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All Journal JURNAL MAGISTER HUKUM UDAYANA Jurnal Legalitas Yustisia Brawijaya Law Journal : Journal of Legal Studies Jurnal Cakrawala Hukum Pembaharuan Hukum Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan Jurnal Penelitian Hukum De Jure International Journal of Educational Review, Law And Social Sciences (IJERLAS) Audito Comparative Law Journal (ACLJ) Journal of Social Science

Abdul Madjid

Departemen Of Law, Universitas Brawijaya, Malang, East Java, Indonesia

Author-ID : 3085412

Religion Arts Humanities Chemistry Environmental Science Immunology & microbiology Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Materials Science & Nanotechnology Physics Social Sciences Other

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RESTORATIVE JUSTICE IN THE SETTLEMENT OF TRAFFIC ACCIDENT CAUSING DEATH TOLL ACCORDING TO THE PERSPECTIVE OF CUSTOMARY JUDICIARY IN SANGGAU DISTRICT, WEST KALIMANTAN Marina Rona; Rachmad Safa’at; Abdul Madjid; Mohammad Fadli
Yustisia Jurnal Hukum Vol 9, No 1: April 2020
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v9i1.39351

This research aims to examine restorative justice in the settlement of traffic accidents caused by the death toll from the customary judiciary perspective in Sanggau Regency, West Kalimantan. The fact of the field shows that a customary judiciary is an option for indigenous people to settle traffic accidents that resulted in the death according to customary decision. The customary judicial process is led by Pomuntuh Adat with deliberation for consensus involving the perpetrators/drivers and heirs of his family and heirs of the victim's family. Adat decision by punishing perpetrators to repay or reinstate victims losses due to criminal acts sanctioned the customary verdict where the perpetrators/drivers and heirs of the family pay customary fines to the heirs of the victim's family and also perform customary rituals as a form of recovery of natural balance. The matter of traffic accident that has been decided through the customary judiciary, it is not processed through the process through the state's prejustice. The research is an empirical legal research, using secondary data through literature studies. Primary Data was obtained through interviews where the results concluded that the settlement of a traffic accident resulting in a death toll in a customary judicial perspective is a real manifestation of restorative justice

Batasan Kewenangan Penyidik Anak Terkait Pelaksanaan Diversi dalam Proses Penyelesaian Perkara Tindak Pidana Anak Megah Novita Endriyanti; Nurini Aprilianda; Abdul Madjid
Jurnal Cakrawala Hukum Vol 9, No 2 (2018): December 2018
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v9i2.2259

This paper aims to analyze the limits of the authority of the child investigator related to the implementation of diversion in the process of resolving cases of child crimes. To answer the purpose of this paper, normative legal research is used, using the legal approach and case. The results of the study indicate that child investigators in solving cases of child crimes can apply discretion related to the implementation of diversion. The authority limit for discretion of child investigators, namely the reason for implementing diversion that does not fulfill the implementation requirements in the SPPA Law, must be logical and reasonable, not for serious crimes such as criminal acts against the body and life, and not repetitive crimes. In the case of theft with weights, the results of which have been determined by the Chairperson of the Pasuruan City District Court, discretion is taken by the police with various considerations. One of them is because the perpetrators and the victims agreed that the case would be settled in a family manner because the perpetrator still had a brotherly relationship with the victim. Therefore, with several agreements the victims decided to settle the case outside the court process, namely diversion.How to cite item: Endriyanti, M., Aprilianda, N., Madjid, A. (2018). Batasan Kewenangan Penyidik Anak Terkait Pelaksanaan Diversi dalam Proses Penyelesaian Perkara Tindak Pidana Anak. (2), 204-213. doi:https://doi.org/10.26905/idjch.v9i2.2259

Akibat hukum terhadap jual beli tanah yang telah didahului perjanjian nominee dengan warga negara asing Norentia Ekunming Sari; Suhariningsih Suhariningsih; Abdul Madjid
Jurnal Cakrawala Hukum Vol 12, No 2 (2021): August 2021
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v12i2.5808

