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All Journal Jurnal Daulat Hukum JURNAL PENDIDIKAN TAMBUSAI Lex Librum: Jurnal Ilmu Hukum Legal Standing : Jurnal Ilmu Hukum Awang Long Law Review Journal of Law Science Jurnal Surya Kencana Satu : Dinamika Masalah Hukum dan Keadilan Veritas: Jurnal Program Pascasarjana Ilmu Hukum Universitas Islam As-Syafiiyah Jurnal Hukum Lex Generalis JURNAL RECTUM: Tinjauan Yuridis Penanganan Tindak Pidana TATOHI: Jurnal Ilmu Hukum Jurnal Penelitian Inovatif Journal of Education Research Jurnal Penelitian Ilmu Sosial dan Eksakta Bacarita Law Journal Jurnal Ilmu Pendidikan dan Sosial Literacy : International Scientific Journals of Social, Education, Humanities JUDGE: Jurnal Hukum Innovative: Journal Of Social Science Research JURNAL RETENTUM Socius: Social Sciences Research Journal ARIMA : Jurnal Sosial Dan Humaniora Nomos : Jurnal Penelitian Ilmu Hukum Jurnal Ragam Pengabdian Jurnal Cendekia Ilmiah Journal of Golden Generation Legal Science JICL
Muhammad Nurcholis Alhadi
Universitas Muhammadiyah Kalimantan Timur
Religion Arts Humanities Computer Science & IT Economics, Econometrics & Finance Education Engineering Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mathematics Nursing Public Health Social Sciences Other

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Optimalisasi Aspek Asset Recovery Di Indonesia Dalam Perspektif Follow The Money Muhammad Nurcholis Alhadi; Sutag Harsie; Muhammad Hanafi; Iranda Nadya Febianty
Jurnal Hukum Lex Generalis Vol 7 No 7 (2026): Tema Hukum Pidana
Publisher : Himpunan Ilmu Hukum dan Ilmu Hukum Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v7i7.3684

Abstract

This research analyzes the legal construction of asset recovery in Indonesia from a follow the money perspective and formulates its optimization model. Findings show that the normative framework under the Anti-Corruption Law and the Anti-Money Laundering Law has not comprehensively accommodated non-conviction based confiscation. Regulatory fragmentation, the absence of an Asset Forfeiture Law, weak inter-agency coordination and international jurisdictional barriers are the main obstacles. The study recommends enactment of the Asset Forfeiture Bill, strengthening PPATK's pro justitia authority, optimizing mutual legal assistance and integrating big data and artificial intelligence in asset tracing as operational steps.
Deferred Prosecution Agreement for Corporations: A Study of the Relevance of Article 328 of the Criminal Procedure Code from the Perspective of Substantive Justice Noviar Haikal Prasetya; Muhammad Nurcholis Alhadi; Uut Rahayuninsih
Socius: Jurnal Penelitian Ilmu-Ilmu Sosial Vol 4, No 2 (2026): September 2026
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.21944191

Abstract

The enactment of Article 328 of Law Number 20 of 2025 concerning the Criminal Procedure Code marks a paradigm shift in corporate criminal law enforcement by introducing the Deferred Prosecution Agreement (DPA) mechanism. This mechanism shifts the resolution of corporate criminal cases from the conventional criminal justice model toward a settlement based on an agreement between the Public Prosecutor and the corporation. However, the regulation raises concerns regarding the mechanism's ability to achieve substantive justice, particularly concerning the scope of prosecutorial discretion, judicial oversight, and the recovery of unlawfully obtained profits. This research aims to analyze the juridical implications of this paradigm shift on the realization of substantive justice and to formulate a regulatory framework for DPAs by strengthening judicial oversight mechanisms and disgorgement standards. This is a normative legal study employing statutory, conceptual, and comparative approaches. The analysis is prescriptive in nature, grounded in the Theory of Substantive Justice. The findings indicate that the DPA regulation in Article 328 of the New Criminal Procedure Code does not yet fully guarantee the realization of substantive justice, as it fails to adequately regulate judicial oversight mechanisms or establish objective and measurable disgorgement standards. These weaknesses risk creating disparities in legal application, diminishing the deterrent effect on corporations, and reducing the effectiveness of recovering losses suffered by the state and victims.
Analyzing the Application of the Business Judgment Rule under Law No. 16 of 2025 and Supreme Court Circular Letter No. 4 of 2016: Analisis Penerapan Business Judgment Rule Berdasarkan UU No. 16 Tahun 2025 dan SEMA No. 4 Tahun 2016 Anita Audina; Melinda Melinda; Marjan Marjan; Muhammad Nurcholis Alhadi
Journal of Indonesian Comparative of Syari'ah Law Vol. 9 No. 2 (2026): Journal of Indonesian Comparative of Syari'ah Law (JICL): Jurnal Perbandingan H
Publisher : Journal of Indonesian Comparative of Syari'ah Law

