Law Development Journal Vol 2, No 3 (2020): September 2020
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (576.183 KB) | DOI: 10.30659/ldj.2.3.331-338

Abstract

This study aims to identify and explain the basic position of judges' considerations in issuing a decision free from all lawsuits for the accused and to analyze the development of law, law science and legal information technology and to adjust legal theory and legal practice for the sake of a sense of justice in society. This study uses a normative juridical approach. which refers to the applicable laws and regulations by examining secondary data on the principle of legal certainty, the principle of legal justice, the principle of legal usefulness as regulated in law number 4 of 2009 concerning Judicial Power. Based on the results of this study, there are differences in the meaning or terms between a release decision and an acquittal decision. In the judge's consideration in the case decision No.627 / Pid / Sus / 2018 / PN.Smg, in his consideration the judge stated that the defendant's actions were proven but not a criminal act as in the indictment of the public prosecutor and in accordance with the Semarang District Court judge in imposing a crime having considered juridical, sociological and philosophical considerations, in deciding the decision to be released from all lawsuits (ONTSLAG van RECHTVERVOLGING) based on article 191 paragraph (2) of the Criminal Procedure Code, which reads "If the court is of the opinion that the act of which the defendant is accused is proven, but the act does not constitute a criminal act, then the defendant is acquitted of all lawsuits ”.
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