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All Journal JURNAL HUKUM Jurnal Hukum Khaira Ummah Jurnal Daulat Hukum Pembaharuan Hukum Jurnal Akta International Journal of Law Reconstruction JHCLS Law Development Journal Sultan Agung Notary Law Review International Journal of Law Society Services Journal of Sustainable Development and Regulatory Issues Justice Dialectical Jurnal Konstatering TABELLIUS Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan
Arpangi Arpangi, Arpangi
Faculty Of Law UNISSULA
Religion Humanities Environmental Science Health Professions Law, Crime, Criminology & Criminal Justice Public Health Social Sciences Other

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Legal Review of Traffic Accidents Resulting in Death Sari, Panji Prasetyo; Arpangi, Arpangi
Jurnal Hukum Khaira Ummah Vol 20, No 2 (2025): June 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i2.46177

Abstract

Traffic accidents often occur in various places throughout Indonesia. Traffic accident victims are of several groups, whether minor, severe, or death. In this study, the author would like to describe the legal review of traffic accidents that result in fatalities. In this study, the approach method used is: sociological legal approach or approach by direct review in the field. The research specification used is Analytical Descriptive, which is an effort to analyze and explain legal problems related to objects with a comprehensive and systematic description of all matters related to the legal review of traffic accidents resulting in fatalities. The author believes that it is important to enforce and protect the law against victims and perpetrators who experience traffic accidents. This aims to ensure that victims and perpetrators are processed in accordance with applicable laws and receive their rights accordingly.
The Effectiveness of Restorative Justice in Overcoming Overcrowding in Correctional Institutions According to Law Number 22 of 2022 Concerning Corrections Anwar, Rosyian; Arpangi, Arpangi
Jurnal Hukum Khaira Ummah Vol 20, No 2 (2025): June 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i2.46211

Abstract

Abstract. This study aims to determine and analyze the situation, causes and impacts of overcrowding that occurs in prisons/detention centers in Indonesia, to determine and analyze the effectiveness of the implementation of restorative justice in overcoming overcrowding in prisons/detention centers in Indonesia according to Law Number 22 of 2022 concerning Corrections. To determine and analyze alternative solutions and strategies for implementing restorative justice in overcoming overcrowding in prisons/detention centers in Indonesia in the future. The resolution of violations of the law through the criminal justice system tends to be very prison-oriented. Every criminal violation always ends in imprisonment. The concept of prison as ultimum remedium (last resort) shifts to premium remedium (main resort) and of course the final result is that prisons face a latent problem called overcrowded or overcapacity. The specifications of this study are included in the analytical descriptive research environment, with a normative approach method, with the type and source of primary data from interviews with informants and secondary data covering various kinds of literature and laws and regulations in Indonesia. The results of the study show that the overcrowded situation has placed Indonesia at an extreme point with an excess of 188%. The overcrowded situation has an impact on the emergence of human rights, security and health problems for its residents. In addition, the overcrowded situation also has an impact on the families of suspects/convicts, society and the State. The effectiveness of the implementation of restorative justice in overcoming overcrowding in prisons/prisons in Indonesia according to Law Number 22 of 2022 concerning Corrections has not shown a significant impact. alternative solutions and future strategies, namely reorientation of criminal punishment, making non-prison criminal policies more effective, revising regulations that hinder outflows.
Optimizing Penal Mediation through Restorative Justice: A Progressive Solution in Criminal Law Reform Arpangi, Arpangi; Ramadani , Maydika; Cindy Yosiana
Jurnal Justice Dialectical Vol 2 No 2 (2024): Jurnal Justice Dialectical
Publisher : Sekolah Tinggi Ilmu Hukum Adhyaksa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70720/jjd.v2i2.51

Abstract

In Indonesia, prison mediation by restorative justice has evolved as a progressive approach to criminal justice reform to create a more compassionate, efficient, and rehabilitative justice system. Despite its promise, its implementation confronts problems such as a lack of knowledge among law enforcement personnel and the general public and regulatory inadequacies. This paper intends to evaluate the application of penal mediation as an alternative to conventional criminal justice processes, analyzing its role in attaining restorative justice and its efficacy in resolving minor offenses and child-related issues. This study examines prison mediation through restorative justice in the Indonesian criminal law system using a normative juridical technique combined with a qualitative descriptive-analytical methodology. Data were gathered from literature reviews and associated legal documents, and the analysis was done utilizing a deductive-inductive technique to combine theory and practice in criminal law reform. According to the findings, introducing prison mediation via restorative justice can substantially contribute to revamping Indonesia's criminal justice system, notably by decreasing the load on courts and offering a more rehabilitative approach for offenders. The study emphasizes the significance of matching legislative frameworks, such as the Penal and Draft Criminal Procedure Code, with restorative justice ideas for easier integration. Furthermore, research demonstrates that the practical application of restorative justice has ongoing hurdles, notably in terms of legal understanding and institutional preparation. The report proposes enhancing training for legal practitioners and extending public awareness campaigns to increase the efficacy of restorative justice in Indonesia.
Compensation For Land Procurement For Klonengan Fly Over (FO) Development Project Khoirunnisa, Nurizka Tiffany; Arpangi, Arpangi; Widayati, Widayati
Jurnal Konstatering Vol 1, No 2 (2022): April 2022
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

