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All Journal Jurnal Hukum Khaira Ummah Jurnal Daulat Hukum Jurnal Akta
Wiranto, Agus Prasetia
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Religion Law, Crime, Criminology & Criminal Justice Social Sciences

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The Implementation of International Law on Strengthening Cooperation in Combating Money Laundering Crimes of ASEAN Countries Wiranto, Agus Prasetia; Hafidz, Jawade
Jurnal Daulat Hukum Vol 7, No 1 (2024): March 2024
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v7i1.36566

Abstract

The development of technology that is growing rapidly and continues to increase makes criminals smarter and more creative in conducting money laundering. It is one of the transnational crimes because it is a crime that allows the perpetrators to commit criminal acts outside the country's borders. In 2022-2023 Indonesia has eradicated money laundering, ranging from those originating from narcotics, gambling, investment fraud, environmental crimes, banking, and cybercrime. This effort succeeded in uncovering 242 money laundering cases with 161 suspects and recovering state losses of IDR 3.74 trillion. So, the research discussed how the implementation of international law in strengthening cooperation in combating money laundering in ASEAN countries is. This research method was normative research with legal research as a process in finding legal rules, legal principles, and legal doctrines. The results of the research that has been done can be concluded that in Strengthening cooperation in eradicating money laundering in ASEAN region by making agreements (treaties) and implementing treaties on Mutual Legal Assistance in Criminal Matters 2004 (MLAT 2004) among ASEAN countries with the concept of free movement of judgment in the field of criminal matters and Strengthening inter-state ties politically to eradicate transnational crimes, especially money laundering in ASEAN member countries for cross-country law enforcement and implementing the principle of aut punire aut dedere.
The Importance of Local Wisdom Values of Customary Law in The Management of National Land Law Saktiawan, Muhammad Dias; Wiranto, Agus Prasetia
Jurnal Daulat Hukum Vol 8, No 1 (2025): March 2025
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v8i1.41607

Abstract

Agrarian conflicts between customary law communities and the government have recently begun to flare up, this is due to the government's lack of attention to communities that have been guaranteed in communal rights, conflicts that occur in the form of disputes and even criminalisation of communities whose rights are deprived without legal certainty. This research uses the juridical analysis method by making secondary data as the main data in the form of literature studies and laws related to agrarian issues. The importance of customary law local wisdom values in the management of national land law can be concluded that the integration of these values has a significant positive impact in maintaining the sustainability of natural resources, strengthening environmental protection, and preserving cultural wisdom in Indonesia. Through the recognition and implementation of local wisdom values, we can create harmony between customary law and national law, improve the welfare of local communities, and ensure that land management is carried out in a sustainable manner.
The Strengthening Customary Land Rights: Promoting Agrarian Law Reform in Indonesia Widiyoko, Setiawan; Wiranto, Agus Prasetia
JURNAL AKTA Vol 11, No 2 (2024): June 2024
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v11i2.36816

Abstract

Ulayat land is land that is controlled jointly by members of a customary law community, where the management arrangements are carried out by the traditional leader (Head of Adat) and its use is intended for both members of the customary law community concerned and outsiders. Indigenous communities tend to live scattered across Indonesia's vast forest areas. With the issuance of the Basic Agrarian Law (UUPA) and development programs, they are threatened with eviction from the forest land they now occupy. This is based on confusion regarding the legal position and rights of indigenous peoples to customary land and other agrarian resources. The existence of indigenous peoples and their rights to land is one of the considerations in renewing the law on agrarian affairs, especially in reforming agrarian law. This research was carried out using a normative juridical method. Data was obtained by collecting from several sources such as books, journal articles and regulations. In conclusion, the recognition of customary land rights has been regulated in the Basic Agrarian Law Articles 3 and 5 of 1960 and is in the process of being implemented. In the field there are many agrarian disputes that are detrimental to customary land and there is no clarity on the process of protecting customary land.
Analysis of the Application of Exceptio Non Adimpleti Contractus and Force Majeure as a Debtor's Defense in the Debt Payment Suspension Application Process (PKPU) Hanim, Latifah; Wiranto, Agus Prasetia
Jurnal Hukum Khaira Ummah Vol 21, No 1 (2026): March 2026
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v21i1.52402

Abstract

This study analyzes the fundamental tension between the demands for procedural efficiency in the Suspension of Debt Payment Obligations (PKPU) process and the need for substantial justice in contract law, particularly regarding the application of debtor defenses in the form of Exceptio Non Adimpleti Contractus (ENAC) and Force Majeure. The background shows that PKPU, which is designed as a rescue mechanism, is often misused by creditors as an aggressive collection tool due to the strict interpretation of simple proof (Article 225 of the Bankruptcy Law) which hinders the examination of the creditor's default argument (ENAC) or force majeure. The research method used is normative law, applying a statutory and conceptual approach to the Bankruptcy Law and the Civil Code, with secondary data collection through literature studies and qualitative-deductive analysis. The results and discussion reveal that ENAC is difficult to accept because it requires substantial proof that goes beyond the limits of simple proof, while Force Majeure faces high resistance in money debt, even though its recognition can exempt the debtor from fines and interest. The conclusion suggests that the Commercial Court's failure to consider these material defenses risks transforming the PKPU into a collection instrument that threatens the continuity of fundamentally sound businesses. Suggestions include establishing more concrete prima facie evidence guidelines for material exceptions, synchronizing the debtor's substantive rights in the Civil Code, and encouraging businesses to specify Force Majeure clauses in their contracts.
Force Matters of Negligence in Removing The Debtor's Liability In Civil Agreements Hanim, Latifah; Wiranto, Agus Prasetia
Jurnal Hukum Khaira Ummah Vol 21, No 1 (2026): March 2026
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v21i1.52401

Abstract

This study aims to analyze the role of force majeure in eliminating debtors' responsibilities in civil agreements and examine the limitations of its application in legal practice in Indonesia. Force majeure is a condition beyond the capabilities and desires of the parties that causes performance to be unable to be fulfilled, thus having implications for the elimination of the debtor's compensation obligation. The main problem in this study is how the concept of force majeure is regulated in Indonesian civil law and the extent to which such conditions can be used as a basis for exempting debtors from their responsibilities. The research method used is normative legal research with a statutory and conceptual approach, which is analyzed qualitatively. The results show that force majeure has an important position as a justification that can exempt debtors from the obligation to pay compensation, as stipulated in the provisions of the Civil Code. However, not all circumstances can be categorized as force majeure; rather, they must meet certain elements such as being unpredictable, occurring beyond the debtor's fault, and being unavoidable. In practice, the interpretation of force majeure often gives rise to differences, especially in determining whether an event truly meets the criteria for force majeure. Therefore, it is necessary to have clearer legal parameters to ensure legal certainty and justice for the parties to the agreement.
Co-Authors Hanim, Latifah Jawade Hafidz Saktiawan, Muhammad Dias Widiyoko, Setiawan