Jawade Hafidz
Fakultas Hukum Unissula

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EFEKTIFITAS PELAKSANAAN SISTEM PEMBUKTIAN TERBALIK TERHADAP PERKARA KORUPSI DALAM MEWUJUDKAN NEGARA HUKUM DI INDONESIA Hafidz, Jawade
Majalah Ilmiah Sultan Agung Vol 47, No 118 (2009): Jurnal Majalah Ilmiah Sultan Agung, Juni - Agustus 2009
Publisher : Universitas Islam Sultan Agung

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Abstract

Reversal of burden proof system arranged in Code Number 31 Year 1999 jo. Code Number 20 Year 2001. In this reversal of burden proof system, defendant have to prove that its estae not a result of public prosecutor and corruption also remain to have obligation to prove its assertion. This reversal of burden proof system conducted because is difficult of verification him to corruption doing an injustice by public prosecutor if using arranged verification system in Code Number 8 Year 1981 (Code Procedure of Criminal). Keyword : Corruption and Reversal of Burden Proof System 
EKOLOGI KONSTITUSIONAL (GREEN CONSTUTIONAL) DAN KEDAULATAN WILAYAH DI INDONESIA Hafidz, Jawade
Jurnal Hukum Vol 26, No 2 (2011): “Jurnal Hukum” Volume XXVI, Nomor 2, Edisi Agustus 2011
Publisher : Universitas Islam Sultan Agung

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Green Constitusional is a concept contained in the Act of 1945 Amendments, which in Article 33 Paragraph (3) arranged on the environment that must be managed for the benefit of development based on sustainable principles (suistainable) and environment (pro-enviroment). Green Constitusional concept first introduced by Jimly Asshiddiqie the first time in which this is one of the ideas and developments in environmental protection efforts are put towards environmental rights arrangements in the constitution of the State as a commitment to environmental protection and management.Constitution of the Republic of Indonesia 1945 Amendments also referred to as the supreme law of the land, because in its articles have known or regulating the preservation of nature or has shades of green. This is also confirmed in the Constitutional Court Decision No. 013/PUU-III/2005 dated 12 September 2005 that the politics of Indonesias forest is in the implementation of human rights in Indonesia today and future generations to gain a healthy environment and in order implementation of national development.
MALFUNGSI HAN DAN UPAYA MELAKUKAN REKONSTRUKSI SISTEM HUKUM YANG ADA MENUJU HUKUM YANG MELAYANI Hafidz, Jawade
Jurnal Hukum Vol 28, No 2 (2012): Jurnal Hukum Volume XXVIII No. 2 Tahun 2012
Publisher : Universitas Islam Sultan Agung

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The republic of Indonesian is a law country with welfare state concept. Consequently, each activity should be oriented around the goals based on the law that organize state activities, government, and society. The State is required to play a role and to interfere on its socety life in order to achieve prosperity. One of the important role is state administration to serve the society. In recent time, state administrative law plays a large role, because the state grants the authority to government in organizing society’s concerns and welfare, which mean the state  to be functionsto serve socety’s needs.
SISTEM PERTANGGUNGJAWABAN PERKARA KORUPSI DALAM RANGKA PERCEPATAN PENYELAMATAN UANG NEGARA Hafidz, Jawade
Jurnal Dinamika Hukum Vol 11 (2011)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

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Abstract

Regulations governing the crime of corruption has changed several times.?This is done to reach a modus operandi of various criminal acts of corruption and minimize the legal gaps that can be used as an excuse for the perpetrators of corruption to be able to detach himself from the shackles of law. Investigation, prosecution and examination before the court in a corruption case precedence over any other case to completion as soon as possible.?In the Law of Criminal Acts of Corruption, the loss state is enough to capture perpetrators of corruption.?Perpetrators of corruption have the right to prove that he did not commit corruption.?Even so, the prosecutor still must prove the charges.?Greater accountability of corruption, namely the possibility of imposition of penalty in absentia, the possibility of seizure of goods that had been seized for a defendant who has died before a verdict can not be changed again, the formulation of a broad scope of the offense, the expansion of the interpretation of the word "embezzle?"the offense of embezzlement.?Keyword : corruption, financial state, criminal responsibility
EFEKTIFITAS PELAKSANAAN SISTEM PEMBUKTIAN TERBALIK TERHADAP PERKARA KORUPSI DALAM MEWUJUDKAN NEGARA HUKUM DI INDONESIA Hafidz, Jawade
Majalah Ilmiah Sultan Agung Vol 44, No 118 (2009): Jurnal Majalah Ilmiah Sultan Agung, Juni - Agustus 2009
Publisher : Majalah Ilmiah Sultan Agung