Compensation for land acquisition has often been found in various areas where land has been affected by development projects for the public interest. One of the cases that occurred was in the Margasari area, Tegal Regency. The construction of the Fly Over project with Decision Number 05/Pdt.G/2017/PN.SLW which occurred on the Tegal-Pemalang-Pekalongan road section caused several problems, one of which was where the profit compensation was deemed unfair, so a lawsuit was filed in court. This study used a Juridical Empirical approach, by comparing the laws and regulations relating to disputes related to land acquisition for the public interest with practices that occur in the field through Decision Number 05/Pdt.G/2017/PN.SLW. Based on the results of research and discussion: 1) The land acquisition process carried out by the land acquisition committee in resolving disputes; 2) Achievement of the value of justice for communities affected by the Fly Over development project by comparing it with existing theories; 3) Implementation of compensation for land acquisition in accordance with the value of justice by comparing it with the principles contained in Act No. 2 of 2012. The conclusion from the writing of this law is that the compensation provided by the Government is fair and in accordance with existing and applicable regulations.
Policy on Providing Compensation for Fixed-Term Work Agreements (Pkwt) Based on the Job Creation Law Novyaningsih, Eka Suprihatin Ernie; Arpangi, Arpangi
Jurnal Konstatering Vol 4, No 1 (2025): January 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

The purpose of this study is to determine and analyze the compensation policy for Fixed-Term Employment Agreements (PKWT) based on the Job Creation Law. To determine and analyze the implementation of Fixed-Term Employment Agreements (PKWT) after the Job Creation Law came into effect. The approach method used by the researcher is the case approach and the statutory regulatory approach. The type of research used is normative juridical. The data sources in this study are secondary data obtained from literature studies related to the theory of legal protection and the theory of legal certainty. Based on the results of the study, the Compensation Policy for Fixed-Term Employment Agreements (PKWT) based on the Job Creation Law states that in providing compensation money, employers are required to provide compensation money to PKWT workers who have a work period of at least 1 (one) month continuously. Workers/laborers should have the same right to compensation money without discrimination. The calculation of the amount and amount of compensation funds that can be provided has been regulated in Government Regulation Number 35 of 2021 Fixed-Term Employment Agreements, Outsourcing, Working Hours and Rest Time, and Termination of Employment. The implementation of Fixed Term Employment Agreements (PKWT) after the Job Creation Law came into effect still faces several challenges, such as: unclear regulations, rushed implementation, freedom to determine the term of the employment agreement, compensation regulations that do not fully provide benefits to workers.
Legal Protection for Creditors Due to Cancellation of Deed of Granting Mortgage Rights (Apht) and Power of Attorney to Charge Mortgage Rights (Skmht) Selinda, Risma; Arpangi, Arpangi
Jurnal Konstatering Vol 4, No 1 (2025): January 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

Abstract. The agreement between the bank and the customer will create a relationship involving debts. In banking practice, the bank must ensure that the funds lent protected by legal collateral. Therefore, the role of the Land Deed Official (PPAT) is important to ensure that the mortgage binding process. This is an effort to provide legal protection for creditors. The purpose of this study is to analyze: 1) Legal protection for creditors due to the cancellation of APHT and SKMHT at PT BPR BKK Purwodadi (Perseroda). 2) Judge's considerations in the decision on the lawsuit for the cancellation of APHT and SKMHT at PT BPR BKK Purwodadi (Perseroda) with case number 41/Pdt.G/2023/PN Pwd. This type of research is sociological juridical research. The approach method in this research is a Qualitative approach. The types and sources of data in this research are primary data and secondary data obtained through interviews and library studies. The analysis in this research is descriptive analysis. The results of this study are that legal protection for creditors is realized by ensuring that the credit granting process runs according to applicable provisions, through the creation of a credit agreement in the form of a notarial deed. The legal relationship with Case Number 41/Pdt.G/2023/PN Pwd is a debt-receivable relationship.Keywords: Creditors; Legal; Officers; Protection.
Juridical Implications Due to Default by the Debtor on a Car Loan Agreement with Fiduciary Guarantee at Bank Central Asia Putri, Rikhi Mahardhika; Arpangi, Arpangi
Jurnal Konstatering Vol 1, No 1 (2022): January 2022
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