This article has the intent and purpose of the nominee agreement regarding land rights in Indonesia. This happens because many foreign nationals, hereinafter referred to as foreigners, can own land in Indonesia, while positive law in Indonesia only allows Indonesian citizens who can own land ownership rights in Indonesia. The nominee agreement is legal smuggling that can result in land being returned to the state. However, in the Decision of the Denpasar District Court in 2013 Number 82/PDT.G/2013/PN.DPS, one of the judges' decisions is that land must be resold and the proceeds from the sale of land are divided between foreigners (benefactors) and Indonesian citizens (legal owners) as comparison in a case approach to analyze the sale and purchase of land that has been preceded by a nominee agreement in Indonesia. the action of the Plaintiff who is a foreigner to sell the land and buildings prior to the lawsuit is one of the considerations for the judge in deciding this case. In addition, Defendant I sold the land below the market price. Therefore, the unlawful acts committed by Defendant I and Defendant II over the sale and purchase of rights to the object of the dispute must be accounted for by the Defendants.How to cite item: Sari, N., Suhariningsih, S., Madjid, A. (2021). Akibat hukum terhadap jual beli tanah yang telah didahului perjanjian nominee dengan warga negara asing. Jurnal Cakrawala Hukum, 12(2), 205-212. doi:https://doi.org/10.26905/idjch.v12i2.5808

LEGAL IMPLICATIONS OF REGULATORY PROVISIONS ARTICLE 10 VERSE (5) LAW NO. 46 OF 2009 CONCERNING THE CORRUPTION CRIMINAL COURT Ahmad Fauzi; Abdul Madjid; Nurini Aprilianda; Prija Djatmika
Jurnal Pembaharuan Hukum Vol 7, No 3 (2020): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v7i3.12937

The corruption criminal court is an institution that is given the authority to examine and decide corruption cases. The purpose of this study was to determine the juridical implications of the principle of the independence of the judicial power. This study uses a normative approach with quantitative analysis. The existence of a corruption court established on judicial power states that a special court can only be formed by a separate law. Then the corruption court is an institution that has the authority to examine and decide corruption cases. In its implementation, the composition of judges in the corruption court is divided into two, namely career judges and ad hoc judges. In its implementation, there are several things in the legislation that are contrary to the principle of independence of judicial power and violate the principle of freedom of judicial power, especially for ad hoc judges in the criminal court of corruption.

Urgensi Pembatasan Masa periode Anggota Dewan Perwakilan Rakyat dalam Upaya Pencegahan Penyalahgunaan Kekuasaan Wa Ode Fatihatul Khaerunnailla; Tunggul Ansari Setia Negara; Abdul Madjid
Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan Vol 4, No 1 (2019): Juni 2019
Publisher : Universitas Negeri Malang

This paper aims to discuss the authority of members of the House of Representatives (DPR) in the 1945 Constitution of the Republic of Indonesia (UUDNRI 1945), the legal vacuum in determining the tenure of the DPR, and the urgency of ideal regulation DPR tenure. The study uses normative juridical research with a statutory and conceptual approach. The power of the DPR in the 1945 Constitution is very broad, not only relates to legislative power but also the executive and judicial. The regulation regarding the time limit for the DPR’s period has not yet been regulated (there is a legal vacuum). There is no statutory regulation governing the time limit for a person to become a member of the DPR. The urgency of limiting the period of members of the House of Representatives is to limit the holding of power too long and provide opportunities for other citizens. Members of the Regional House of Representative (DPRD) can serve for 2 periods at the district/city level, after which they can submit at the provincial level for 2 periods, and finally can apply to become a member of the DPR RI for 2 periods.

