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All Journal Jurnal Ilmiah Galuh Justisi Jurnal Darma Agung Jurnal Hukum Lex Generalis NEGREI: Academic Journal of Law and Governance
Hambali Yusuf
Universitas Muhammadiyah Palembang
Religion Humanities Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Materials Science & Nanotechnology Social Sciences

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PEMBERANTASAN TINDAK PIDANA PENCUCIAN UANG BERDASARKAN UNDANG-UNDANG NOMOR 8 TAHUN 2010 TENTANG PENCEGAHAN DAN PEMBERANTASAN TINDAK PIDANA PENCUCIAN UANG Mahendra Mahendra; Hambali Yusuf; Helwan Kasra; Abdul Latif Mahfuz
JURNAL DARMA AGUNG Vol 30 No 3 (2022): DESEMBER
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat Universitas Darma Agung (LPPM_UDA)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46930/ojsuda.v30i3.3838

Abstract

Peran supremasi hukum merupakan salah satu bentuk sistem hukum yang paling penting dalam memerangi kejahatan di Indonesia, khususnya dalam mengatasi dan mencegah pencucian uang sebagai salah satu bentuk kejahatan saat ini. Dalam penelitian ini pendekatan yang digunakan adalah pendekatan hukum atau normatif. Yang menjadi permasalahan adalah kebijakan Pemerintah dalam pemberantasan tindak pidana pencucian uang berdasarkan Undang-Undang Nomor 8 Tahun 2010 tentang Pencegahan dan Pemberantasan Tindak Pidana Pencucian Uang. Hasilnya, pemberantasan tindak pidana pencucian uang, termasuk upaya non-kriminal dengan menerapkan tindakan preventif (tindakan pencegahan), terbukti justru lebih baik dan efektif dalam mencegah munculnya pelaku tindak pidana pencucian uang.
Penegakan Hukum Perkara Tindak Pidana Ringan (Tipiring) dengan Pendekatan Restorative Justice yang Ditolak Pihak Korban di Kepolisian Resor (Polres) Lahat Hambali Yusuf; Sri Suatmiati; Sega Ortega
Jurnal Hukum Lex Generalis Vol 5 No 7 (2024): Tema Hukum Pidana
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v5i7.829

Abstract

The restorative justice approach (restorative justice) is a breakthrough to realize legal justice that humanizes humans by using conscience which also fights the negative stigma in society, that the law is blunt upwards, but sharp downwards, so that cases that are simple and trivial or light can be resolved outside the court do not need to be submitted to the court. The research problem is how is the law enforcement of minor criminal cases with a restorative justice approach that is rejected by the victim in the Lahat Resort Police and what factors hinder the handling of minor criminal cases with a restorative justice approach at the Lahat Resort Police. The research uses an empirical juridical approach complemented by literature data and the nature of this research is descriptive analytical. The result of the research is in the handling of minor criminal cases with a restorative justice approach at Lahat Police Station carried out as usual according to the Indonesian criminal justice system, namely by preventive action using non-penal means or also repressive action with penal means. For handling tipiring cases, Lahat Police investigators prioritize and prioritize the restorative justice (RJ) approach. However, if the use of the restorative justice approach is rejected by the victim or the perpetrator after the mediation step is attempted in such a way as to be guided by the provisions of Articles 5 and 6 of the Indonesian National Police Regulation Number 8 of 2021, but still fails, then the case file is forwarded to the next stage, namely being submitted to the prosecutor's office. The obstacle factors encountered by the Lahat Police investigating officers include the weak rules regarding restorative justice that are not enough to guarantee legal certainty, because they are still in the form of regulations under the law (legal factors), the lack of understanding of investigating officers regarding restorative justice, where the police still believe that law enforcement must be in accordance with the criminal justice system and the professionalism of investigating officers is still low (apparatus factors) and the lack of understanding, knowledge and understanding of the community about the importance of using restorative justice in resolving tipiring cases (community factors).
Pelaksanaan Penerapan Diversi pada Kasus Perkara Tindak Pidana Penganiayaan oleh Anak di Kepolisian Sektor (Polsek) Pemulutan Ogan Ilir Hernawan Hurairo; Hambali Yusuf; Cholidi Zainuddin
Jurnal Hukum Lex Generalis Vol 6 No 7 (2025): Tema Hukum Pidana
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v6i7.884

Abstract

The handling of child abuse cases often presents new challenges. To address this, the government has issued regulations concerning children in conflict with the law. This study examines the implementation of diversion in child abuse cases at the Pemulutan Ogan Ilir Sector Police and the obstacles investigators face. Using an empirical and descriptive-analytical approach, the study finds that while diversion efforts align with Law No. 11 of 2012 and Law No. 17 of 2016, they remain ineffective due to difficulties in reaching agreements. Additional challenges include investigator professionalism, limited resources, and societal perceptions favoring imprisonment as the best punishment.
Penegakan Hukum Perkara Tindak Pidana Pencurian Buah Kelapa Sawit Milik PT. Agro Muara Rupit (West) oleh Polres Muratara (Studi Kasus Laporan Polisi Nomor : Lp/B-23/Vi/2022/Sumsel/Res.Muratara) Ahmad Redo Fernando; Hambali Yusuf; Ismail Pettanasse
Jurnal Hukum Lex Generalis Vol 6 No 7 (2025): Tema Hukum Pidana
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v6i7.885

