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All Journal Majalah Ilmiah Sultan Agung JURNAL HUKUM Jurnal Hukum Khaira Ummah Ahkam: Jurnal Ilmu Syariah Masalah-Masalah Hukum 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

Author-ID : 272658

Religion 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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Law Enforcement against Criminal Action with Fingerprint Evidence Wilddan Auliya; Jawade Hafidz
Law Development Journal Vol 2, No 3 (2020): September 2020
Publisher : Universitas Islam Sultan Agung

The objectives of this study are 1) To study and analyze law enforcement against the perpetrator of the crime of theft using fingerprint evidence. 2) To analyze the factors that influence law enforcement against the perpetrators of criminal acts of theft. 3) To formulate should be obstacles and solutions in law enforcement against perpetrators of criminal acts of theft with fingerprint evidence in the future. This research method uses empirical juridical research. The results of the study concluded that: 1) Law enforcement against perpetrators of criminal acts of theft with fingerprint evidence uses 2 (two) means, namely: a) Non-penal means are law enforcement against criminal acts using the means non penal includes the use of social facilities to improve certain social conditions, but indirectly affects efforts to prevent crime. b) Penal facility Penal facility is the prevention of crime by using criminal law and for studying fingerprints or often referred to as evidence which is one part of assistive science used by the police in taking and studying fingerprints. 2) The factors that influence law enforcement on the eradication of criminal acts of theft consist of internal and external factors. Internal factors consist of social inequality, economic inequality, injustice. 3) Constraints and solutions in law enforcement against perpetrators of criminal acts of theft with fingerprint evidence a) the obstacles faced are legal aspects and aspects of investigators b) Solutions in law enforcement against perpetrators of criminal acts of theft with fingerprint evidence require a role/action Indonesian Police in law enforcement, especially in handling criminal acts of theft with fingerprint evidence (dactyloscopy), it can be seen that the police action in dealing with criminal acts of theft in the future is besides maintaining its procedures (Permanent Program), namely chain patrols, early detection, handling of TKP that were attacked by the Police, Polwiltabes and Central Java Regional Police/as well as case titles until the case is revealed.

Evidence System of Counting Elements of State Loss Against Corruption Criminal Actions in Indonesian Criminal Jurisdiction System M. Rizal Bagaskoro; Jawade Hafidz
Law Development Journal Vol 2, No 4 (2020): December 2020
Publisher : Universitas Islam Sultan Agung

This study seeks to answer the problem of what is the legal problem in the process of proving the calculation of elements of the State Financial Loss on Corruption? And what is the solution to legal problems in Evidence of Calculation of Elements of State Financial Losses on Corruption in the Criminal Justice System? Research for is normative research. Based on the research, it can be concluded that the problems of the legal system are related to the substance of the law in law enforcement on corruption which is detrimental to state finances and problems in the legal system related to the legal structure in law enforcement in criminal acts of corruption that are detrimental to state finances.

Juridical Analysis of Crimination against Civilizers of Civil Crimination Sebastian Wibisono; Jawade Hafidz; Ira Alia Maerani
Law Development Journal Vol 3, No 1 (2021): March 2021
Publisher : Universitas Islam Sultan Agung

The formulation of the problem in this research is: What is the process of convicting the perpetrators of criminal acts of detention at the Kendal District Court? What are the obstacles faced by judges in examining and deciding cases of criminal detention at the Kendal District Court and what are the solutions? What is the judge's consideration in deciding criminal cases at the Kendal District Court? The method used by researchers is a sociological juridical legal approach and the specifications in this study include descriptive analytical. Based on the results of research that pThe criminal process for the perpetrators of a criminal act of detention at the Kendal District Court is that the defendant is charged under Article 480 paragraph (1) of the Criminal Code concerning detention. The convictions of the perpetrators of criminal acts at the Kendal District Court in this case the verdict handed down by the Panel of Judges against the defendant was lighter than the charges. Obstacles, namely the imposition of crimes by judges who may be considered lightly by some people in general. The solution is efforts to prevent criminal acts in society, as it is known, the provision of a deterrent effect through the provision of sanctions. Judges' considerations in Deciding Criminal Cases at Kendal District Court are correct, because based on the evidence presented at the trial, it shows that the defendant is found guilty of committing the criminal act of detention and matching all the elements in Article 480 of the Criminal Code. However, the imprisonment imposed by the panel of judges is relatively lighter than the demands of the public prosecutor in which the demands of the public prosecutor are also considered light so that they can provide a deterrent effect on the perpetrators of criminal custody.

