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All Journal Jurnal Sains Sosio Humaniora WAJAH HUKUM JURNAL YURIDIS UNAJA Ilmu Hukum Prima Legalitas: Jurnal Hukum JURNAL RECTUM: Tinjauan Yuridis Penanganan Tindak Pidana International Journal of Multidisciplinary: Applied Business and Education Research International Journal of Educational Research Excellence (IJERE) Limbago: Journal of Constitutional Law Jurnal Smart Hukum (JSH) SASI Journal of International Islamic Law, Human Right and Public Policy Greenation International Journal of Law and Social Sciences Marsiurupan: Journal of Community Development and Empowerment
Albi Ternando
Universitas Adiwangsa Jambi
Religion Arts Humanities Civil Engineering, Building, Construction & Architecture Computer Science & IT Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Medicine & Pharmacology Social Sciences Other

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Akibat Hukum Wanprestasi dalam Perjanjian Utang Piutang Menurut Hukum Perdata Rona Indara; Orid Tatiana; Albi Ternando; Mhd Fakhrurrahman Arif
Wajah Hukum Vol 10, No 2 (2026): Oktober
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v10i2.2228

Abstract

The relationship between a lender and a borrower is one of the most common forms of legal engagement in social interaction, requiring each party to exercise their rights and fulfill their obligations with honesty and full responsibility. Issues arise when a borrower fails to meet their obligations as originally agreed a situation constituting a breach of contract that harms the lender and necessitates clarity regarding the consequences to be borne by the defaulting party. This study examines the provisions governing debt-related obligations and the legal consequences that ensue when a borrower fails to honor their commitments. A normative legal research methodology is employed, utilizing a literature review of relevant legislation and legal sources, primarily the Indonesian Civil Code (Kitab Undang-Undang Hukum Perdata or KUHPerdata). The findings indicate that the Civil Code’s provisions on debt and lending encompass the requirements for the validity of an obligation, fundamental principles of contract law, the rights and responsibilities of each party, and specific regulations concerning loan transactions. Furthermore, a borrower’s breach of contract gives rise to several legal consequences, including the continued obligation to repay the debt, the liability to provide compensation for damages pursuant to Article 1243 of the Civil Code and the option for the lender to either demand the fulfillment of the obligation or seek the cancellation of the agreement as a means of protecting their rights.
Efektivitas Pemidanaan terhadap Pelaku Tindak Pidana Korupsi Ditinjau dari Perspektif Teori Pemidanaan Albi Ternando; Juang Juniato; Muhammad Ichsan; Fawwaz Farhan Oktariq; Agus Irawan
Wajah Hukum Vol 10, No 2 (2026): Oktober
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v10i2.2226

Abstract

Corruption, as a criminal offense, inflicts significant harm on state finances, the execution of governance, and national development, while also eroding public trust in the legal system. Consequently, the sentencing of individuals who commit corruption should not merely serve as a form of criminal accountability; it must also fulfill the objectives of prevention, deterrence, the protection of public interests, and the recovery of state losses. This research aims to analyze the application of penalties for corruption offenders in accordance with Indonesian criminal law, while evaluating their effectiveness through the lens of sentencing theory. The study employs a normative legal research methodology, utilizing both statutory and conceptual approaches, based on a literature review of primary, secondary and tertiary legal sources. The findings indicate that the sentencing of corruption offenders is governed by the Law on the Eradication of Corruption Crimes, which provides for imprisonment, fines, and additional penalties such as restitution (payment of compensation to the state) and asset forfeiture. The imposition of sentences must take into account the degree of culpability, the extent of state losses, the illicit gains acquired, and the broader impact of the offense. Viewed through the perspectives of absolute, relative, and hybrid (combined) sentencing theories, the effectiveness of a sentence is determined not only by the length of imprisonment but also by its capacity to deliver proportional retribution, create a deterrent effect, prevent future crimes, safeguard the public interest, and recover state losses. Thus, the effectiveness of sentencing requires a proportional and consistent application, supported by the optimization of additional penalties and the recovery of assets derived from corruption.
PROVING INTENT IN CRIMINAL LIABILITY FOR PARTICIPATION IN THEFT IN JAMBI CITY Albi Ternando
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 2 (2026): June
Publisher : PT. Radja Intercontinental Publishing

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Abstract

Proving intent in theft cases involving multiple participants requires a clear distinction between an individual’s contribution and the mental element necessary for criminal liability. This study examines the legal requirements for establishing intent, distinguishing joint perpetration from intentional assistance, and safeguarding individualized responsibility, with Jambi City as the contextual focus. The research adopts a normative legal design using statutory and conceptual approaches. Primary and secondary legal materials are examined through grammatical and systematic interpretation and qualitative legal argumentation. The analysis indicates that the occurrence of theft and an individual’s association with other accused persons do not independently establish intentional participation. The attribution of liability requires an explanation connecting each individual’s conduct, knowledge, and intention to the applicable form of participation. Communications, coordinated actions, practical assistance, and subsequent benefits may support an inference of intent, but their significance depends on context, timing, and consideration of plausible alternative explanations. The study develops an analytical framework linking the applicable law, the alleged role, the individual contribution, the required mental element, and the supporting evidence. It concludes that transparent and individualized reasoning is essential to distinguish joint perpetration from assistance while respecting the presumption of innocence. The findings remain doctrinal because no independently verified corpus of Jambi judgments was examined. Fu
AUTHENTICATING ELECTRONIC EVIDENCE IN CRIMINAL PROCEEDINGS AT THE JAMBI DISTRICT COURT Albi Ternando
Journal of International Islamic Law, Human Right and Public Policy Vol. 3 No. 2 (2025): June
Publisher : PT. Radja Intercontinental Publishing

