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All Journal Jurnal Hukum Khaira Ummah JHCLS
Arifullah, Achmad
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Religion Environmental Science Health Professions Law, Crime, Criminology & Criminal Justice Social Sciences

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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.
Co-Authors Amalia Fitri, Dini Jawade Hafidz Machmudi, Machmudi Muhammad Azam Nadeak, Linson Nurhasan, Muhammad Algifari Prasetia Wiranto, Agus