The Role & Responsibility of Notaries for the Lost Minuta Due to Notary's Negligence Arum Kurnia Sari; Jawade Hafidz
Sultan Agung Notary Law Review Vol 3, No 2 (2021): June 2021
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

The purpose of this research is to find out and analyze: 1). The role and responsibility of the Notary in solving the problem of the loss of the minutes of the deed due to his negligence. 2) Legal implications for a Notary who due to negligence results in the loss of the minutes of the deed. The approach method in this research is sociological juridical. The data used are primary and secondary data obtained through interviews and literature study. The technique of collecting legal materials in this research is by using observation, interview and study document techniques, while the data analysis method is done by analytical descriptive method. The results of the research concluded: 1) The role and responsibility of the Notary in solving the problem of the loss of minutes of deed due to negligence is in accordance with Article 16 paragraph (1) letter b of the Notary Position Act, namely making a deed in the form of a minuta deed and storing it as part of the Notary Protocol. In resolving the loss of the minutes of the deed, one of them is to compensate the parties for losses. 2) The legal implication for a Notary who due to his negligence results in the loss of the minutes of the deed can be sanctioned, as stated in Article 9 paragraph (1) letter d of the UUJN namely temporary dismissal from his position as a Notary If the Notary in making the deed is not in accordance with the laws and regulations applicable law, in this case is not in accordance with UUJN, then the act of the Notary can be qualified as a violation of the law. Unlawful Acts are regulated in Article 1365 to Article 1380 of the Civil Code that every unlawful act causes harm to another person causing the person because of his fault to make the loss to compensate for the loss.

Standing Authentic Evidence Which Application Made By Notary-PPAT Of Uitvoerbaar Bij Voorraad (Ruling That Can Run Over First) Saddam Hussein; Jawade Hafidz
Sultan Agung Notary Law Review Vol 2, No 2 (2020): June 2020
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

This study aims to determine the extent of the Status Evidence Authentic Notary or PPAT made towards the implementation of Voerbaar Uit Voorraad Bij (The decision to run first) in the District Court of Class IA Kendari. This study uses normative juridical approach, where data is collected through the study of literature materials and interviews and then analyzed by qualitative descriptive method is an argument of a logical and systematic law in accordance with the formulation of the problem has been formulated.From the results of the research it is concluded that from the point of view of the Law of Evidence in the world of Justice in Indonesia that the Position of Authentic Evidence made by a Notary or PPAT is the same / equivalent to other Authentic Evidence made by other authorized officials such as BPN, Camat, Bailiff, etc., as well as Decisions that can be implemented in advance (uitvoerbaar bij voorraad) and decisions that have permanent strength still experience obstacles in their implementation. These obstacles are caused by both juridical and non-juridical factors. Decisions that can be implemented first (uitvoerbaar bij voorraad) are still very rare, practiced in district courts, especially the Klas IA Kendari district court, that based on our research results, data is obtained that within a period of 4 years, from January 2016 to December 2019 The Kendari District Court has only 1 (one) decision regarding the uitvoerbaar bij voorraad. The obstacles experienced by judges in the District Court, especially the Kendari District Court, are due to the tight supervision of the High Court and the Supreme Court. Because in order to carry out a decision that can be implemented in advance (uitvoerbaar bij voorraad), it must obtain approval from the High Court, and even the High Court before allowing the implementation of the decision or execution, sometimes asking for consideration from the Supreme Court. This is the cause of the Judges' reluctance to issue a verdict that can be implemented first (uitvoerbaar bij voorraad).