Abstract

Crime prevention and eradication are part of the government's duties in law enforcement. Narrowly, law enforcement is associated with the prevention and eradication of crime through the criminal justice system. The police as the front guard play a role in the investigation. The problem of this thesis is how the law enforcement against the crime of theft of oil palm fruit by PT. Agro Muara Rupit (WEST) by the Muratara Police and the inhibiting factors. This empirical legal research shows that law enforcement is carried out penally without restorative justice because it is rejected by the company. The main obstacles are the rejection of RJ, as well as factors of law enforcement, infrastructure, and community culture.
Legal Analysis of LGBT Behavior Among TNI Soldiers: Implementation of Regulations and Their Impact on Military Discipline Sorna Nauli Nasution; Hambali Yusuf; Erli Salia
Jurnal Ilmiah Galuh Justisi Vol 13, No 2 (2025): Jurnal Ilmiah Galuh Justisi
Publisher : Universitas Galuh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25157/justisi.v13i2.18929

Abstract

This study aims to analyze the criminal liability of TNI soldiers involved in Lesbian, Gay, Bisexual, and Transgender (LGBT) behavior in the context of Indonesian military law, focusing on the implementation of regulations at the Palembang I-04 Military Court. Although there is no explicit provision in the Criminal Code (KUHP) that prohibits LGBT behavior, conservative social norms in Indonesia and strict TNI internal regulations on soldier discipline can lead to violations of the ethics and morals accepted by the military institution. This study uses a qualitative approach by analyzing applicable regulations, military justice practices, and the impact of disciplinary policies on TNI soldiers involved in LGBT behavior. The results of the study indicate that TNI soldiers involved in LGBT behavior are at risk of being subject to disciplinary sanctions based on Government Regulation No. 39 of 2010 concerning Military Discipline and TNI Regulation No. 23 of 2010 concerning Mental and Ethical Development of TNI Soldiers. These sanctions can include dishonorable discharge or demotion, although there is no explicit prohibition in general criminal law. In addition, the Palembang I-04 Military Court plays a role in trying disciplinary violations that occur, by assessing whether the LGBT behavior tarnishes the image of the TNI or is contrary to the norms held by the institution. This study provides insight into the application of military law to LGBT issues in a conservative social context, as well as the importance of consistent and fair discipline enforcement in dealing with social developments in Indonesia. In addition, this study also offers recommendations for TNI internal policies to be more responsive to issues of sexual diversity, along with efforts to maintain the integrity and credibility of the institution.
Implementation of Article 36 of Law Number 42 of 1999 concerning Fiduciary Security Regarding the Imposition of Criminal Sanctions for the Transfer of Fiduciary Collateral Objects Suhardi; Hambali Yusuf; Abdul Latif Mahfuz; Habiburrahman
NEGREI: Academic Journal of Law and Governance Vol. 5 No. 2 (2025)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/negrei.v5i2.13232

Abstract

Many fiduciary grantors, such as individual debtors, are unaware that transferring fiduciary collateral objects without written permission constitutes a criminal offense. They often perceive the collateral as entirely their own property. Such criminal acts are frequently committed without malicious intent (mens rea), which has sparked debates regarding their treatment under criminal law. This study examines the implementation of Article 36 of Law Number 42 of 1999 concerning Fiduciary Security, particularly in relation to the imposition of criminal sanctions for the transfer of fiduciary collateral objects without the written consent of the fiduciary recipient. The primary focus of this research is to assess the effectiveness of the application of this criminal provision in practice, as well as to identify both legal and non-legal obstacles in the enforcement process. This research uses a normative juridical method with a qualitative approach, employing both primary and secondary legal materials. The findings indicate that Article 36 of the Fiduciary Security Law is no longer relevant, and that the imposition of criminal sanctions for the transfer of fiduciary collateral objects does not yet reflect a sense of justice. Criminal sanctions against fiduciary grantors who transfer fiduciary collateral are regulated under Article 36 of Law No. 42 of 1999; however, third parties (i.e., receivers or buyers of the collateral) are not regulated under this law. As a result, fiduciary recipients often feel disadvantaged. However, with the verdict of the Kebumen District Court Number 50/Pid.B/2019/PN.Kbm dated April 11, 2019, the perpetrator of the offense of receiving fiduciary collateral objects (i.e., fencing) can now be prosecuted under Article 480 of the Indonesian Criminal Code (KUHP).
Co-Authors Abdul Latif Mahfuz Ahmad Redo Fernando Cholidi Zainuddin Erli Salia Habiburrahman Helwan Kasra Hernawan Hurairo Ismail Pettanasse Mahendra Mahendra Mahfuz, Abdul Latif Sega Ortega Sorna Nauli Nasution Sri Suatmiati Suhardi