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Abstract

Reversal of burden proof system arranged in Code Number 31 Year 1999 jo. Code Number 20 Year 2001. In this reversal of burden proof system, defendant have to prove that its estae not a result of public prosecutor and corruption also remain to have obligation to prove its assertion. This reversal of burden proof system conducted because is difficult of verification him to corruption doing an injustice by public prosecutor if using arranged verification system in Code Number 8 Year 1981 (Code Procedure of Criminal).Keyword : Corruption and Reversal of Burden Proof System
TINJAUAN YURIDIS TENTANG DISHARMONISASI PERATURAN DAERAH DI KABUPATEN MAGELANG (Studi Terhadap Peraturan Daerah Nomor 2 Tahun 2013 Tentang Usaha Peternakan) Ikrar Prasetya, Tabah; Hafidz, Jawade
Jurnal Hukum Khaira Ummah Vol 12, No 1 (2017)
Publisher : Jurnal Hukum Khaira Ummah

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Abstract

The 1945 Constitution of the State of the Republic of Indonesia authorizes local governments to organize and manage their own governmental affairs according to the principle of autonomy and co-administration. Implementation of local government in carrying out its duties, authorities, obligations and responsibilities under higher legislation may establish regional policies formulated in regional or local regulations. Such regional policy shall not be contrary to the higher laws and regulations and the public interest and other regional regulations.Local Government of Magelang Regency has a regulation regulating the implementation of Livestock Business namely Regional Regulation No. 2 of 2013 on Livestock Business (Lembaran Daerah Magelang Regency Year 2013 Number 2). However, there is disharmonization with other laws and regulations that are equal. There are several articles in Regional Regulation No. 2 of 2013 on Livestock Businesses that are not in harmony with other Regional Regulations resulting in disharmonization.The need for harmonious and integrated legislation is an indispensable requirement for the realization of order, ensuring legal certainty and protection. Efforts that can be done to overcome disharmonization of a legislation such as, namely; To revoke certain articles that have disharmony or all articles of legislation in question by the institution / institution authorized to form it, to submit a judicial review request to the judiciary, to ensure that the process of formulating the law shall be conducted in accordance with the principle of legal certainty, harmonization , Rounding, consolidation of the conception of the draft Local Regulation, is an attempt or process to realize harmony, conformity, harmony, suitability and balance among various elements in drafting the draft Law as a unanimity of a whole, compact or solid idea as an integral part of the whole system Hierarchically arranged legislation. Keywords: Disharmonization, Regional Regulation on Livestock Businesses of Magelang, Efforts to prevent disharmony
PENYIDIKAN POLRI DALAM SISTEM PERADILAN PIDANA DI INDONESIA (STUDI PENELITIAN POLRES KENDAL) Tohari, Ahmad Masdar; Hafidz, Jawade
Jurnal Hukum Khaira Ummah Vol 12, No 3 (2017)
Publisher : Jurnal Hukum Khaira Ummah

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Abstract

The Criminal Justice System as a system in criminal law enforcement seeks to address crime issues is interpreted as an attempt to control or limit crime to be within the limits of public tolerance. Issues raised in this study include: 1) what are the obstacles faced by Police investigators in the implementation of the investigation related to the criminal justice system and how to deal with these barriers ?; 2) how is the criminal justice system investigation policy that should be implemented?The approach method used in this research is normative juridical approach method.The results of this research are: 1) obstacles faced by Police investigators in criminal investigation process are: a) lack of witness participation in giving information in process of investigation; b) there are still many investigators whose education level is still low; c) limited number of investigators; d) inadequate income / salary factor of the investigator; e) lack of budget for investigation; f) inadequate facilities and infrastructure to support investigator performance. The way to overcome the obstacles faced by Polri investigators in the implementation of the investigation related to the criminal justice system in the police station is: a) the need to make the law on duty and authority; b) the need for presence or willingness to bear witness to what is seen, experienced, and known; 2) the investigation is regulated in the Draft of Criminal Procedure Code II of Investigator and Investigation and Chapter IV Arrest, Detention, Body Search, House Income, Foreclosure and Letters Inspection. The investigation process of Police as regulated by Draft of Criminal Procedure Code is as follows: a) arrest; b) searches; c) detention; d) eavesdropping. Keywords: Investigation, Investigator, Police, Criminal Justice System
KEBIJAKAN FORMULASI SISTEM PEMIDANAAN TINDAK PIDANA PENJARA MINIMUM KHUSUS DALAM PEMBAHARUAN HUKUM PIDANA DI INDONESIA Haqiqi, Andi Irawan; Hafidz, Jawade
Jurnal Hukum Khaira Ummah Vol 12, No 2 (2017)
Publisher : Jurnal Hukum Khaira Ummah