Juridical Analysis of Court Decisions Regarding Adopted Children in Their Position as Sole Heirs Hikmatul Mahfiyyah; Jawade Hafidz
Sultan Agung Notary Law Review Vol 3, No 4 (2021): December 2021
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

It is human nature to live peacefully and happily with a complete family. As a complement to a family is the birth of children. When the offspring in the form of the desired child is not obtained naturally, it is done by adopting a child. The legal basis for regulating child adoption prior to the enactment of Government Regulation Number 54 of 2007 concerning the Implementation of Child Adoption, is carried out based on customary law, sharia law, and also based on a deed of adoption made before a notary, but after the enactment of Government Regulation Number 54 of 2007 concerning Implementation of Adoption child, the adoption of a child must be carried out through a court decision or stipulation. The need for a notary deed here is meant by the existence of a deed made before a notary, the deviations in a child adoption process will be minimized. The act of adopting a child contains juridical consequences that the adopted child has legal standing against the adopter, also includes the right to be able to inherit the wealth left by his adoptive parents at the time of death.

Analysis of the Authority of the Substitute Notary Public in Preparing a Cooperative Establishment Deed Virginia Puspa Dianti; Jawade Hafidz; Amin Purnawan
Sultan Agung Notary Law Review Vol 2, No 4 (2020): December 2020
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

The main objective of cooperatives is established as regulated in Article 4 of Act No 17 of 2012 to improve the welfare of Members in particular and society in general, as well as as an inseparable part of a democratic and just national economic order. The formulation of the problem in this research is how to implement the establishment of a Cooperative deed according to Act No 17 of 2012? And does the substitute notary have the authority to make a cooperative deed? The type of research used by the author is normative legal research by examining library materials related to the authority of the substitute notary in making cooperative establishment deeds based on a qualitative approach. Sources and types of data in this study were obtained through secondary data. To obtain the necessary data, the author collects laws and regulations relating to the title that the author takes. In addition, the author can obtain information through searching books and scientific works of legal experts. In this case the Author analyzes the Authority of the Substitute Notary in Preparing the Cooperative Establishment Deed. From this research, the author obtained the following results: (1) The establishment of a Cooperative is carried out by means of a Cooperative Establishment Deed made by a Notary registered at the Ministry of Cooperatives in Indonesian. (2) Substitute Notary Public can also make a Cooperative Deed of Establishment as long as the Substitute Notary is registered with the Ministry that administers Government affairs in the field of cooperatives.

Imposition of Added Tax Value on Notary Services/PPAT Andi Hikmawanti; Jawade Hafidz
Sultan Agung Notary Law Review Vol 2, No 2 (2020): June 2020
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

With the imposition of Added Tax Value (ATV) on notary / PPAT services, it is necessary to know the implementation of the imposition of Added Tax Value on Notaries / PPAT based on the Added Tax Value law and what problems and solutions are faced in charging ATV for such notary / PPAT services. This research is descriptive analytical with an empirical juridical approach with the research location in the Kendari City area. Based on the research results, it was found that the Notary / PPAT in Kendari City has not been registered as a Taxable Entrepreneur in Kendari City. This is due to several reasons, namely the tax office still has difficulty calculating the value of the deed made by the Notary / PPAT in Kendari City because no reporting. Another problem that hinders the collection of ATV for Notaries / PPATs is the demand for collection wages as the government gives incentives to agencies that collect taxes so that they are willing to establish themselves as taxable entrepreneurs.

Implementation of Notary House Employment Agreements in the Selling of Land and Building Indra Muliawan; Jawade Hafidz
Sultan Agung Notary Law Review Vol 3, No 2 (2021): June 2021
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