The purpose of this study is to determine and analyze: 1) The legal position of the strength of a car loan agreement with a fiduciary guarantee for creditors and debtors at Bank Central Asia Semarang City 2) The juridical implications of default by the debtor on a car loan agreement with a fiduciary guarantee at Bank Central Asia Semarang city. The approach method used in discussing this research problem is a sociological juridical approach. The research specification used is descriptive analytical research. This type of data uses primary and secondary data. The data analysis method used in this research is qualitative data analysis. The results of the study concluded: 1) The legal position of the strength of the car loan agreement with fiduciary guarantees for creditors and debtors at Bank Central Asia Semarang City is included in the construction of an anonymous agreement (Innominaat), as far as the contents of the agreement have met the legal requirements of the agreement as stipulated in 1320 the Civil Code, the agreement has full binding power. This is based on the provisions in Article 1338 paragraph (1) of the Civil Code which states that an agreement made legally applies as the law that made it, the BCA Finance consumer financing agreement is in accordance with Presidential Regulation no. 9 of 2009 concerning Financing Institutions. The imposition of collateral in the car purchase agreement at BCA Finance uses a fiduciary guarantee as regulated in Act No. 42 of 1999 concerning Fiduciary Guarantees, namely in the form of transferring the ownership rights to the car or the Motor Vehicle Ownership Book (BPKB) from the debtor to a consumer finance company. 2) The juridical implication due to default by the debtor on a car loan agreement with a fiduciary guarantee at Bank Central Asia Semarang City is that the creditor does not get the fulfillment of his rights that should be obtained by the existence of the agreement. When the debtor defaults, the thing that will be done by the creditor to get the debt repaid is to sell the object that is guaranteed by the debtor. Another legal consequence of this default is that the Customer may be subject to Article 372 of the Criminal Code regarding embezzlement with a criminal offense imprisonment for a maximum of four years, then Article 36 of Act No. 42 of 1999 concerning Fiduciary Guarantees carries a maximum penalty of 2 years.
The Legal Certainty of Notary Deeds in Indonesia Used in Countries Not Joining the Apostille Convention Rizkawati, Ninda; Arpangi, Arpangi
TABELLIUS: Journal of Law Vol 1, No 2 (2023): June 2023
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

This study aims to find out and analyze legal certainty over the legal status of authentic deeds of Indonesian notaries that are used outside the territory of Indonesia and to find out and analyze the steps that must be taken by notaries so that authentic deeds of notaries in Indonesia can be used outside the territory of Indonesia which not yet a member of the Apostille convention. This research uses Normative Research Methods, with a Conceptual approach and Legislation. The data source used is secondary data in the form of primary, secondary and tertiary legal materials. Data collection techniques using the Library Studies method. With the method of data analysis using Perspective analysis. The results of the study show that: First, the legal status of the Authentic Deeds of Notaries in Indonesia that are applied for through the Legalization process through Diplomatic or Consular channels and the Legalization of Apostille are equally valid. outside the territory of Indonesia that have not joined the Apostille Convention by fulfilling the elements of the validity of an Authentic Deed based on statutory regulations, taking into account the general principles and principles of National Civil Law, National Civil Law of Destination Countries, and International Law. The register Notary specimens at the Directorate General of General Legal Administration, as well as carry out the document legalization process.
Legal Certainty Regarding Covernotes Issued by Notaries as Temporary Guarantees for Creditors in Banking Practices Dwi Arepa, Nola; Shallman, Shallman; Arpangi, Arpangi
TABELLIUS: Journal of Law Vol 4, No 1 (2026): March 2026
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

This study aims to comprehensively analyze the legal status of covernotes issued by Notaries in banking practices and the forms of legal liability in the event of negligence that results in losses for creditors. This issue is relevant because in the practice of credit disbursement, especially loans secured by mortgage rights, covernotes are often used as administrative basis before the binding and registration process of the collateral is fully completed. However, normatively, there are no explicit regulations regarding covernotes in the provisions of Law Number 2 of 2014 concerning the Position of Notaries or in the legal regime of material collateral. This research uses a normative juridical method with a statutory and conceptual approach, analyzed qualitatively through a literature review of primary, secondary, and tertiary legal materials. The analysis was conducted by examining the principle of legal certainty, the principle of prudence in banking, and the theory of legal responsibility. The research results show that the covernote is not an authentic deed as defined in the Notary Law, because it does not fulfill the formal requirements as a deed made by or before a public official in a form prescribed by law. The covernote is also not an agreement that creates a new legal relationship, but rather an administrative statement that essentially only contains information regarding an ongoing process. Therefore, the covernote does not have perfect evidentiary power or executorial power like a mortgage certificate. However, in banking practice, covernotes are often used as the basis for credit disbursement due to efficiency and business needs. This situation has the potential to create legal uncertainty if there is a failure to complete the binding or registration of collateral. In the event of losses due to a notary's negligence, legal liability can be sought in the form of civil liability based on breach of contract or unlawful acts, administrative liability through the notary's job oversight mechanism, and ethical liability in accordance with the professional code of ethics. Therefore, it is necessary to clarify the limitations of the function and position of covernotes to ensure legal certainty and balanced protection for all parties in banking practice.
Fairness in Contract Extension for Fixed-Term Employment: A Maqashid Syariah Perspective within Indonesia's Labor Law Framework Arpangi Arpangi; Andhika Yuli Rimbawan; Ratih Mega Puspa Sari; Sivani Ardi Apritania; Heri Oktavianto
Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan Vol 12, No 1 (2025): April
Publisher : Faculty of Sharia (Islamic Law) at Fatmawati Sukarno State Islamic University Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29300/mzn.v12i1.7159