Makna Frasa Pelanggaran Berat pada Peraturan Jabatan Pejabat Pembuat Akta Tanah dalam Perspektif Hukum Pidana Hesky Novalianasari; Abdul Madjid; Titik Soeryati Soekesi
Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan Vol 5, No 2 (2020): Desember 2020
Publisher : Universitas Negeri Malang

This study aimed to аnаlyzе thе mеаnіng оf thе phrаsе “а sеrіоus vіоlаtіоn” іn аrtіclе 10 pаrаgrаph (3) lеttеr а Gоvеrnmеnt Rеgulаtіоn Numbеr 24 оf 2016 cоncеrnіng Аmеndmеnt tо Gоvеrnmеnt Rеgulаtіоn Numbеr 37 оf 1998 cоncеrnіng Rеgulаtіоn оf thе Pоsіtіоn оf Lаnd Dееd Mаkеr іn thе pеrspеctіvе оf crіmіnаl lаw. Thе typе оf rеsеаrch іn thіs аrtіclе was nоrmаtіvе jurіdіcаl rеsеаrch thrоugh thе stаtutоry аpprоаch аnd cоncеptuаl аpprоаch. Thіs study showed thе mеаnіng оf thе phrаsе “a serious vіоlаtіоn” аs rеgulаtеd іn Аrtіclе 10 pаrаgrаph (3) lеttеr а Gоvеrnmеnt Rеgulаtіоn Numbеr 24 Yеаr 2016 Rеgаrdіng Аmеndmеnts tо Gоvеrnmеnt Rеgulаtіоn Numbеr 37 Yеаr 1998 Cоncеrnіng Pоsіtіоn оf Аctіng Оffіcеr fоr Lаnd Dееd Mаkіng іs nоt іn аccоrdаncе wіth thе pеrspеctіvе оf crіmіnаl lаw. Thе crіmіnаl lаw did nоt rеcоgnіzе thе tеrm sеrіоus vіоlаtіоns, but rеcоgnіzеd vіоlаtіоns аnd crіmеs аccоmpаnіеd by wеіght. Іn crіmіnаl lаw, thе vіоlаtіоn аnd crіmе werе dіffеrеnt.

Rasio legis eksistensi pengadilan tindak pidana korupsi dalam sistem peradilan pidana Indonesia Ahmad Fauzi; Abdul Madjid; Nurini Aprilianda; Prija Djatmika
Jurnal Cakrawala Hukum Vol 12, No 1 (2021): April 2021
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v12i1.5779

Corruption if allowed to have a real economic impact, namely unequal income and increasing poverty Corruption is a common problem that occurs in almost every country, the modus operandi of corruption is to use the authority and power to take advantage for personal gain or third parties, therefore to overcome corruption crimes need a way to tackle corruption crimes. This research is a legal research using the socio-normative approach. The data used are primary data and secondary data which were analyzed using quantitative analysis. The main aspect in tackling corruption crimes is to use a law enforcement approach, one of the approaches to law enforcement is to create a Corruption Crime Court as regulated in Law No. 46 of 2009 concerning the Corruption Crime Court as an institution in charge of examining and deciding cases of criminal acts of corruption. The position of the court for criminal acts of corruption actually has a strong legal standing in the Indonesian criminal justice system, and its existence is very important and urgent in tackling corruption crimes in Indonesia.How to cite item: Fauzi, A., Madjid, A., Aprilianda, N., Djatmika, P. (2021). Rasiolegis eksistensi pengadilan tindak pidana korupsi dalam sistem peradilan pidana Indonesia. Jurnal Cakrawala Hukum, 12(1), 11-20. doi:10.26905/idjch.v12i1.5779.

Urgensi Pengaturan Honorarium Notaris Untuk Kewenangan Selain Membuat Akta Autentik Muhammad Farizal; Abdul Madjid; Endang Sri Kawuryan
Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan Vol 7, No 1 (2022): Maret 2022
Publisher : Universitas Negeri Malang

This study discussed the urgency of notary honorarium arrangements and reconstruction of notary honorarium arrangements besides making an authentic deed. The study utilized normative juridical research with a statutory approach and a conceptual approach with grammatical interpretation analysis. The urgency of determining the notary's honorarium was related to the philosophical, juridical, economic and sociological urgency. Giving an honorarium to a notary in addition to his authority in an authentic deed was very necessary because it provided legal protection for the rights that a notary should receive for the services that had been provided. The determination of the honorarium aimed to provide legal protection and legal certainty to notaries.

