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All Journal Jurnal Dinamika Hukum Jurnal Ius Constituendum YURISDIKSI : Jurnal Wacana Hukum dan Sains Jurnal Ilmu Kenotariatan
Abdul Madjid
Brawijaya University
Humanities Health Professions Law, Crime, Criminology & Criminal Justice Social Sciences

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The Confiscation of Assets in the Corruption Crime Sulvia Triana Hapsari; Abdul Madjid; Nurini Aprilianda
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 18 No. 2 (2022): 30 September 2022
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v18i2.147

Abstract

Corruption as an extraordinary crime so that the punishment is the Primum Remedium. Economic Analysis of Law can be used to increase the efficiency of handling corruption crimes (TPK) to provide a level of efficiency and a deterrent effect. The formulation of the problem in this research is how is the economic analysis of law in maximizing the looted assets from the crime of corruption? This research is based on judicial normative. The data were collected using the search method and literature review. Conclusion Based on the economic analysis of law, the shift in the orientation of punishment in criminal acts of corruption from corporal punishment to a combination of corporal punishment, large fines, confiscation of assets and impoverishment of perpetrators of criminal acts of corruption without diminishing the meaning of corporal punishment shows effectiveness and efficiency and will increase the deterrent effect for perpetrator.
Quadruple in Development Sharia Economics in Indonesia Sulvia Triana Hapsari; Abdul Madjid; Nurini Aprilianda
Jurnal Dinamika Hukum Vol 22, No 2 (2022)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2022.22.2.3257

Abstract

Quadruple helix is a quality of legal audit system in various aspects that provides effectiveness and efficiency in the application of law in society. Business (tijarah) is one of the main components in the Islamic economics. Therefore, Islam recommends its adherents to engage in this field professionally (itqan), so that they can benefit themselves, their families and Muslims in general. The formulation of the problem is what is the role of the quadruple helix in Islamic economics in Indonesia? The research method used is normative juridical. This type of legal research is carried out by examining secondary data in the field of law as library data using deductive thinking methods.   The approach used in addressing the problem is to use the statutory approach (statue approach). The conclusion is that with the quadruple helix the application of regulations related to Islamic economics can achieve legal goals in Indonesia.Keywords: sharia economics; quality of legal audit; effectiveness and efficiency.
Legal Implications of the Transfer of a Testamentary Grant's Object to Another Person by the Testator Putri Thania Dewinta; Abdul Madjid; Dyah Widhiawati
Jurnal Ilmu Kenotariatan Vol. 6 No. 1: May 2025
Publisher : Faculty of Law, University of Jember, Indonesia

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Abstract

This research is motivated by a lawsuit filed by Imelda Sanny Chandra (Plaintiff) against her grandmother, Mrs. Tinningrum Tjandra (Defendant I), regarding the transfer of a testamentary grant object—a plot of land and a building in Surabaya—to Mrs. Koesoemo Dewi Raharjo (Defendant II) through a sale and purchase agreement. The Plaintiff argues that the object rightfully belongs to her based on Testamentary Grant Deed Number 119, which was executed by Defendant I before a Notary in Jakarta. One of the clauses in the deed states that the object would be transferred to the Plaintiff upon reaching the age of 30. Currently, the Plaintiff is 32 years old and intends to reclaim the testamentary grant object. Ruling Number 3258 K/Pdt/2023 in conjunction with Ruling Number 1270/Pdt.G/2021/PN.Sby declared the Testamentary Grant Deed valid and annulled the agreement between Defendant I and Defendant II. However, in the context of Article 958 of the Indonesian Civil Code  concerning the execution of testamentary grants and Article 996 of the Civil Code regarding the revocation of testamentary grants, this study aims to analyze the legal nature of testamentary grants and the juridical implications of the grantor transferring the object to another party. The goal is to provide legal certainty regarding the testamentary grant deed, the sale and purchase binding deed, the power of attorney to sell, and the sale and purchase deed issued in connection with this ruling. This research employs a normative juridical method with a legislative approach, a teleological approach, and a case approach. The data sources include primary, secondary, and tertiary legal materials. The analysis is conducted through grammatical and systematic interpretation.
Reconstructing Legal Frameworks for Post-Mining Reclamation Guarantees and Ecological Justice Angga Kurniawan; Abdul Madjid; Istislam Istislam
Jurnal Ius Constituendum Vol. 10 No. 3 (2025): OCTOBER
Publisher : Magister Hukum Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/jic.v10i3.12779

Abstract

This study analyzes the effectiveness of post-mining reclamation guarantee fund regulations in achieving environmental restoration and reconstructs a normative framework oriented toward ecological justice. The current reduction of reclamation guarantees to mere administrative requirements demonstrates the failure of the law to provide substantive protection for citizens’ constitutional rights to a healthy environment. Using normative juridical research with legislative, conceptual, and historical approaches, this study employs prescriptive–analytical methods to evaluate the gap between legal norms and practice and to formulate a responsive legal model. The findings reveal that reclamation guarantee funds have not effectively functioned as substantive legal instruments due to regulatory disharmony between the Minerba Law and the Environmental Protection and Management Law (UUPPLH), weak supervision, and the absence of strict sanctions. The study proposes a reconstruction of the legal framework through harmonization of environmental and mining regulations, adoption of the polluter pays and strict liability principles, and strengthening of interagency coordination. In addition, the establishment of a transparent and participatory Multi-Stakeholder Monitoring Board and a public e-monitoring system is recommended to ensure accountability and ecological restoration. The novelty of this research lies in integrating constitutional and environmental justice perspectives into a double-track sanction system that combines preventive and repressive functions of reclamation guarantees. This approach advances the eco-constitutional paradigm by linking legal certainty, environmental accountability, and participatory governance in post-mining management.
Co-Authors Angga Kurniawan Dyah Widhiawati Istislam Istislam Nurini Aprilianda Putri Thania Dewinta Sulvia Triana Hapsari