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All Journal International Journal of Law Reconstruction Pena Justisia: Media Komunikasi dan Kajian Hukum Jurnal Konstatering TABELLIUS
Achmad Arifulloh, Achmad
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Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Effectiveness of Protection and Recovery Implementation for Child Victims of Sexual Violence Arifulloh, Achmad
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 20 No. 1 (2021): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v20i1.3523

Abstract

In its development, the criminal justice system in Indonesia only positions child victims of sexual violence as reporters and witnesses. This is clearly unfair to victims who suffer material and non-material losses. The urgency of this research is that the regulation of restitution for child victims of sexual violence has resulted in the violation of rights and justice for children victims of sexual violence. This article aims to determine and analyze the effectiveness of implementing restitution for child victims of sexual violence. The type of approach used is the normative juridical method. The results of the research show that the effectiveness of implementing the protection and recovery of child victims of sexual violence has not been effective, This is due to the lack of implementation of restitution for child victims of sexual violence which ultimately also hinders the implementation of rehabilitation for child victims of sexual violence. The obstacles that influence this are legal regulations which still do not explicitly and clearly contain the implementation of restitution. This culturally also hinders the system of implementing restitution for child victims of sexual violence. Solutions that can be implemented are efforts to provide counseling, improve facilities and infrastructure in efforts to prevent and eradicate sexual abuse against children, the need for a safe house for child victims of sexual abuse during the legal process, provide understanding to victims regarding their rights, and it is necessary to regulate the amount of restitution for child victims of sexual violence.
Responding the Crime of Running Away from Underage Girls: is Mediation the Right Solution Arifulloh, Achmad
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 21 No. 2 (2022): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v21i2.3777

Abstract

The research was based on the large number of criminal cases of running away underage women that occurred in Demak Regency. This research aims to find out and understand the legal construction of the crime of running away from underage women, the factors that cause the crime of running away from underage women, and the process of resolving the crime of running away from underage women through mediation. The research method uses a juridical-sociological approach. The results of this research show that the legal construction of the criminal act of running away from underage girls according to the Criminal Code is regulated in Article 332 and Article 82-83 of Law Number 23 of 2002 concerning Child Protection as amended by Law Number 35 2014 concerning Child Protection and must have elements of the subject running away, the object being run away and the act of taking them away. And the factors that cause the crime of running away from underage girls are factors: 1) lack of social interaction, 2) economic factors, 3) parental attention factors, 4) educational factors, and 5) low religious knowledge and the process of resolving criminal acts. Escaping minors through mediation is carried out in the following stages: 1) Report/complaint reception stage, 2) Forum formation stage, 3) Problem deepening stage, 4) Final settlement stage and determining the results of the agreement, 5) Stage involving community leaders, and 6) Mediation ending stage.
The Unlocking Emphaty Through Restorative Justice: A Mediation to Healing Theft Arifulloh, Achmad
International Journal of Law Reconstruction Vol 7, No 2 (2023): International Journal of Law Reconstruction
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v7i2.33684

Abstract

Theft, a prevalent property crime in society, serves as the focal point of this research. The study aims to investigate and evaluate the efforts, challenges, and potential solutions in addressing common theft crimes by employing a restorative justice approach. The author employs a sociological-legal approach as the research methodology. The findings of this research indicate that the resolution of theft-related criminal offenses through a restorative justice framework is feasible when both the offender and victim willingly participate in the process with the objective of achieving reconciliation and preventing recurrence of criminal behavior (recidivism). To address this, it is suggested that the responsibility for mediating the process should be entrusted to the offender and the victim, with a focus on safeguarding the rights and well-being of both parties. In addition, community involvement is emphasized, along with stringent oversight to ensure the effective implementation of the resolution process.
Legal Effort Undertaken by Notaries in Restoring Their Good Name From Sanctions Imposed by The Notaries Supervisory Council Rizqi, Adella Fania; Arifulloh, Achmad; Widayati, Widayati
Jurnal Konstatering Vol 4, No 3 (2025): July 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

