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All Journal JURNAL MAGISTER HUKUM UDAYANA Jurnal Legalitas Jurnal Cakrawala Hukum Pembaharuan Hukum Jurnal Akta Jurnal Penelitian Hukum De Jure Udayana Journal of Law and Culture Journal of Social Science International Journal of Educational Review, Law And Social Sciences (IJERLAS) Audito Comparative Law Journal (ACLJ) Ius Poenale Journal of Social Science Journal of International Islamic Law, Human Right and Public Policy Jurnal Dinamika Hukum
Abdul Madjid
Departemen Of Law, Universitas Brawijaya, Malang, East Java, Indonesia
Religion Arts Humanities Chemistry Education Environmental Science Immunology & microbiology Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Materials Science & Nanotechnology Physics Social Sciences Other

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Relation Between Plea of Guilty and Defendants Right in RUU KUHAP (An Overview Through “Jalur Khusus” System) Intan Khoirun Nisa'; Abdul Madjid; Setiawan Noerdajasakti
Jurnal Magister Hukum Udayana (Udayana Master Law Journal) Vol 12 No 4 (2023)
Publisher : University of Udayana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/JMHU.2023.v12.i04.p06

Abstract

The stacks of cases in judicial institutions hinder achieving the principles of fast, simple, low-cost justice. Through the Drafting Team for the Criminal Procedure Code Draft, the intention is to try to adopt a system that commonly applies in the common law legal system, namely plea bargaining “jalur khusus”” which is shown in Article 199 of the RUU KUHAP. This research intends to examine the concept of plea of guilty used in special channels and to look for the relationship between giving a plea of guilty and the rights of the defendant. This research uses normative juridical research methods or library legal research using conceptual and analytical approaches. The technique for collecting legal materials used is the library research model. From this research it can be concluded that the plea of guilty given by the defendant to the indictment by the public prosecutor must be voluntary, in this case, the judge will assess the truth of the Plea of Guilty. It brings consequences that the trial process will faster for the defendant. However, ““jalur khusus”” do not specifically regulate what defendant right will release if he confesses to the charges, moreover there is a gap that need to be resolve. This has the potential for uncertainty for the defendant. Apart from that, there is no regulation regarding the right to file legal action which will have an impact on the defendant's right to obtain legal certainty regarding efficient time to achieve a speedy trial.
Pertanggungjawaban Pejabat Pembuat Akta Tanah Perihal Surat Pernyataan Keabsahan Pendaftaran Hak Tanggungan Elektronik Arifatul Aininta Mardjoni; Abdul Madjid; R. Imam Rahmat Sjafi’i
Jurnal Magister Hukum Udayana (Udayana Master Law Journal) Vol 13 No 1 (2024)
Publisher : University of Udayana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/JMHU.2024.v13.i01.p15

