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Fakultas Hukum Universitas Muhammadiyah Tangerang. JL. Mayjend. Sutoyo No. 2 Sukarasa, Kota Tangerang, 15111, Banten, Indonesia
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JHR (Jurnal Hukum Replik)
Published by Universitas Muhammadiyah Tangerang
ISSN : 23379251     EISSN : 25979094     DOI : 10.31000
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
The aim Jurnal Hukum Replik is venue for academicians, researchers, and practitioners for publishing their original research articles or review articles. The scope of the articles published in this journal deals with a broad range of topics in the fields of constitutional law, criminal law, civic law, administrative law, agrrian law, medical law and interconnection study with Legal Studies in accordance with the principle of novelty
Arjuna Subject : Ilmu Sosial - Hukum
Articles 155 Documents
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Dualism of Criminal Procedural Law in the Handling of Corruption Crimes: A Study on the Relationship between the Corruption Eradication Commission and Conventional Law Enforcement Agencies Gufroni Gufroni; Annelies Larasati Gufron
Jurnal Hukum Replik Vol 14 No 1 (2026): Jurnal Hukum Replik
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/jhr.v14i1.16077

Abstract

The dualism of criminal procedural law in the handling of corruption crimes in Indonesia is a consequence of legal policy that categorizes corruption as an extraordinary crime. The establishment of the Corruption Eradication Commission, endowed with special powers of investigation, inquiry, and prosecution, was intended to address the limitations of conventional law enforcement mechanisms under the Indonesian Criminal Procedure Code. However, in practice, the coexistence of these two criminal procedural regimes has generated normative and institutional issues that affect the coherence of the criminal justice system, the distribution of authority among law enforcement agencies, as well as legal certainty and the protection of suspects’ rights. This study aims to analyze the construction of criminal procedural law in corruption cases, the relationship of authority between the Corruption Eradication Commission and conventional law enforcement agencies, and the implications of procedural dualism for the principles of the rule of law. The research employs a normative legal research method, using statutory, conceptual, and literature-based approaches conducted through a systematic review of relevant legal materials. The analysis is grounded in the theories of lex specialis, authority, integrated criminal justice systems, legal certainty, due process of law, and procedural justice. The findings indicate that the dualism of criminal procedural law in corruption cases is not merely normative but also structural and institutional in nature. The absence of clear boundaries of authority and integrated coordination mechanisms between the Corruption Eradication Commission and conventional law enforcement agencies has the potential to fragment the criminal justice system. Furthermore, procedural differences in the handling of corruption cases undermine legal certainty and may weaken the protection of suspects’ rights. Therefore, this study emphasizes the urgency of harmonizing criminal procedural law in corruption cases to ensure that anti-corruption efforts remain effective while remaining consistent with the principles of legal certainty, procedural justice, and the protection of human rights. Keywords: Legal dualism, Corruption crime, Corruption Eradication Commission, Criminal justice system
Procedural Legitimacy in Electoral Dispute Adjudication: Assessing the Role of Constitutional Courts in Safeguarding Democratic Integrity Muhammad Asmawi
Jurnal Hukum Replik Vol 14 No 1 (2026): Jurnal Hukum Replik
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/bk9qnt17

Abstract

Procedural legitimacy in the resolution of electoral disputes constitutes a critical element in maintaining democratic integrity. This study examines the role of the Constitutional Court in ensuring compliance with legal norms, protecting citizens’ constitutional rights, and fostering public acceptance of electoral outcomes. Employing a qualitative method with a normative juridical approach, this research analyzes constitutional provisions, electoral laws, and the adjudicative practices of the Constitutional Court. The findings indicate that the Court has consistently applied principles of transparency, impartiality, participation, and accountability throughout its proceedings, thereby upholding normative legitimacy. However, a gap persists between normative and empirical legitimacy, particularly in relation to public perceptions of the complexity of judicial decisions and the potential for political bias. This study underscores that the effectiveness of procedural legitimacy is determined not only by legal compliance but also by the Court’s capacity to bridge public perception. Such capacity is essential to sustaining democratic integrity, ensuring the credibility of electoral outcomes, and preserving political stability.Keywords:Procedural legitimacy, Constitutional Court, electoral disputes, democratic integrity, constitutional law
Philosophical Reconstruction of the Concept of "Restoration of the Original State" in Article 79 Paragraph (1) of Law Number 20 of 2025 concerning the Criminal Procedure Code Andrea Hynan Poeloengan; Zulkarnain Koto; Ismail Koto
Jurnal Hukum Replik Vol 14 No 1 (2026): Jurnal Hukum Replik
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/1zgrq813