Abstract. As a public official in the preparation of authentic deeds, a notary public has a role in ensuring certainty, order, and legal protection in the preparation of deeds as regulated in the Notary Public Law and other laws and regulations. However, in carrying out their duties, a notary public is under the supervision of the Notary Supervisory Board. If proven to have violated statutory provisions or the code of ethics, they will be subject to sanctions such as verbal warnings, written warnings, temporary dismissal, or dishonorable dismissal. This study aims to analyze the forms of legal efforts that a notary can take to restore his good name, as well as to examine the effectiveness of these recovery mechanisms within the framework of legal protection for notaries. This research uses a normative juridical approach with a case study approach and analysis of applicable laws and regulations, particularly the Notary Law and its implementation. Data obtained using literature studies obtained from secondary data on legal literature, court decisions, and documents related to the preparation of this scientific work, and the analysis in this study is perspective. The results of the study indicate that legal remedies that can be taken include administrative objections, appeals to the Notary Honorary Council, and lawsuits to the State Administrative Court. However, there are still challenges in its implementation, such as a lack of transparency and accountability in the supervisory process and the less than optimal restoration of good name both formally and socially. Therefore, it is necessary to strengthen regulations and legal protection mechanisms that are more in favor of the principles of justice and the human rights of Notaries as citizens.
Cancellation of a Notary's Deed of Will that Fulfills the Elements of an Unlawful Act Sukrisno, Wijayono Hadi; Arifulloh, Achmad
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

This study aims to examine the validity of a will deed made by a Notary when it meets the elements of an unlawful act and the Notary's responsibility in that context. The background of this study is the importance of the validity of a will deed as a legal document that determines the distribution of inheritance and the Notary's responsibility in ensuring that the deed is legally valid. The urgency of this study is directly related to the protection of heirs' rights and the integrity of the Notary profession. The research method used is normative juridical with a statutory approach and a case approach, using secondary data from literature studies and legal documents. The results of the study indicate that a will deed made in violation of legal provisions can be canceled by the court, as seen in the decision of the South Jakarta Religious Court No. 1920/Pdt.G/2018/PA.JS. Notaries have a great responsibility in ensuring that the will deed they make does not violate the law, and can be subject to civil, criminal, and administrative liability if proven guilty. The conclusion of this study emphasizes the importance of strict regulation and supervision of Notary practices, as well as effective law enforcement to protect the rights of heirs and maintain public trust in the Notary profession.
Legal Protection for Buyers in Good Faith in Land Sale Agreements Under Hand Without The Presence of The Seller (Case Study of Court Decision Number 81/PDT.G/2024/PN.Son) Rusilah, Eni; Arifulloh, Achmad; Darmadi, Nanang Sri
Jurnal Konstatering Vol 4, No 3 (2025): July 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

A buyer in good faith is a buyer who is unaware of any defects or flaws in a sale or purchase. Legal protection for buyers in good faith is based on Article 1338 of the Civil Code concerning agreements that must be executed in good faith and SEMA Number 7 of 2012, which guarantees legal protection for buyers in good faith. This research uses a case approach and a statute approach. Efforts to gain clarity and understanding of the problem based on court decisions and judges' considerations. Secondary data Obtained from library materials, the data is usually arranged in the form of documents including books, documents, research results embodied in reports and so on. Obtained from primary, secondary and tertiary legal materials. The results of the study show that the legal protection of buyers in good faith is based on Court Decision Number 81 / PDT.G / 2024 / PN.Son, namely stating that the buyer (Defendant) is a buyer in good faith and stating that the Defendant's actions are acts of breach of promise (Wanprestasi), this is in accordance with the theory of preventive legal protection which means that the buyer obtains the land rights in good faith based on the sale and purchase agreement. The judge's legal considerations in this case are in line with the theory of legal certainty, namely conducting a local inspection, to find facts in the field, and conducting an examination of evidence and witnesses and conducting an analysis of the sale and purchase agreement. The decision of the District Court at Level 1 has not yet become final, if there is an appeal, the results of this decision can be inversely proportional to the next decision.
Implementation of Complete Systematic Land Registration (PTSL) to Obtain Legal Certainty for Owners of Ready-to-Build Plots in Sungai Pelunggut Village, Sagulung District, Batam City Butarbutar, Romasni; Arifulloh, Achmad
TABELLIUS: Journal of Law Vol 3, No 3 (2025): September 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

