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All Journal Jurnal Hukum Khaira Ummah JHCLS Sultan Agung Notary Law Review Jurnal Konstatering TABELLIUS
Arifullah, Achmad
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The Corruption Reduction with an Administrative Law Approach: Evidence from Australia Hafidz, Jawade; Amalia Fitri, Dini; Muhammad Azam; Arifullah, Achmad; Prasetia Wiranto, Agus
Journal of Human Rights, Culture and Legal System Vol. 4 No. 3 (2024): Journal of Human Rights, Culture and Legal System
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jhcls.v4i3.396

Abstract

The reverse burden of proof mechanism shifts the responsibility to the fraudster to prove that his wealth did not come from corruption. This system raises concerns regarding justice, legal certainty, and the protection of human rights. This research aims to analyze the application of reverse evidence in criminal and criminal acts of corruption in procuring goods and services from the perspective of state administrative law. Reversal of the burden of proof in criminal acts of corruption is essential to eradicate corruption in Indonesia. From the standpoint of state administrative law, reverse evidence functions as a monitoring tool to prevent abuse of authority by public officials and ensure the implementation of the principles of good governance, namely transparency, accountability, and integrity in the procurement of goods/services. The novelty of this study lies in its proposal to explicitly clarify the balance of evidentiary obligations between the public prosecutor and the defendant in reversing the burden of proof under Law No. 20 of 2001, ensuring fair legal certainty and protection of human rights. Indonesia can adopt Australia's Proceeds of Crime Act 2002 approach, enabling asset seizure from suspected corruption without conviction, to enhance accountability and recover state losses effectively.
Acquittal Due to the Elimination of the Authority to Prosecute Criminal Charges for Class I Narcotics Crimes (Case Study of Decision Number: 90/Pid.Sus/2023/PN.Sdr) Nurhasan, Muhammad Algifari; Arifullah, Achmad
Jurnal Hukum Khaira Ummah Vol 20, No 2 (2025): June 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i2.46097

Abstract

The study aims to provide the legal implications of acquittal decisions due to the elimination of the authority to prosecute criminal acts of Class I Narcotics at the Sidenreng Rappang District Court as legal responsibility, and the judge's legal considerations in acquittal decisions due to the elimination of the authority to prosecute criminal acts of Class I Narcotics at the Sidenreng Rappang District Court. The sociological legal approach method is an approach to studying and discovering legal realities experienced in the field or an approach that is based on problems concerning legal matters and existing realities, using the theory of Pancasila Justice and the Legal System. The results of the research and discussion are that (1) The legal implications of the acquittal decision due to the elimination of the authority to prosecute criminal acts in Class I Narcotics crimes at the Sidenreng Rappang District Court as the defendant's legal responsibility is released from all criminal charges for the case, but the act charged is still recognized as having been committed. Other legal implications can result in two sides, namely it can have a good impact and can also have a bad impact on all parties. The positive impact of the acquittal decision is to provide justice, certainty and benefits to the defendant as one of the fulfillments of the objectives of the law. (2) The judge's legal considerations in the acquittal decision due to the elimination of the authority to prosecute criminal acts in Class I Narcotics crimes at the Sidenreng Rappang District Court, the judge considers several important things when issuing an acquittal decision due to the elimination of the authority to prosecute criminal acts. These things include evidence in court, charges, demands, witness statements, and other facts that support the judge's decision. In addition, the judge also considers legal and non-legal reasons, such as the defendant's background. The Supreme Court's decision stated that the defendant was not proven legally and convincingly guilty of committing the acts as charged in the public prosecutor's indictment.
Criminal Liability of Indonesian National Army (Tni) Members for the Crime of Abusing Class I Narcotics for Themselves (Study of Dilmiltama Decision 3-K/Pmu/Bdg/Au/III/2019) Nadeak, Linson; Arifullah, Achmad
Jurnal Hukum Khaira Ummah Vol 20, No 2 (2025): June 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i2.46036