Abstract

The development of the global criminal justice system shows a paradigm shift from retributive justice to restorative justice, which places restoration as the primary orientation in resolving criminal cases. In the Indonesian context, restorative values have been alive in the tradition of customary law and the philosophy of Pancasila, but were marginalized by colonial legal formalism. Legal reform through the New Criminal Procedure Code, specifically Article 79 paragraph (1) of Law Number 20 of 2025, reintroduces the concept of "restoring the original state" as an instrument for protecting human rights and substantive justice. The problem is, without a philosophical reconstruction based on Pancasila values, the concept of restoration has the potential to be reduced to a material compensation mechanism that opens up space for the practice of "transactions of impunity" and inequality in social justice. This research uses a normative juridical method with an approach to vertical and horizontal synchronization of legal norms and is reinforced by scenario planning within a foresight method framework to project the implications of the application of norms in a reductive manner. The research findings indicate that restoration to the original state must be interpreted as a multidimensional process encompassing the restoration of human dignity, social relational balance, and the state's responsibility to protect citizens' rights. A Pancasila-based philosophical reconstruction is necessary for the concept of restoration to function as an authentic instrument of restorative justice in the modern Indonesian criminal justice system. Keywords: Philosophical Reconstruction, Restoration of the Original State, Article 79 Paragraph (1) of LawNumber 20 of 2025.
Waqf Disputes and Procedural Justice Through Proof of PledgesThe Status of Nazhir in Religious Courts Faisal Faisal
Jurnal Hukum Replik Vol 14 No 1 (2026): Jurnal Hukum Replik
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/srsaej88

Abstract

This study examines the resolution of waqf disputes in Religious Courts, focusing on proving the waqf pledge, the legal standing of the nazhir, and the application of procedural justice. Waqf disputes often arise due to disorderly waqf administration, weak evidence of the pledge, unclear status of the waqf object, or conflicting interests between the heirs, the nazhir, and the community. This study uses a normative juridical method with a statutory, conceptual, and case-based approach. The results of the discussion indicate that proving the waqf pledge plays a crucial role in determining the legal status of the waqf object. The Waqf Pledge Deed, waqf land certificate, witness testimony, and the use of the waqf object in the community can form the basis for the judge's considerations. Furthermore, the nazhir holds a crucial position as the party responsible for safeguarding and maintaining waqf assets, but their legal standing must still be legally tested. Procedural justice is necessary to ensure that all parties have an equal opportunity to present their arguments and evidence. This research confirms that procedural law in waqf disputes must provide legal certainty, justice, and benefits for the protection of waqf assets.Keywords: waqf disputes, waqf pledge, nazhir, procedural justice, Religious Courts.
Procedural Justice in the Criminal Enforcement of Illegal Online Lending through Electronic Evidence and Victim Protection Nursarini Simatupang
Jurnal Hukum Replik Vol 14 No 1 (2026): Jurnal Hukum Replik
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/m2rnt042

Abstract

This study examines procedural justice in the criminal enforcement of illegal online lending through electronic evidence and victim protection. Illegal online lending does not merely raise issues of administration and consumer protection, but may also develop into a criminal offence when accompanied by threats, extortion, fraud, misuse of personal data, or dissemination of electronic information that harms victims. This study employs a normative legal research method using statutory, conceptual, case, and limited comparative approaches. The findings show that electronic evidence plays an important role in uncovering criminal acts related to illegal online lending because most perpetrators’ conduct leaves digital traces, such as threatening messages, communication recordings, screenshots, transaction histories, application data, and bank account numbers. However, electronic evidence must be obtained, secured, verified, and submitted lawfully in order to possess evidentiary value in criminal proceedings. In addition, victim protection must be positioned as part of a fair criminal process, as victims often suffer economic losses, psychological pressure, social threats, and misuse of personal data. This study affirms that procedural justice is necessary to balance the interests of law enforcement, victim protection, and respect for the rights of suspects. Keywords: illegal online lending, procedural justice, electronic evidence, victim protection, criminal procedural law.

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