Abstract. This study aims to analyze: 1). The implementation of PTSL to obtain legal certainty for the owners of ready-to-build plots in Sungai Pelunggut Village, Sagulung District, Batam City. 2) The obstacles faced and their solutions in the implementation of PTSL to obtain legal certainty for the owners of ready-to-build plots in Sungai Pelunggut Village, Sagulung District, Batam City. This type of research falls within the scope of sociological or empirical legal research. The approach used is qualitative. The data types and sources used are primary and secondary data, obtained through interviews, observations, and literature review. The analysis is descriptive and analytical. The research results concluded: 1). The implementation of Complete Systematic Land Registration (PTSL) for Ready-to-Build Plots in Sungai Pelunggut Village reflects the state's efforts to guarantee legal certainty of land rights for the community. Normatively, this program is based on Regulation of the Minister of ATR/Head of BPN Number 6 of 2018, which serves as the main legal basis for every stage of implementation, from inventory, collection of legal and physical data, to issuance of certificates. From a legal structure perspective, the implementation of PTSL involves the Ministry of ATR/BPN, the Batam City Land Office, and local governments down to the sub-district level, which together are tasked with the administration and field verification processes. From a legal substance perspective, the clarity and uniformity of procedures in the regulations provide legal legitimacy to the land registration process. Meanwhile, from a legal culture perspective, the community is beginning to show a change in attitude towards respecting formal legality, although not yet fully widespread. 2). The implementation of PTSL for Ready-to-Build Plots in Sungai Pelunggut Village still faces various complex obstacles. Normative constraints arise from the lack of clear technical regulations regarding the legalization of plots originating from informal housing, leading to confusion in their implementation. Administrative constraints include weak documentation proving rights by applicants, especially for plots obtained through underhand agreements or without proof of legal ownership. Technical constraints include discrepancies between the physical condition of the land and legal data, as well as difficulties in determining land boundaries due to overlapping claims. Social constraints include low community participation and a lack of legal understanding regarding the importance of land certification. Solutions that have been implemented include legal counseling approaches, strengthening inter-agency coordination, utilizing mapping and measurement technology, and community empowerment. Keywords: Land Registration; Legal Certainty; PTSL.
Legal Responsibility of Instrumental Witnesses in the Process Making Authentic Deeds Onetra, Rico; Arifulloh, Achmad
TABELLIUS: Journal of Law Vol 3, No 3 (2025): September 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

Abstract. This study aims to analyze: 1) the legal certainty of instrumental witnesses in the process of making authentic deeds. 2) the legal responsibility that can be imposed on instrumental witnesses if there is a discrepancy or untruth in the contents of the authentic deeds made. This type of research is normative legal research. The approach method in this research is the Statute approach. The type of data in this research is secondary data sourced from primary, secondary and tertiary legal materials. The data collection method uses library techniques (study documents). The analysis in this research is prescriptive. The results of the study conclude: 1) The legal certainty of instrumental witnesses in the process of making authentic deeds is the main pillar in guaranteeing the formal validity and perfect evidentiary value of deeds made by notaries. Legal certainty demands that every authentic deed must be formed in accordance with the provisions of applicable laws, including the requirement for the presence of two instrumental witnesses as regulated in Article 16 paragraph (1) letter m and Article 40 paragraph (1) UUJN. These provisions are imperative and must be fulfilled, because without the presence of a valid instrumental witness, the deed made by a notary does not fulfill its formal elements and cannot be qualified as an authentic deed. 2) The legal responsibility that can be imposed on the instrumental witness if there is a discrepancy or untruth in the contents of the authentic deed made lies in the formal aspects of the formation of the deed, not in the substance or content of the deed. This responsibility can be in the form of civil liability if the act results in loss to another party (through an unlawful act), criminal liability if proven to be consciously involved in forgery, providing false information, or stating to be present when not present during the process of reading and signing the deed, and administrative or ethical liability if there is a violation of notarial procedures and rules.Keywords: Accountability; Authentic Deed; Instrumental Witness.
The Effectiveness of the Certificate of Inheritance Issued by the Sub-district in the Transfer of Land Rights Due to Inheritance in the Boyolali District Area Hapsari, Anindya Ayu; Arifulloh, Achmad
TABELLIUS: Journal of Law Vol 3, No 3 (2025): September 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