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Abstract

The formulation of the problem in this research is the formulation policy of the punishment system concerning the special minimum prison crime in the current legal renewal, the obstacles faced in the implementation of the formulation policy of the minimum special prison criminal punishment system in the current legal reform and overcome the obstacles in the implementation of the formulation policy a system of criminal punishment of special imprisonment of special prisons in the upcoming legal renewal. Approach method by writer in this research is normative juridical approach method. Normative juridical legal research is done by analyzing library materials which are secondary data and also called library research law.The result of this research is a special minimum prison formulation policy in the legislation in Indonesia currently spread in various laws and regulations outside the Criminal Code. The formulation of this special minimum prison criminal penalty has a pattern of non-uniform size or weight of punishment between one legislature and another. In relation to the rules and guidelines for the criminal punishment of special minimum prisons are not regulated by the Criminal Code, therefore each law should formulate specific minimum criminal penalty rules and guidelines. In this case it is not only the whole that contains the rules on special minimum criminal, otherwise there is no criminal guidance related to the existence of special minimum prison. The formulation policy of the criminal punishment system on future special imprisonment may be referred to in the Criminal Code concept which contains rules and guidelines on special minimum prison criminal penalties. Concerning with this formulation of the Concept formulates explicitly the existence of special minimum imprisonment in Article 69 paragraph (2). Furthermore, in the comparative study may be used as a reference to strengthen specific minimim prison rules and guidelines, such as the regulation on the Bulgarian Criminal Code which enables the imposition of imprisonment under such special minimum provisions, or to determine a substitute for a criminal offense not specifically threatened, both for imprisonment and fines. Keywords: Formulation Policy, Crime
MENGUKUR KINERJA REFORMASI HUKUM BIROKRASI PENGADAAN BARANG DAN JASA PEMERINTAH Hafidz, Jawade
MASALAH-MASALAH HUKUM Vol 43, No 1 (2014): Masalah-Masalah Hukum
Publisher : MASALAH-MASALAH HUKUM

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Abstract

Law which regulates public procurement of goods and services are becoming increasingly important in developing countries such as Indonesia, especially in monitoring performance and for transparency. Regulation and supervision in public procurement of goods and services is the power of government and the basis for bureaucratic reform in public procurement. Public procurement involving multiple parties require strict control to avoid deviations which can be detrimental to the country. Comprehension and understanding of the scope, activity events, parties involved, performance measures, as well as the application of principles and ethics which is implemented consistently in accordance with the regulations of the procurement of goods/services will accelerate bureaucratic reform efforts in Indonesia.
JURIDICAL ANALYSIS OF THE ALLEGED CRIMINAL OFFENSE TO MANUFACTURE A NOTARY DEED Subiyanto, Subiyanto; Gunarto, Gunarto; Hafidz, Jawade
The 2nd Proceeding “Indonesia Clean of Corruption in 2020" Table Of Content
Publisher : The 2nd Proceeding “Indonesia Clean of Corruption in 2020"

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Occurred facts civil law that is the buying and selling transaction with the object of property rights of the land, it resulting the appearance of absolute ownership transition. The Constitution No. 5 of 1960, the main points of Agrarian Article 20 (2), the property rights can be switch and to be redirected to another part1. That agreement of buy and sellhave been bornin seconds the reached of “agreed” regarding goods and prices2. Because it happened switch over of rights that is the absolute property rights according to the Civil Law its happened a legal relationship. So that buy and sell legitimately according to the Civil Law it can be poured into the authentic deed that made in front of the Notary public that is the deed of “the keel agreement treaty of buying and selling with the authority”. Buying and selling of the land rights be poured into the authentic deeds that made in front of the Notary public on his authority  according to the constitution, and the Notary is not a part, at the instance of the parts to poured into the authentic deed and further more it’s the lifelong responsibility notary and the notary have the principle of formal correctness so it does not have responsibility to the contents of the deed, but then is in dispute against the bad tagged, The deed has been made Notary made basic a legal disputes in volving notary that made, anytime notary can be assign as a suspect/be detained which had no connection with the contents of the deed.