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Mhd Teguh Syuhada Lubis
Fakultas Hukum Universitas Muhammadiyah Sumatera Utara
Religion Agriculture, Biological Sciences & Forestry Arts Humanities Astronomy Computer Science & IT Economics, Econometrics & Finance Education Environmental Science Health Professions Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Mathematics Physics Public Health Social Sciences Other

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INCONSISTENCY OF CRIMINAL ELEMENTS IN THE ARTICLE ON GRATIFICATION COMMITTED BY CIVIL SERVANTS IN RELATION TO THE LAW ON CRIMINAL ACTS OF CORRUPTION Muhammad Ali Akbar Panjaitan; Adi Mansar; Mhd Teguh Syuhada Lubis
NOMOI Law Review Vol 7, No 1 (2026): May Edition
Publisher : NOMOI Law Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/nomoi.v7i1.31161

Abstract

Law No. 20 of 2001 Amending Law No. 31 of 1999 on the Eradication of Corruption still contains inconsistencies in its provisions, particularly regarding gratification, specifically in Article 5(2) and Article 11, which share the same elements as Article 12(a) and (b), as well as Article 6(2), which shares common elements with Article 12(c); however, each is subject to different criminal penalties, thereby creating legal uncertainty and opening the door to abuse of authority by law enforcement officials in the application of these provisions. This study employs a normative legal method through a legislative, theoretical, and legal conceptual approach to analyze the offense of gratification committed by civil servants, the application of its criminal sanctions, and the reformulation of legal provisions regarding gratification in corruption-related criminal offenses. The research findings indicate that the offense of gratification consists of four main elements: the perpetrator being a civil servant or public official; the act of receiving gratification; the existence of a relationship with an official position that conflicts with duties or obligations; and the failure to report the gratification to the Corruption Eradication Commission (KPK) within 30 working days of receipt. Various obstacles were identified in the enforcement of sanctions, including internal legal system obstacles—such as legal substance, institutional issues, and legal culture—as well as external obstacles in the form of sociological factors, technical challenges in law enforcement, and overlapping regulations.
Judicial Reasoning in Rendering Criminal Convictions Under Provisions Beyond the Public Prosecutor's Indictment in Narcotics Cases: A Juridical Analysis of the Supreme Court Decision No. 6087 K/Pid.Sus/2024 Freshly Newman Silalahi; Ida Hanifah; Mhd. Teguh Syuhada Lubis
International Journal of Economic, Technology and Social Sciences (Injects) Vol. 6 No. 2 (2025): October 2025
Publisher : CERED Indonesia Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53695/injects.v6i2.1650

Abstract

This study examines the juridical issue concerning the authority of judges to render criminal convictions by applying legal provisions that were not included in the public prosecutor’s indictment, particularly in narcotics-related criminal cases. Under the principle of litis contestatio, the indictment serves as a fundamental limitation on the scope of judicial examination and adjudication. However, in practice, the Supreme Court Decision No. 6087 K/Pid.Sus/2024 demonstrates a legal anomaly in which the panel of cassation judges found the defendant guilty under Article 127 Paragraph (1) Letter a of Law No. 35 of 2009 on Narcotics, despite the fact that this provision was not included in the prosecutor’s indictment, which was structured as a hierarchical subsidiary indictment under Articles 114 and 112 of the Narcotics Law. This normative legal research employs both a statutory approach and a case approach. The analysis reveals that convictions rendered beyond the scope of the indictment are inconsistent with the principle of legal certainty as embodied in Article 191 Paragraph (1) of the Indonesian Criminal Procedure Code (KUHAP) (or Article 244 Paragraph (2) of the New Criminal Procedure Code), under which the complete failure to prove the charges must result in an acquittal (vrijspraak). The legal implications of such deviation include the dysfunction of the indictment as a procedural instrument, the violation of the defendant’s right to defense, the potential abuse of judicial authority (ultra vires), and the erosion of public trust in the criminal justice system. The judges’ reasoning, which relied solely on the facts established during trial, disregarded both the attributed authority of the judiciary and the normative limitations imposed by criminal procedural law.
APPLICATION OF ANGKOLA BATAK CUSTOMARY CRIMINAL LAW TOWARDS THE CRIMINAL ACT OF MILD THEFT FROM THE PERSPECTIVE OF THE NATIONAL CRIMINAL CODE Rahmat Akbar Hamonangan Nasution; Mhd Teguh Syuhada Lubis
Inspiring Law Journal Vol 4, No 1 (2026): Januari-Juni
Publisher : Inspiring Law Journal