Abstract. This study aims to analyze: 1) Procedures for the issuance of a Certificate of Inheritance issued by the sub-district in the transfer of land rights due to inheritance in the Boyolali District area. 2). Effectiveness of the Certificate of Inheritance issued by the sub-district in the transfer of land rights due to inheritance in the Boyolali District area.This type of research falls within the scope of empirical legal research. The approach used is a sociological-juridical approach. The data types and sources used are primary and secondary data, obtained from interviews and literature studies. The analysis is descriptive and analytical. The following conclusions are drawn from the research results: 1). Procedures for implementing the issuance of a Certificate of Inheritance issued by the sub-district in the transfer of land rights due to inheritance in the sub-district areaBoyolali includes applications, collecting administrative requirements, filling out forms or making a statement of heirs independently and ratification. 2) Problems occurred only once in Winong Village in 2019 where the applicant added data on heirs that were not real. This problem made the SKW declared invalid. Obstacles that often occur in Pulisen, Siswodipuran and Winong Villages are more related to internal problems of the applicant, such as the lengthy process of collecting the heirs' signatures. Effectiveness Analysis refers to the criteria for legal effectiveness according to Soerjono Soekanto which include legal factors, law enforcement, facilities, society, and culture. The Certificate of Inheritance in the transfer of inheritance rights issued by the village in Boyolali District shows significant effectiveness. Keywords: Certificate of Inheritance; Sub-district; Transfer of Rights. 
Execution of Debt Guarantee in Subsidized Housing Credit Agreements Not Based on Deed of Grant of Mortgage Rights (APHT) Kostiawan, Shaiful; Arifulloh, Achmad
TABELLIUS: Journal of Law Vol 3, No 2 (2025): June 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

Abstract. This study aims to analyze: 1) The legal position of debt collateral in subsidized housing credit agreements that are not based on the Deed of Granting Mortgage Rights (APHT). 2) The procedure for executing debt collateral in subsidized housing credit agreements without APHT according to applicable laws and regulations. This type of research is included in the scope of normative legal research. The approach method in this study is the statute approach. The type of data in this study is secondary data, consisting of primary, secondary and tertiary legal materials. The data collection method was obtained through literature study. The analysis in this study is prescriptive. The results of the study concluded: 1) The legal position of debt collateral in subsidized Home Ownership Credit (KPR) agreements that are not based on the Deed of Granting Mortgage Rights (APHT) is very weak in terms of juridical. Although the Regulation of the Minister of ATR/BPN Number 22 of 2017 provides leniency by allowing the use of a Power of Attorney to Charge Mortgage Rights (SKMHT) until the end of the credit agreement period, this does not change the fact that mortgage rights can only be legally recognized if they are made through an APHT and registered at the Land Office in accordance with the provisions of Law Number 4 of 1996 concerning Mortgage Rights. Without an APHT, the collateral provided by the debtor does not have legal execution power and does not provide perfect property rights for the creditor. 2) The procedure for executing debt collateral in a subsidized mortgage agreement that is not based on a Deed of Granting Mortgage Rights (APHT) cannot be carried out through a direct parate execution mechanism, as regulated in Law Number 4 of 1996 concerning Mortgage Rights. Without an APHT and registration of mortgage rights, the collateral does not have legal standing, so that the creditor does not have preferential rights or execution power over the collateral object. In this condition, the only legal route available to creditors is to seek settlement through a civil lawsuit on the basis of default, which tends to be longer, more complex and riskier.Keywords: Debt Guarantee Execution; Subsidized Housing Credit; KPR. 
Co-Authors Butarbutar, Romasni Hapsari, Anindya Ayu ISWAHYUDI ISWAHYUDI Kostiawan, Shaiful Nanang Sri Darmadi Onetra, Rico Rizqi, Adella Fania Rusilah, Eni Sterisa, Raden Roro Nadia Sukrisno, Wijayono Hadi Triwibowo, Bagus Widayati Widayati