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21111/jicl.v9i2.116

Abstract

This study examines the shift in the legal paradigm regarding the legal status and criminal liability for the management of State-Owned Enterprises (SOEs) following the enactment of Law No. 1 of 2025 on SOEs, as well as its relevance to Supreme Court Circular Letter (SEMA) No. 4 of 2016 in Case No. 10/Pid.Sus -TPK/2025/Pn.Smr. The background of this study is the existence of overlapping regulations: new provisions assert that the directors, commissioners, and supervisory board members of SOEs are no longer considered state officials, while current practices still rely on old guidelines when assessing state losses. This study is a normative legal study employing a legislative and conceptual approach, utilizing descriptive-qualitative analysis of primary and secondary legal sources. The results of this study indicate that the 2025 SOE Law reinforces the separation of state assets—which have been distinct from the corporate assets of an SOE—thereby classifying risks that should be treated as business risks protected by the business judgment rule, provided they are undertaken in good faith, with due diligence, and without a conflict of interest. However, SEMA No. 4 of 2016 still allows judges the discretion to assess and determine the existence of state losses in specific cases, thereby creating the potential for overlap between the two existing regulations and the risk of over-criminalization of SOE business decisions. The conclusion of this study is that the author.
IDEAL REGULATIONS OF LAW ENFORCEMENT AGAINST MEDICAL MALPRACTICE TRADITIONAL HEALTH WORKERS Dwi Oktareza; Aullia Vivi Yulianingrum; Muhammad Nurcholis Alhadi; Elviandri; Nainuri Suhadi
Awang Long Law Review Vol. 7 No. 1 (2024): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v7i1.1410

Abstract

Traditional health services in Indonesia play an important role in maintaining public health, but the increasing cases of malpractice in this practice can endanger patient safety. The main challenges are the lack of supervision and the lack of legality that exacerbate the potential for malpractice. Therefore, strict legal protection is needed to ensure that traditional medicine is safe, effective, and meets standards, as well as to protect patients and traditional health workers. This study uses a normative legal method with a legislative, conceptual, and case study approach. Data were collected through literature studies and analyzed descriptively to understand the legal protection for patients of traditional health services. This study proposes strengthening supervision of traditional health practices through the establishment of a Traditional Health Worker Supervisory Board and non-litigation dispute resolution mechanisms such as mediation or arbitration. In addition, strict law enforcement against malpractice through administrative, civil, and criminal law will increase the accountability of traditional health workers, improve the quality of services, and provide a sense of justice for patients. Thus, it is hoped that a balance will be created between preserving tradition and effective legal protection to create a safe and fair health system in Indonesia.
THE IMPLICATIONS OF CONSTITUTIONAL COURT DECISION REGARDING THE LIMITATION OF REGIONAL HEADS' TERMS ON THE CONSTITUTIONALITY OF REGIONAL HEADS' NOMINATIONS Andreyan Noor; Aullia Vivi Yulianingrum; Elviandri Elviandri; Muhammad Nurcholis Alhadi
Awang Long Law Review Vol. 7 No. 1 (2024): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v7i1.1419

Abstract

The limitation of regional heads' terms in Indonesia is basically related to two things, the first is to avoid abuse of authority, and the second is to regenerate leadership in the regions, therefore the limitation of the regional heads' terms is very important. This research is normative legal research with a statute approach and a case approach, by analyzing the decisions of the Constitutional Court such as Decision Number 22/PUU-VII/2009, Number 67/PUU-XVIII/2020, and Number 2/PUU-XXI/2023. This study examines how the Constitutional Court interprets the term limits of regional heads, including the calculation of the term of office for regional heads who do not complete their term of office. The results of this study show that the Constitutional Court emphasizes that a term of office that is served for half of the term or more is counted as one full term, both for definitive officials and temporary officials. This interpretation aims to ensure legal certainty and prevent abuse of power, by providing protection for the constitutional rights of citizens who wish to run for re-election. The Constitutional Court's decision also confirms that the norm of term limits for regional heads is in line with the principles of justice, proportionality, and legal certainty guaranteed in the 1945 Constitution. Thus, this term limit is not only served to prevent the dominance of power, but also to encourage the regeneration of healthy leadership in the Indonesian democratic system. The implications of this Constitutional Court decision are very important for the implementation of the 2024 Simultaneous Regional Head Elections, where the KPU and Bawaslu must ensure the consistent implementation of this norm, to ensure the creation of fair, transparent, and quality elections.
Co-Authors A.S, Vidinda Maharani Absori Agustinaa, Riska Akmal Akmal Albasier, Muhammad Heykal Aldi Pebrian Ali, Nurul Fatwa Andayani, Ana Andreyan Noor Anita Audina ARDIANSYAH ARDIANSYAH Bayu Prasetyo, Bayu Dana, Robin Darmayani Tandi Tasik Dwi Oktareza Elviandri Elviandri, Elviandri Erlyando Saputra Fauzi, Wildan Muhhamad Fratiwi, Andi Gilvina Grace B.A. Hasanuddin Hasanuddin Hoirul Amin Ikhwanul Muslim Ikhwanul Muslim Indah Ratnanun Iranda Nadya Febianty Kalsela, Wanda Frisilia Kawuryan, Angelica Ari Pramesti Kelik Wardiono Khairunnisa Zain Dzakiyah Khudzaifah Dimyati LUKMAN, LUKMAN Maharani, Miranda Marjan Marjan Melinda Melinda Meylinda Putriani Muhammad Hanafi Muhammad Kholil Muhammad Kholil Muhammad Wirfani Pratama Nainuri Suhadi Noor, Andreyan Noviar Haikal Prasetya Nugroho, Muhamad Rizal Satrio Nurul Hikmah Oktareza, Dwi Pribowo, Ari Sapta Putri, Rhiza Adelia Rahmatullah Ayu Hasmiati Riza, Wahyu Friyonanda Robindana Sadam Kholik Saqinah, Nabilla Salsa Suhadi, Nainuri Sunariyo, Sunariyo Surahman Surahman Suswadi Sutag Harsie Syarief Hidayatullah Turnip Mega Marta Uut Rahayuningsih Uut Rahayuninsih Wiwik Handayani Yulianingrum, Aullia Vivi Zahra Khan Zahrah Khan Zahrah, Mutiara