Abstract

This thesis examines the criminal liability of Indonesian National Armed Forces (TNI) members involved in the abuse of Class I narcotics for personal use, with a case study of Decision DILMILTAMA 3-K/PMU/BDG/AU/III/2019. The increasing issue of narcotics abuse, including among state officials and law enforcement personnel, highlights a critical national problem that threatens the nation's future. This research aims to analyze the application of criminal sanctions against TNI members who commit narcotics abuse and to scrutinize the legal considerations of military courts in handing down verdicts for such cases. Utilizing a normative juridical research method with an analytical descriptive approach, the study investigates primary and secondary legal materials, including laws, legal principles, and judicial decisions. The case under review, Decision DILMILTAMA 3-K/PMU/BDG/AU/III/2019, involved defendant X, who was convicted of using Class I narcotics for personal consumption. The results of this study indicate that members of the Indonesian National Armed Forces (TNI) who are proven to have abused Class I narcotics for personal use can still be held fully criminally liable, as specified in Law Number 35 of 2009 on Narcotics and relevant military regulations. In this case, the defendant, Muhammad Akhyar, was sentenced to imprisonment and was also subjected to dishonorable discharge (PTDH) as a form of both criminal and administrative accountability.
Effectiveness of Immigration Law Enforcement in the Review of the Implementation of Immigration Administrative Actions and Criminal Procedure (Case Study: Class I Special Immigration Office TPI Semarang) Machmudi, Machmudi; Arifullah, Achmad
Jurnal Hukum Khaira Ummah Vol 20, No 2 (2025): June 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i2.46045

Abstract

The purpose of this research is to examine and analyze the effectiveness of immigration law enforcement in the implementation of administrative and penal measures against immigration violations at the Class I Special Immigration Office TPI Semarang; as well as to identify the inhibiting factors affecting the effectiveness of immigration law enforcement, both in terms of administrative and penal aspects, and to propose possible solutions. This research employs an empirical juridical approach, combining the study of legal literature (secondary data) and primary data obtained through direct interviews with immigration officials. The research is descriptive-analytical in nature, as it seeks to describe the implementation and obstacles of immigration law enforcement, which are then analyzed juridically and concluded. The results of the research show that the implementation of administrative immigration actions at the Class I Special Immigration Office TPI Semarang has been effective, as evidenced by the consistent enforcement of deportation, deterrence, revocation of stay permits, and administrative fines in a timely and appropriate manner. Penal enforcement for serious violations has also been carried out up to the prosecution stage in court, as in the case of a Nigerian national who misused a visit visa for illegal trade activities. However, the effectiveness of immigration law enforcement is still hampered by several factors, including limited detention facilities, a shortage of competent human resources, budget constraints, weak inter-agency coordination, and low legal awareness among the public. These challenges affect the achievement of both legal effectiveness and legal certainty in the enforcement of immigration law. Therefore, strengthening institutional capacity, enhancing officer competence, providing adequate supporting facilities, and optimizing inter-agency coordination are required as solutions to improve effectiveness and ensure legal certainty in immigration law enforcement.
Notary's Liability for Mistakes in Writing Deeds That Have Been Made Prasmara, Christiano Valdis; Arifullah, Achmad
Jurnal Konstatering Vol 3, No 4 (2024): October 2024
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

This study was conducted with the aim of analyzing the legal liability of notaries for the deeds they have made and legal protection for parties who are harmed due to errors in the deed. This study uses a normative legal approach with a clinical legal research method that focuses on the study of applicable laws and regulations and legal norms. The data sources used are secondary data through literature studies covering primary, secondary, and tertiary legal materials. The results of the study indicate that based on Article 65 of the Notary Law No. 30 of 2004 concerning the Position of Notary in conjunction with Law No. 2 of 2014 concerning the Position of Notary, namely that notaries, both those who are still active and those who have retired, remain responsible for the deeds they have made. Article 16 of the UUJN stipulates that notaries can be subject to sanctions for mistakes that harm other parties, either through administrative or civil sanctions in accordance with Article 1365 of the Civil Code. Deeds that are legally flawed due to negligence or violations of the law can be canceled through a court decision in accordance with Article 1320 of the Civil Code. In terms of legal protection against errors in deeds in accordance with Article 1868 of the Civil Code, it is emphasized that authentic deeds made by notaries have very strong evidentiary power. If there are errors or violations of the law in the process of making it, the deed can be considered null and void or become a deed under hand. In addition, the injured party can sue for damages based on Article 1365 of the Civil Code for unlawful acts. This study focuses on notaries who remain responsible for the deeds they have made even though they have retired. Legal protection for the injured party can be realized through the cancellation of a legally defective deed which can only be done through a court decision that has permanent legal force. Notaries who make mistakes or violations can be subject to sanctions in accordance with applicable regulations, both administrative and civil sanctions.
The Legal Protection against the Criminalization of Notary Positions and Land Deed Officials (PPAT) Irfan, Irfan; Arifullah, Achmad
Jurnal Konstatering Vol 2, No 3 (2023): July 2023
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