Abstract

After the enactment of ATR/BPN Ministerial Regulation Number 5 of 2020 concerning Electronic Integrated Mortgage Services, the regulations regarding the Statement of Validity and Veracity of Documents as a condition for registering Electronic Mortgage Rights which must be attached to the PPAT will apply. This research aims to examine in more depth the limits of PPAT's responsibility as guarantor of the Statement of Validity and Correctness of Documents, bearing in mind that the inclusion of this letter is mandatory based on article 10 paragraph 2 of the ATR/BPN Ministerial Regulation because it is part of the administrative procedure in registering the latest electronic mortgage rights. The type of research used in this research is normative legal research. The results of this research explain that the difference between Conventional Ht and Ht-el has additional provisions, where PPAT is responsible for the Letter of Accountability for the validity and correctness of the documents which are a requirement for complete registration of Mortgage Rights. This is regulated in ATR/BPN Ministerial Regulation No. 5 of 2020. However, PPAT's responsibility in terms of this statement of truth is limited to formal truth only, and is also limited to the duties of PPAT's position. However, if there is an error or negligence committed by PPAT and as long as it can be proven, then PPAT can be held administratively, civilly or criminally responsible. Setelah diberlakukannya Permen ATR/BPN Nomor 5 Tahun 2020 tentang Pelayanan Hak Tanggungan Terintregasi Secara Elektronik maka berlakulah peraturan mengenai Surat Pernyataan Keabsahan dan Kebenaran Dokumen sebagai syarat pendaftaran Hak Tanggungan Elektronik yang wajib dilampirkan PPAT. Penelitian ini bertujuan untuk mengkaji lebih dalam megenai batasan pertanggungjawaban PPAT selaku penjamin Surat Pernyataan Keabsahan dan Kebenaran Dokumen, mengingat penyertaan surat ini wajib berdasarkan pasal 10 ayat 2 Permen ATR/BPN karena merupakan bagian dari prosedur administratif dalam pendaftaran hak tanggungan eletronik yang terbaru. Jenis penelitian yang digunakan dalam penelitian ini adalah penelitian hukum normative. Hasil penelitian ini menjelaskan bahwa Perbedaan antara Ht Konvensional dan Ht-el memiliki ketentuan tambahan, di mana PPAT bertanggung jawab atas Surat Pertanggungjawaban keabsahan dan Kebenaran Dokumen yang menjadi syarat kelengkapan pendaftaran Hak Tanggungan. Hal ini diatur dalam Permen ATR/BPN No.5 Tahun 2020. Namun, pertanggungjawaban PPAT dalam hal surat pernyataan kebenaran ini sebatas kebenaran formil saja, dan juga sebatas sesuai dengan tugas jabatan PPAT. Namun jika memang terjadi kesalahan atau kelalaian yang dilakukan oleh PPAT dan selama dapat dibuktikan, maka PPAT dapat bertanggungjawab secara administratif, perdata maupun pidana.
Imposing Corporate Death Penalty in Indonesia: A Discourse on Penalisation, Corporate Culture, and Deferred Prosecution Agreement Alfons Zakaria; Abdul Madjid; Bambang Sugiri; Sihabudin Sihabudin; Fareed Mohd Hassan
Udayana Journal of Law and Culture Vol 8 No 2 (2024)
Publisher : Faculty of law Udayana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/UJLC.2024.v08.i02.p04

Abstract

The Indonesian Penal Code 2023 regulates corporate criminal liability. It covers various issues, including the actions of a corporation that amount to corporate crimes, the conditions under which a corporation can be held criminally responsible, who can be held accountable, and the types of criminal sanctions imposed on corporations. The primary criminal sanction is the imposition of fines. However, several types of additional punishments may also be imposed, including dissolution of the corporation or, in other words, the “corporate death penalty”, which leads to a permanent termination of the corporation's operations, loss of jobs for employees, termination of production, and stoppage of tax payments to the government. Thus, if imposed without caution, corporate death penalty will negatively impact the state and society. This article analyses the effect of corporate death penalty on the society and highlights the need for judges to exercise caution before dissolving a corporation. The study applies normative legal research with the statutory and comparative approach. Primary and secondary legal materials were analysed. This article argues against the imposition of corporate death penalty in Indonesia for three reasons. First, Indonesia does not have sentencing guidelines for corporations. Second, Indonesia has not developed a Deferred Prosecution Agreement (DPA) mechanism yet, which is an obstacle to developing a better corporate culture. Third, corporate death penalty has harmful impacts on a country's economy and public welfare; among others, it increases the unemployment rate, which impacts social life.
RESOLVING CRIMINAL ACTS OF NARCOTICS THROUGH A RESTORATIVE JUSTICE APPROACH IN EAST JAVA Syarib Rama Indradi Mukti; Bambang Sugiri; Abdul Madjid
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 1 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i1.2384

Abstract

This study discussed the handling of narcotics abuse crimes through a restorative justice approach based on the Indonesian National Police Regulation Number 8 of 2021 regarding the Handling of Criminal Acts Based on Restorative Justice. According to this regulation, individuals involved in narcotics abuse could undergo a restorative justice approach, giving them the opportunity to undergo medical or social rehabilitation without having wait for a court decision. The aim of this study was to analyze the basic principles considered and the strategies used by the Police in handling narcotics abuse cases through the restorative justice approach. In determining these consederations, it was important to ensure that the steps taken were in accordance with applicable legal provisions, as well as addressing the challenges in implementing restorative justice, which required effective strategies, so that these considerations and strategies could result in legal benefit and justice. This study was an empirical research using a socio-legal or juridical-empirical method with a legal sociology approach. The study used primary data obtained through interviews with informants, and the secondary data in the form of bibliographical sources. The research data were analyzed using a qualitative descriptive method. The results of this study has ben showed that the investigators considerations in handling narcotics crimes through the restorative justice approach were based on the requirements and mechanisms for handling them in accordance with the Police Regulation. The investigators strategy was to enhance understanding of the concept of restorative justice in order to overcome the challenges such as the low submission of Integrated Assesments and the lack of understanding among offenders about the concepts of restorative justice.
THE APPLICATION OF THE LEX SPECIALIS SYSTEMATIS PRINCIPLE IN THE ENFORCEMENT OF SPECIAL CRIMINAL LAW Shilvi Grisminarti; Faizin Sulistio; Abdul Madjid
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 4 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i4.2615