The research entitled "Implementation of Notary House Vacationing Agreements in the Sale and Purchase of Land and Buildings in Randudongkal Pemalang Regency", in order to find out and analyze the legal protection of buyers in the implementation of notarial house emptying agreements in the sale and purchase of land and buildings, as well as obstacles and solutions to realize a sense of belonging justice for the implementation of the notarial vacancy agreement in the sale and purchase of land and buildings. This study uses an empirical juridical approach, which is a legal research conducted by researching and examining existing facts in line with observations in the field. Legal protection against the buyer in the implementation of the notarial house emptying agreement in the sale and purchase of land and buildings, is considered This is important because the sale and purchase agreement has been signed so that the object of sale and purchase has turned into the property of the buyer, however the seller or other person who occupies the house has not been able to leave or vacate the house. The seller or other person who occupies the house cannot immediately vacate the house after the rights have been transferred, because they are not ready to move house or have not obtained a replacement house. Based on these circumstances, the parties agree to make a separate agreement to complete the sale and purchase agreement that has been made. The agreement is agreed upon by the seller and the buyer or the parties in the form of an agreement to vacate the house which is notarized. Legal certainty of a notarial vacancy agreement, concerning when the seller or other person who occupies the house leaves or vacates the house. If the specified date turns out to be that the seller or other person occupying the house cannot leave or vacate the house, a fine per day is imposed, the amount of which is agreed upon in the agreement by the seller and buyer or the parties. In the notarial agreement to vacate the house, it is necessary to include a clause that the buyer is obliged to provide severance pay to the seller as much as agreed by both parties. Severance pay must be paid by the buyer to the seller after the house is delivered empty by the seller to the buyer. This is intended as compensation that has been agreed between the seller and the buyer, and as a balance between the rights and obligations obtained by both parties in the agreement. If the seller or other person occupying the house is ready to leave or vacate the house, but the buyer is unable to pay or provide severance pay to the seller or other person who occupies the house, the buyer is subject to a fine as much as agreed by the parties.

The Juridical Analysis of Role & Responsibility of Notaries in Dispute Settlement with Mediation Zamaludin Zamaludin; Jawade Hafidz
Sultan Agung Notary Law Review Vol 3, No 2 (2021): June 2021
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

This journal will explore and discuss in order to be able to analyze and be able to find out about Juridical Analysis of the Role and Responsibilities of Notaries in Settlement of Disputes by Mediation/Peace. In this case Problem A peace deed is an agreement between two or more parties in which they request legal force assisted by a mediator in accepting and carrying out the contents of the agreed agreement. Peace decisions have executive power as described in Article 1858 of the Civil Code (hereinafter referred to as the Civil Code), Article 130 HIR paragraphs 2 and 3. Based on this, the peace agreement resulting from a dispute resolution process must be stated in written form, it aims to prevent the re-emergence of the same dispute in the future. This legal research aims to find out what is the role of a notary in settlement with peace outside the court and how is the responsibility of a notary in resolving disputes against a peace deed made before a notary and what is the legal force of a peace deed made before a notary. In this case deed of peace can be in the form of an underhand deed or an authentic deed made by a notary. This research is a normative juridical research that is used is the approach, namely: the juridical approach is used for research that refers to existing literature studies or to the secondary data used. While the normative approach is used to obtain normative knowledge about the relationship between one regulation and another and its application in practice. Types of legal materials used: Primary Legal Materials, Secondary Legal Materials and Tertiary Legal Materials obtained through literature study and data obtained from related parties. That is in Juridical Analysis of the Roles and Responsibilities of Notaries in Settlement of Disputes Amicably

Co-Authors Achmad Arifulloh, Achmad 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 Ayuning Maharanti, Resa Bagas Aditya Kurniawan Bambang Sunoto Bambang Tri Bawono Bambang Tri Bawono Baryadi Baryadi Benseghir, Mourad Budi, Anita Widyaningrum Budianto, Ari Cahyowati, Yeti Carki Carki Chaidar, Muhammad 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 Fatihah, Istinur Fitriani Akrima Gerin Prayoga Gunarto Gunarto Halim Ady Kurniawan Harviyana, Marisa Hasana, Dahniarti Hemas Mardikawati, Trisakti 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 Maharanti, Resa Ayuning Makmaker, Petronela Yosinta Kelyombar Mansyah, Angra Martin Anggiat Maranata Manurung Maryanto Maryanto Monika, Julia Muhammad Aswin Muhammad Azam Muhammad Dias Saktiawan Muhammad Najmuddin, Muhammad Muhammat Teguh Safi'i Mulia, Fina Adinda Mursito, Bambang Nafisah, Durorun Nanang Sri Darmadi Ngadino Ngadino Nirwana, Erza Aulia 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 Ritza Aurelia, Tsabita Rizky Adi Prinandito Robertus David Mahendra Saputra Rohman, Idris 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 Widyastuti Ulfah, Ulu Maeni Virginia Puspa Dianti Wahid Mahbub Wahyu Hidayat Wahyu Ismail Watiah, Watiah Widayati Widayati Widhi Handoko Widyasari, Andini 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

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