It cannot be hidden, the position of the perpetrators of the position of notary public and land deed official (PPAT) is very vulnerable to becoming a “target for shooting” by law enforcement officials. The term that is currently viral is "Criminalization" by unscrupulous officials with various motives. Meanwhile, in work, notaries are always reminded to be professional and comply with the applicable laws and regulations that regulate standard work procedures. This is regulated, mainly in the Notary Office Law, and other regulations, including the Regulations for the position of a land deed official (PPAT). Apart from that, there is also a code of ethics. With regard to the explanation above, the purpose of this study is 1) to find out the form of legal protection against the criminalization of notary/PPAT positions in the city of Semarang, 2) to find out and analyze how to recover the rights and conditions of a notary who is caught in criminalization in carrying out his position in the city of Semarang. The approach method in this research is a sociological juridical approach. The research specifications used are analytical descriptive research. Data types use primary data and secondary data. Data collection using interview and literature study methods. The data analysis method used is qualitative analysis. The results of the study concluded that: 1) by applying the precautionary principle before making a deed, in order to examine all facts related to making a deed with considerations based on statutory regulations. 2) Rehabilitation is a form of eliminating all losses that have been caused by cases that have befallen a notary and is a form of restoring the rights of a notary by clearing the good name, position, dignity and dignity as a public official. If it is related to the case example in Decision Number: 650/Pid.B/2015/PN Dps, the form of compensation can be submitted in pretrial because the indictment does not fulfill the elements of crime of violating a criminal act and the indictment used is a criminal act that is not in accordance with the elements contained in a criminal act but rather a civil act so that this has shown that there has been an error in the application of law.
Notary's Responsibility for the Criminal Act of Forgery of Authentic Deeds (Study of Decision Number 1003 K/Pid/2015) Nuraini, Rubit Wahyu; Arifullah, Achmad
TABELLIUS: Journal of Law Vol 3, No 1 (2025): March 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

Notary is a public official who is authorized to make authentic deeds and other authorities as referred to in Law Number 2 of 2014 concerning the amendment to Law Number 30 of 2004 concerning the Position of Notary. This study aims to analyze the responsibility of notaries for the criminal act of forgery of authentic deeds with a case study in Decision Number 1003 K/Pid/2015. The main focus of this study is to understand the legal position of notaries in the context of making authentic deeds and the legal implications that arise if forgery occurs. In addition, this study also explores aspects of criminal and civil law related to the responsibility of notaries in carrying out their duties, in order to provide recommendations for legal protection for the injured parties. The research method used is a normative legal approach by examining laws and regulations and case approaches, legal doctrines, and case studies of court decisions. Data were collected through literature studies and analysis of related legal documents. The analysis was carried out descriptively qualitatively to obtain a comprehensive picture of the notary's responsibility in cases of forgery of authentic deeds. The results of the study indicate that notaries have legal responsibilities both civilly, criminally, and administratively in making authentic deeds. Decision Number 1003 K/Pid/2015 reveals that forgery of authentic deeds can result in criminal sanctions for notaries who are proven to be negligent or intentionally violating the law. From this study, it is recommended that there be strengthening of regulations and supervision of the notary profession in order to prevent abuse of authority in making authentic deeds.
Legal Protection for Legitimate Owners in Disputes Over Dual Certificate Ownership Due to Unlawful Acts Sari, Nurmila; Arifullah, 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 the legal protection provided to legitimate owners in dealing with disputes over ownership of duplicate certificates and the legal remedies that can be taken in response to such unlawful acts. The research approach uses a normative juridical method by reviewing laws and regulations, court decisions, and related legal literature. The analysis refers to several key regulations, namely Law Number 5 of 1960 concerning Basic Agrarian Regulations (UUPA), which regulates land ownership rights and dispute resolution mechanisms; Law Number 4 of 1996 concerning Mortgage Rights; and Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution. In addition, legal protection is also based on the provisions of the Civil Code (KUHPerdata), specifically regarding unlawful acts (Article 1365 of the KUHPerdata), which allows legitimate owners to file lawsuits for compensation and cancellation of duplicate certificates. The results of the study indicate that legal protection for legitimate owners still faces obstacles such as complex land administration bureaucracy and the potential for corruption, as well as weak coordination between relevant institutions. Therefore, it is necessary to strengthen legal mechanisms by increasing transparency and accuracy in land administration, as well as strict law enforcement against unlawful acts that result in the issuance of duplicate certificates. Legitimate owners can pursue civil and criminal legal remedies, including filing lawsuits for unlawful acts, to obtain legal certainty and restitution of their rights. This study provides strategic recommendations for the government and relevant institutions in improving the land administration system and strengthening legal protection to achieve justice for legitimate landowners and reduce duplicate certificate disputes in Indonesia. Keywords: Disputes; Dual Certificates; Legal Protection. 
Legal Consequences of Duplicate Land Certificates in Cases of Transfer of Inheritance Rights Satria Linanda, Ivan Rizal; Arifullah, Achmad
Sultan Agung Notary Law Review Vol 7, No 3 (2025): September 2025
Publisher : Program Studi Master of Notary Law (S2), Faculty of Law, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/sanlar.7.3.293-306