Abstract

This paper discusses the application of the lex specialis systematis principle in special criminal law as a solution to address overlapping regulations in its enforcement. This issue arises when law enforcers must choose the applicable legal provision in cases where a single criminal act is prohibited by multiple special criminal laws. In cases of pornographic content dissemination, challenges emerge due to overlapping regulations, including the Pornography Law, the Electronic Information and Transactions (ITE) Law, and the Sexual Violence Crime Law (TPKS). Each of these laws prohibits the dissemination of pornographic content (revenge porn) but assigns different legal subjects for criminal liability. This paper examines how law enforcers apply the lex specialis systematis principle as a guideline to determine the most appropriate legal provision, while also considering its implications for justice and legal certainty. This study underscores the importance of lex specialis systematis in ensuring clarity and effectiveness in handling complex criminal cases, particularly in pornographic content dissemination. Using a normative juridical method, this research analyzes existing legal norms through literature studies. It establishes parameters for law enforcers on how to apply the lex specialis systematis principle when multiple laws of equal standing regulate the same offense.
IMPLEMENTATION OF THE CONSTITUTIONAL COURT DECISION NUMBER 65/PUU-VIII/2010 IN THE CRIMINAL JUSTICE SYSTEM Ummi Khasanah Sitorus Pane; Abdul Madjid; Prija Djatmika
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 3 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i3.2623

Abstract

The Constitutional Court Decision Number 65/PUU-VIII/2010 provides a new meaning regarding witnesses in the Criminal Procedure Code, by recognizing witnesses as testimonium de auditu. Since the decision was pronounced, the Constitutional Court's decision has come into force and is binding on everyone, especially for the process of investigation, prosecution and trial in court. However, in practice, the Constitutional Court's decision is not followed by judicial bodies under the Supreme Court, in the concrete case of the decision of the West Pasaman District Court No. 191/Pid.Sus/2019/PN Psb which does not consider and decide based on the decision of the Constitutional Court which has become part of the criminal procedural law. In fact, the Constitutional Court Decision Number 65/PUU-VIII/2010 should be legally binding on all.
REFORMULATION OF THE PENAL MEDIATION ARRANGEMENT IN TRAFFIC OFFENSES Yudhi Darmansyah; Faizin Sulistio; Abdul Madjid
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 1 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i1.2693

Abstract

The implementation of penal mediation within the Indonesian legal system presents a promising alternative to traditional criminal proceedings, especially in cases involving traffic accidents caused by negligence. Penal mediation offers a non-litigation mechanism that prioritizes rehabilitation, the restoration of relationships between victims and offenders, and the promotion of peace. While traffic accidents cause significant harm to victims, involving them in the mediation process helps clarify the offender's responsibilities and provides an opportunity for restorative justice. Moreover, penal mediation can help prevent the negative consequences of imprisonment, which not only affects the offender but also their family and society at large. However, the absence of specific legislation governing penal mediation within the Criminal Justice System poses challenges, making it difficult for law enforcement officials to provide legal certainty in cases involving traffic violations under the Traffic Law. Therefore, it is essential for future reforms to address these gaps, ensuring that penal mediation can be effectively implemented in traffic accident cases to achieve more humane and restorative outcomes.
SENTENCING OF CHILD OFFENDERS UNDER 14 YEARS OLD IN CASES OF SEXUAL VIOLENCE AGAINST CHILDREN BASED ON THE PRINCIPLE OF THE BEST INTERESTS OF THE VICTIM Geraldo Gracelo Mario Situmeang; Setiawan Noerdajasakti; Abdul Madjid
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 3 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i3.2823