Sentencing over Objection to Mobilization as Military Reserve: An analysis of National and International Laws Abdul Madjid
Brawijaya Law Journal Vol. 9 No. 1 (2022): International Law and Security
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2022.009.01.01

Law Number 23 of 2019 concerning National Resource Management for State Defense does not regulate conscientious objection, which refers to the right of a person to refuse to participate in a war or military service on the grounds of religion and morality. Their absence in such services is replaced by other responsibilities such as working in public health services, providing security, and being involved in other social services. Article 77 Paragraph (1) of Law Number 23 of 2019 expressly provides for sentences that should be imposed on those who refuse to serve as a military reserve, where the rule is not in accordance with the principle of conscientious objection which gives a person the right to refuse on the basis of conscience. This research discusses the legal consequences of the enactment of two rules regarding military service and the application of different conscientious objections. This study applied normative juridical methods and approaches to examine the consistency and relevance of various statutes and government regulations that govern conscientious objection. This study also used conceptual and statutory approaches to explore why conscientious objection is considered a ground for refusal to participate in conscription according to International Human Rights Law. The findings revealed that the conception of defense and compulsory military service in Indonesia does not leave any chance to guarantee the rights of citizens to refuse to participate in military service according to the conscience and belief of every individual (conscientious objection). This is in contrast to the regulatory provisions of international human rights ratified by Indonesia under the International Covenant on Civil and Political Rights. Additionally, there is a need for clear arrangements regarding conscientious objection and the requirements that must be met by citizens who submit these principles for the rejection of military service in Indonesia.

Confiscation Of Assets In Economic Crime Sulvia Triana Hapsari; Abdul Madjid; Nurini Aprilianda
Audito Comparative Law Journal (ACLJ) Vol. 3 No. 2 (2022): May 2022
Publisher : Universitas Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/aclj.v3i2.22185

Corruption is an extraordinary crime so the punishment is the Primum Remedium. Economic Analysis of Law can be used to increase the efficiency of handling corruption crimes (TPK) to provide a level of efficiency and a deterrent effect. The formulation of the problem in this research is how is the economic analysis of law in maximizing the looted assets from the crime of corruption? This research is based on judicial normative. The data were collected using the search method and literature review. Conclusion Based on the economic analysis of law, the shift in the orientation of punishment in criminal acts of corruption from corporal punishment to a combination of corporal punishment, large fines, confiscation of assets, and impoverishment of perpetrators of criminal acts of corruption without diminishing the meaning of corporal punishment shows effectiveness and efficiency and will increase the deterrent effect for the perpetrator.

Co-Authors Ahmad Fauzi Ahmad Fauzi Apripari, Apripari Arifatul Aininta Mardjoni Dewi Amrom Musta’idah Endang Sri Kawuryan Hesky Novalianasari Intan Khoirun Nisa' Marina Rona Masruchin Ruba'i Megah Novita Endriyanti Mohammad Fadli Muhammad Farizal Norentia Ekunming Sari Nurini Aprilianda Nurini Aprilianda Nurini Aprilianda Nurini Aprilianda Nurini Aprilianda Prija Djatmika Prija Djatmika R. Imam Rahmat Sjafi’i Rachmad Safa’at Setiawan Noerdajasakti Silvony Kakoe Suhariningsih Suhariningsih Sulvia Triana Hapsari Sulvia Triana Hapsari Suwitno Yutye Imran Titik Soeryati Soekesi Tunggul Ansari Setia Negara Wa Ode Fatihatul Khaerunnailla

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