Abstract

Indonesia's Employment Law has often been viewed as a legal product that leans toward a capitalist framework, and thus is seen as failing to provide adequate protection for workers under fixed-term employment agreements (PKWT). From an Islamic perspective, Maqashid  Shariah offers an alternative approach emphasising justice, welfare, and the safety of fundamental human rights in labour relations. These values stand in contrast to the capitalist system, which tends to prioritise efficiency and economic gain. This study aims to analyse the injustices present in the practice of contract extensions for fixed-term workers under Indonesian labour law, and to explore the relevance of Maqashid  Shariah principles as a normative foundation for more just and sustainable labour policies. Employing a normative legal research method, this study examines statutory regulations, legal doctrines, and Islamic legal values. The findings reveal that the absence of a maximum limit on contract extensions under the current labour law creates opportunities to exploit contract workers. These workers may be subjected to repeated contract renewals without being granted permanent status or access to social security benefits. Such uncertainty directly affects family economic stability, and in extreme cases, may drive individuals to seek income through non-halal means. The concept of Maqashid  Shariah stresses that economic sustainability, human dignity, and social justice are core objectives of Islamic Law. The academic contribution of this research lies in its proposal of an ethical-normative framework based on Maqashid  Shariah to critically assess and reform national labour policies, particularly in enhancing the legal protection of contract workers within a more equitable and welfare-oriented legal system
Co-Authors Agus Widodo Ajie, Okky Prastyo Amin Purnawan Amin Wastoni Andhika Yuli Rimbawan Andri Winjaya Laksana Andri Winjaya Laksana Anis Mashdurohatun Anwar, Rosyian Apitta Fitria Rahmawati Ardinal, Kevin Aryani Witasari Cahaya Mutiara Mardiana Putri Cindy Yosiana Denny Suwondo Denny Suwondo Dianti, Marizka Putri Dodiawan S Dodiawan S Dwi Arepa, Nola Dwitama, Muhammad Yoga Edi Suarto Edward Cevy Listiyanto Feri Satria Wicaksana Effendy Firmansyah, Moh Fajri Galuh Sekar Widjayanti Gunarto Gunarto Gunarto Gunarto Haji Mohiddin, Mas Nooraini binti Henry Elenmoris Tewernussa Heri Oktavianto Hetharie, Mesakh Yohanes I Putu Angga Feriyana Ira Alia Maerani Irawan, Ridho Hendry Jamaludin Al Ashari Khoirunnisa, Nurizka Tiffany Lesmana, Rico Metry Widya Pangestika Ningsih, Sri Eva Noviana, Ninik Novita Ilmaris Novyaningsih, Eka Suprihatin Ernie Nur Hidayat, Yudhi Taufiq Nurfita Anggraini Tohari Pardi Pardi Peni Rinda Listyawati Peni Rinda Listyawati Pornomo, Wahyu Adi Pudjiyanto Pudjiyanto Putri Qoriyati Aeny Putri, Rikhi Mahardhika Raden Yonanta Edy Pranawa Ragil Ridho Dewanto Rahmad Rahmad Rakhmat Bowo Suharto Ramadani , Maydika Ratih Mega Puspa Sari Revi, Rendi Ariza Ridho, Rahmad Riska Fitriani Rizal, Syaifur Rizkawati, Ninda Sandika Dwi Nugroho Sanni , Tajudeen Sanni, Tajudeen  Saputro, Noor Wachied Eko Sari, Panji Prasetyo Sasongko, Unggul Agus Satria Ardi Yana Satria Yuniar Santoso, Stefanus Sekar Tresna Raras Tywi Selinda, Risma Setyawati Setyawati Shallman, Shallman Siti Rodhiyah Dwi Istinah Sivani Ardi Apritania Suhendri Suhendri Sukardi Sukardi Sukarmi Sukarmi Sukirno Sukirno Suwondo, Denny Tara Jasmine Widayati Widayati Widayati Widayati Winanto Winanto winanto, winanto Wismo Malaicanto, Totok Catur Yeriza Adhytia