Abstract

The imposition of sanctions on child offenders under 14 years old in cases of sexual violence against children presents a legal dilemma between protecting the child offender and upholding the rights of the victim. Law No. 11 of 2012 on the Juvenile Justice System (Law on Juvenile Justice System) stipulates that children under 14 years old may only be subjected to measures, while Law No. 12 of 2022 on Sexual Violence Crimes (Law on Sexual Violence Crimes) emphasizes victim protection and recovery. This article examines the imbalance between these two regulations and analyzes the most appropriate sanctions based on the principle of the best interests of the victim. Using a normative juridical approach and case studies, it is found that while the Law on Juvenile Justice System aims to protect child offenders from the adverse effects of criminal sanctions, in cases of sexual violence against children, this approach risks neglecting victims’ rights. Therefore, a more flexible legal interpretation is needed to ensure that sanctions not only focus on the offender but also consider justice for the victim.
REFORMULATING THE LEGAL STANDING OF INTERESTED THIRD PARTIES IN SUBMITTING PRETRIAL MOTIONS AGAINST THE TERMINATION OF INVESTIGATION OR PROSECUTION Enos Syahputra Sipahutar; Faizin Sulistio; Abdul Madjid
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 4 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i4.3142

Abstract

This article discusses the urgency and necessity of reformulating the scope of third parties with legal standing to file a pretrial motion against the termination of investigation or prosecution. The study is motivated by a pretrial case in which the petition was rejected on formal grounds regarding the petitioner's legal standing, despite substantive indications of injustice in the law enforcement process. This research adopts a normative juridical method using statutory, conceptual, and case study approaches. The findings indicate that the limited interpretation of “interested third parties” as provided by the Constitutional Court in Decision Number 98/PUU-X/2012 does not fully reflect the principle of justice. Therefore, a redefinition of the scope of third parties particularly including suspects/defendants/convicts in separate case files is necessary to ensure equal access to justice and prevent discrimination in legal proceedings.
"THE URGENCY OF HORIZONTAL SUPERVISION (JUDICIAL SCRUTINY) OF LEGAL AID IN PRE-TRIAL AS PART OF THE HUMAN RIGHTS OF SUSPECTS" Joshua Aditya Setyanugraha; Muktiono; Abdul Madjid
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 5 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i5.4173

Abstract

This study examines the urgency of horizontal supervision (judicial scrutiny) of legal aid in pre-trial. Legal aid is a principle contained in the due process of law. The research method used in this study is normative research with a conceptual approach and a case approach. Horizontal supervision in the current pre-trial concept does not include legal aid as an object of judge's authority so that for suspects who are not accompanied by legal counsel as required by Article 56 of the Criminal Procedure Code, the assessment must be submitted to the trial examination. Furthermore, how should horizontal supervision of legal aid provide human rights guarantees to suspects? Horizontal supervision carried out by pre-trial judges or in the future through the concept of Preliminary Examining Judges, it is appropriate to provide a balance between the great power of the apparatus administering the pre-trial function, with the human rights of suspects, including legal aid which is a universal right, so that due process of law can be achieved.
Co-Authors Ahmad Fauzi Ahmad Fauzi Alfons Zakaria Apripari, Apripari Arifatul Aininta Mardjoni Bambang Sugiri Bambang Sugiri Danang Yudanto Darwanto EMMILIA RUSDIANA Enos Syahputra Sipahutar Entang Nuryanto Faizin Sulistio Fareed Mohd Hassan Geraldo Gracelo Mario Situmeang I Nyoman Nurjaya Intan Khoirun Nisa' Joshua Aditya Setyanugraha Maria Christina Marina Rona Masruchin Ruba'i Megah Novita Endriyanti Milda Istiqomah Mohammad Fadli Muktiono Norentia Ekunming Sari Novi Enjelina Putri Nurini Aprilianda Prija Djatmika Prija Djatmika R. Imam Rahmat Sjafi’i Rachmad Safa’at Rian Sulistio Setiawan Noerdajasakti Shilvi Grisminarti Sihabudin Sihabudin Silvony Kakoe Sudarsono Suhariningsih Suhariningsih Sulvia Triana Hapsari Sulvia Triana Hapsari Suwitno Yutye Imran Syarib Rama Indradi Mukti Ummi Khasanah Sitorus Pane Yudhi Darmansyah