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Abstract

Electronic evidence can establish communications, transactions, and events that conventional testimony cannot fully reconstruct. Its usefulness nevertheless depends on an adequate foundation connecting the material presented in court with its claimed source and history. This article examines the authentication of electronic evidence in criminal proceedings at the Jambi District Court under the legal framework applicable through 2025. It employs normative legal research using statutory and conceptual approaches, supported by constitutional jurisprudence, forensic guidance, and relevant scholarship. The analysis distinguishes lawful acquisition, authenticity, integrity, attribution, relevance, and evidentiary weight. It argues that neither a matching hash nor possession of a device independently establishes authorship or the truth of its contents. Equally, the absence of a forensic laboratory report does not automatically establish inadmissibility in every case. Authentication should address the actual dispute through a documented and proportionate evidentiary foundation. The article proposes an assessment framework linking acquisition records, preservation, examination, courtroom presentation, and judicial reasoning. Its contribution is a locally directed normative framework rather than an empirical assessment of court performance. Reliable adjudication requires transparent handling records, opportunities for challenge, and explicit findings concerning the limits of each digital item.
ENSURING LEGAL AID RIGHTS FOR INDIGENT SUSPECTS DURING INVESTIGATIONS AT JAMBI CITY POLICE Albi Ternando
Journal of International Islamic Law, Human Right and Public Policy Vol. 3 No. 3 (2025): September
Publisher : PT. Radja Intercontinental Publishing

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Abstract

Access to legal aid is essential to ensuring that financial disadvantage does not prevent suspects from exercising their defence rights during criminal investigations. This study examines the legal framework governing assistance for indigent suspects and develops criteria for assessing its fulfilment at Jambi City Police. The research adopts a normative legal design using statutory and conceptual approaches. Primary and secondary legal materials are examined through grammatical and systematic interpretation and qualitative legal argumentation. The analysis identifies five interconnected dimensions of rights fulfilment: understandable notification of rights, identification of financial eligibility and legal needs, timely referral and access, independent and meaningful representation, and continuity supported by documentation and complaints mechanisms. The findings indicate that notification and appointment alone do not demonstrate effective assistance. Assessment must establish whether suspects can obtain advice, communicate confidentially with counsel, and receive continuing support during relevant investigative procedures. The study concludes that legal aid delivery requires coordinated institutional responsibilities connecting statutory guarantees with accessible services. It recommends clear referral procedures, understandable information, reliable provider contact arrangements, and accountable follow-up when assistance is interrupted. The findings remain doctrinal because no verified investigation records, interviews, or observations from Jambi City Police were examined. Future empirical research should apply the framework to documented cases within a defined period to evaluate actual implementation.
INVESTIGATOR AND PROSECUTOR COORDINATION IN COMPLETING CRIMINAL CASE FILES AT THE PRE-PROSECUTION STAGE IN JAMBI CITY Albi Ternando
Journal of International Islamic Law, Human Right and Public Policy Vol. 1 No. 3 (2023): September
Publisher : PT. Radja Intercontinental Publishing

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Abstract

Coordination between investigators and public prosecutors determines whether criminal case files provide an adequate legal and evidentiary foundation for further proceedings. Difficulties arise when deficiencies are communicated imprecisely, procedural deadlines are misunderstood, or files circulate repeatedly without resolving substantive issues. This article examines the legal framework governing coordination during pre-prosecution in Jambi City through 2023. It employs normative legal research using statutory and conceptual approaches, supported by constitutional jurisprudence, academic literature, and a contemporaneous publication from the Jambi District Prosecutor’s Office. The analysis distinguishes investigation notification, submission of investigation results, prosecutorial review, supplementary investigation, and transfer of responsibility for suspects and evidence. It argues that effective coordination requires specific instructions connecting identified deficiencies with the elements of the alleged offence and the procedural safeguards concerned. Statutory deadlines must be recorded separately because different obligations have different triggering events. A local training publication illustrates institutional attention to file preparation without establishing measured improvements in case processing. The article proposes a framework for recording deficiencies, responses, deadlines, and unresolved disagreements. Its contribution is a normative model for timely and accountable coordination that preserves institutional responsibilities and the rights of persons affected by criminal proceedings.
Co-Authors -, Rahman Adithiya Diar Aep Saefullah Agus Irawan Agus Irawan Agus Irawan Alendra Alfarisi, M.S Alfarisi, MS Deddy Haryadi Derry Anandia Dodi Satriyo Dwianggara, Dany Emir Adzan Syazali Fawwaz Farhan Oktariq Jornie Lumintao Juang Juniato Khairul Anwar M. Arya Putra Pangestu M. Muslim M. Rezky Paturahmat M.Havidz Aima M.S. Alfarisi M.S.Al-Farizi Mhd Fakhrurrahman Arif MS. Alfarisi Muhammad Ichsan Mulono Apriyanto Nada Ratković Naning Ridia Nella Octaviany Siregar Nurdin Salomo Pasaribu Orid Tatiana orid tatiana Rahman Rahman Rahman Rahman Rahman Ratno Timur Reanto Agam Rustandi Ridha Kurniawan Riko Prasetyo Rona Indara Senta Fito Pratama Senta Jaya Sembiring Sindi Feroliza Siswahyudianto Surya Pranata Tambunan Tantan Rustandi Wawan Putra Hs Wildan F Mubarock