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Abstract

Customary criminal law is a law that lives and develops in society, including in the Batak Angkola indigenous community. The application of Batak Angkola customary criminal law to the crime of petty theft has little difference from the application of conventional criminal law, especially after the issuance of the National Criminal Code which prioritizes sanctions in contrast to customary criminal law which prioritizes mediation and discussion between the two parties, in the latest national criminal code, customary law is set aside in its criminal structure, where conventional criminal law is the main point in the basis for the implementation of criminal law in Indonesia.Based on the research results, this study discusses the position of Batak Angkola customary criminal law in the Indonesian criminal law system, its application to petty theft crimes, and its existence from the perspective of the National Criminal Code. Batak Angkola customary criminal law is recognized as a living law in society and has a complementary position in the national legal system. In practice, the resolution of petty theft crimes is carried out through customary deliberations involving traditional leaders, perpetrators, victims, and families based on the values of Dalihan Na Tolu, and provides sanctions in the form of compensation, customary fines, or social sanctions aimed at restoring social harmony. However, the implementation of customary criminal law still faces obstacles such as the influence of modernization, reduced understanding of customary values, and the dominance of national criminal law. Therefore, synergy is needed between customary law and national law so that customary law continues to exist and is effective in resolving conflicts in society.
THE URGENCY OF LEGAL REGULATIONS REGARDING ASSET CONFISCATION IN CORRUPTION CRIMES AS AN EFFORT TO RECOVER STATE LOSSES Rihanda Shalsabilla Tanjung; Mhd. Teguh Syuhada Lubis
Inspiring Law Journal Vol 3, No 2 (2025): Juli-Desember
Publisher : Inspiring Law Journal

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Abstract

Indonesia faces corruption as an extraordinary crime that undermines economic stability and democratic values. Current law enforcement still tends to use a conventional approach, emphasizing corporal punishment rather than restitution of state losses. Consequently, the recovery of assets obtained from corruption is less than optimal due to weak evidence and asset tracking processes. Based on these issues, this study formulates three issues: how to enforce the law on corruption crimes, the urgency of regulating asset confiscation as an effort to recoup state losses, and the criminal law policy regarding asset confiscation in corruption crimes.This research employs a normative legal method with a statute approach. The research is descriptive and analytical in nature, utilizing secondary data in the form of primary, secondary, and tertiary legal materials. Data were collected through literature review and analyzed qualitatively to provide systematic solutions.The research findings show that corruption law enforcement in Indonesia still relies on a follow-the-suspect approach rather than a follow-the-money approach. The current asset confiscation mechanism (in personam) has limitations, particularly when the defendant dies or flees, thus hampering the recovery of state losses. Therefore, there is an urgency to pass the Asset Forfeiture Bill to adopt a more progressive and asset-oriented non-conviction-based asset forfeiture (NCB) mechanism. Future criminal law policy must integrate penal and non-penal approaches so that asset confiscation becomes the primary instrument for recovering state losses, as initially accommodated in the new Criminal Code.
Co-Authors Adi Mansar Agung Adipa Dewantara Siregar Asliani Harahap Fajaruddin, Fajaruddin Freshly Newman Silalahi Hanifah, Ida Hasibuan, Guntur Hudry Ida Hanifah Jacob, John Tumba Koto, Ismail Lubis, Fahmi Yusuf Muhammad Ali Akbar Panjaitan Nazli, Muhammad Qardhawi Putri, Nur Alvia Rachmad Abduh Rahmat Akbar Hamonangan Nasution Rifqi Auva Hanief Rihanda Shalsabilla Tanjung Saragih, Rayani Utami, Listy Fadilla Yudha, Fajar Tri