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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
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 Analysis of Justice-Based Criminalization of Perpetrators of Domestic Violence (Case Study Number 1/Pid.Sus/2025/Pn Tjt) Fajar, Sefriana; Arpangi, Arpangi
Jurnal Hukum Khaira Ummah Vol 20, No 4 (2025): December 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i4.51071

Abstract

Abstract. Harmony and integrity within a household can be disrupted if self-quality and self-control are not maintained. This condition has the potential to give rise to domestic violence which results in feelings of insecurity and injustice for family members. Therefore, the state and society have an obligation to undertake preventive measures, provide protection to victims, and prosecute perpetrators in accordance with the values of Pancasila and the mandate of the 1945 Constitution of the Republic of Indonesia. Legal development is not only limited to formulating rules, norms, or principles, but must be carried out systematically and comprehensively. This includes thorough legal planning, the formation of new regulations based on Pancasila and the 1945 Constitution of the Republic of Indonesia, the implementation and provision of quality legal services, and effective and efficient law enforcement, while still upholding humanitarian values. Essentially, criminal law reform is a concrete manifestation of changes and improvements to various aspects and policies that form its background. Therefore, a planned and systematic legal development is needed to accelerate the renewal and formation of the existing legal system in Indonesia. Law Number 23 of 2004 concerning the Elimination of Domestic Violence was ratified in Jakarta on September 22, 2004 and signed by Megawati Soekarnoputri as the President of the Republic of Indonesia at that time. Law Number 23 of 2004, which is often referred to as the PKDRT Law, firmly states that every citizen has the right to live safely and free from all forms of violence, based on the values of Pancasila and the 1945 Constitution. The main objective of this regulation is to eliminate the practice of domestic violence while creating a balance of position between husband and wife, children and parents, as well as between the nuclear family and parties involved in household life, which is an important factor in preventing domestic violence.
Law Enforcement Against Vehicle Theft Perpetrators Using the Modus of Destruction and Selling Evidence Syailendra, Zidan Naufal; Arpangi, Arpangi
Jurnal Hukum Khaira Ummah Vol 20, No 4 (2025): December 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i4.51132

Abstract

Abstract. This study aims to analyze the implementation of law enforcement against perpetrators of motor vehicle theft using the modus operandi of damaging and selling evidence, identify the obstacles faced by law enforcement officers in the process of proof and prosecution, and formulate optimal strategies based on the integration of substantive law analysis, procedural law analysis, and the Islamic legal perspective. The case of District Court Decision No. 44/Pid.B/2025/PN Bgr serves as the primary case study to examine the application of Article 363 paragraph (1) points 4 and 5 of the Indonesian Criminal Code (KUHP) in judicial practice and its implications for the effectiveness of law enforcement. This research employs a normative juridical approach combined with a case approach and a statutory approach. Data were obtained from court decisions, relevant legislation, academic literature, and previous related research. The analysis was conducted qualitatively by synthesizing normative and empirical findings to assess the consistency of legal norm implementation as well as technical-forensic and institutional barriers in handling such cases. The findings indicate that the elements of Article 363 paragraph (1) points 4 and 5 of the Criminal Code are fulfilled when the act is committed jointly and by means of damage, as reflected in the Bogor District Court’s decision, which imposed imprisonment and ordered the return of evidence. However, the effectiveness of law enforcement remains hindered by several factors, including the alteration of evidence (commercialization of spare parts), weak supervision of second-hand markets, limited forensic capacity, and a lack of inter-agency data integration. To overcome these obstacles, it is necessary to strengthen forensic capacity, develop an integrated national database of vehicles and spare parts, regulate second-hand markets and prosecute receivers of stolen goods, and integrate Islamic legal values into penal policy emphasizing rehabilitation and prevention.
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

Show Abstract | Download Original | Original Source | Check in Google Scholar

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.
Co-Authors Agus Widodo Ajie, Okky Prastyo Amin Purnawan Amin Wastoni 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 Fajar, Sefriana Feri Satria Wicaksana Effendy Firmansyah, Moh Fajri Galuh Sekar Widjayanti Gunarto Gunarto Gunarto Gunarto Haji Mohiddin, Mas Nooraini binti Henry Elenmoris Tewernussa Hetharie, Mesakh Yohanes Hutagalung, Pahala Holmes I Putu Angga Feriyana Ira Alia Maerani Irawan, Ridho Hendry Jamaludin Al Ashari Khoirunnisa, Nurizka Tiffany Lesmana, Rico Metry Widya Pangestika Mukhtasor Mukhtasor 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 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 Suhendri Suhendri Sukardi Sukardi Sukarmi Sukarmi Sukirno Sukirno Suwondo, Denny Syailendra, Zidan Naufal Tara Jasmine Widayati Widayati Widayati Widayati Winanto Winanto winanto, winanto Wismo Malaicanto, Totok Catur Yeriza Adhytia