Abstract

This study aims to analyze the legal consequences of the issuance of multiple land certificates in the transfer of rights due to inheritance, examine efforts to resolve disputes that arise, and describe the form of the deed of transfer of land rights due to inheritance made by the Land Deed Making Officer (PPAT) in accordance with the provisions of laws and regulations. The research method used is normative juridical with a statute approach and a case approach, and is analyzed qualitatively based on primary, secondary, and tertiary legal materials. Data are analyzed using the theory of legal certainty and the theory of legal protection as a conceptual basis. The results of the study indicate that the issuance of multiple certificates in the transfer of inheritance rights causes legal consequences in the form of defects in land administration, so that one of the certificates must be canceled to restore legal certainty for the legitimate rights holder. The National Land Agency (BPN) is responsible for making administrative corrections, while disputes that arise can be resolved through litigation (General Court or PTUN) or non-litigation (deliberation, mediation, or arbitration). From a formal perspective, the creation of a deed of transfer of rights due to inheritance by a PPAT functions as authentic evidence and the basis for recording changes in rights at the Land Office as regulated in Articles 37 and 42 of Government Regulation Number 24 of 1997 concerning Land Registration and Regulation of the Minister of ATR/BPN Number 3 of 1997.
Legal Consequences of Duplicate Land Certificates in Cases of Transfer of Inheritance Rights Rizal Satria Linanda, Ivan; Arifullah, Achmad
Jurnal Konstatering Vol 4, No 4 (2025): October 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This study aims to analyze the legal consequences of the issuance of multiple land certificates in the transfer of rights due to inheritance, examine efforts to resolve disputes that arise, and describe the form of the deed of transfer of land rights due to inheritance made by the Land Deed Making Officer (PPAT) in accordance with the provisions of laws and regulations. The research method used is normative juridical with a statute approach and a case approach, and is analyzed qualitatively based on primary, secondary, and tertiary legal materials. Data are analyzed using the theory of legal certainty and the theory of legal protection as a conceptual basis. The results of the study indicate that the issuance of multiple certificates in the transfer of inheritance rights causes legal consequences in the form of defects in land administration, so that one of the certificates must be canceled to restore legal certainty for the legitimate rights holder. The National Land Agency (BPN) is responsible for making administrative corrections, while disputes that arise can be resolved through litigation (General Court or PTUN) or non-litigation (deliberation, mediation, or arbitration). From a formal perspective, the creation of a deed of transfer of rights due to inheritance by a PPAT functions as authentic evidence and the basis for recording changes in rights at the Land Office as regulated in Articles 37 and 42 of Government Regulation Number 24 of 1997 concerning Land Registration and Regulation of the Minister of ATR/BPN Number 3 of 1997.
Co-Authors Amalia Fitri, Dini Jawade Hafidz Machmudi, Machmudi MMSI Irfan ,S. Kom Muhammad Azam Nadeak, Linson Nuraini, Rubit Wahyu Nurhasan, Muhammad Algifari Prasetia Wiranto, Agus Prasmara, Christiano Valdis Rizal Satria Linanda, Ivan Sari, Nurmila Satria Linanda, Ivan Rizal