Portal Jurnal Universitas Islam Sultan Agung (UNISSULA)
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Analysis of Handling of Corruption Cases with Small Losses Based on Restorative Justice (Research Study at the Bone District Attorney's Office)
No full textThe current application of the retributive justice concept is unable to restore state losses therefore the idea arose to apply the concept of restorative justice in criminal acts of corruption, especially corruption that harms state finances with small losses. The purpose of this study is to examine and analyze the handling of corruption cases with small losses based on restorative justice, reviewing and analyzing obstacles and solutions in handling corruption cases with small losses based on restorative justice at the Bone District Attorney's Office. This research is categorized as empirical legal research. Empirical legal research or empirical juridical research is another word that is a type of sociological hulum research and can be mentioned as field research, which examines the applicable legal provisions and those that have occurred in the life of society. Settlement of corruption cases with small losses through a restorative justice approach is considered more humane, efficient, and focused on recovery compared to law enforcement that is purely repressive. This approach emerged because the justice system is often unbalanced, where the cost of handling is greater than the value of state losses. In practice, the perpetrator is required to return the state losses in full and show good faith so that the legal process can be stopped. However, at the Bone District Attorney's Office, its implementation is still hampered by aspects of substance, structure, and legal culture. The unclear regulations in the Corruption Law, weak coordination between institutions, and a legal culture that still demands prison sentences are the main obstacles. Legal reform, prosecutor training, and public education are needed to encourage acceptance of restorative justice. If implemented with transparency and good supervision, this approach can be an effective solution to resolving petty corruption fairly and efficiently
Legal Implications of Concealing the Origin of Assets in Money Laundering Crimes (Case Study: Supreme Court Decision Number 2011 K/Pid.Sus/2021)
No full textOne of the crimes that often occurs in Indonesia is money laundering, the problem that often occurs with of money laundering is that money launderers try to hide or disguise their assets which are the result of criminal acts in various ways so that they are difficult to trace by law enforcement officers. This is further supported by the globalization in the banking sector, causing many banks to become targets for money laundering crimes. a case, namely based on the Supreme Court Decision which has permanent legal force, namely the Supreme Court Decision Number 2011 K/ Pid.Sus/2021 So that based on this case the defendant has carried out a concealment of the origin of his assets in this case there needs to be a legal review in terms of "hiding" the origin of his assets in the implementation of the crime of money laundering related to proof of the act of hiding or disguising the origin of assets. The results of the study show that the regulation of norms on concealment or disguising the origin of assets in money laundering crimes in Indonesian legal provisions has not regulated further in the formulation of how to determine whether someone can be said to have concealed the origin of their assets in committing money laundering crimes, only to the extent of regulating that if someone hides the origin of assets there will be a legal consequence, so it is necessary to make a regulation that can accommodate the vacuum of the legal norm in order to achieve legal certainty, one of which is by using the follow the money approach to try to find money/property/other assets that can be used as evidence of the object of the crime.
Reviewed Border Dispute Settlement Through The Implementation of Border Crossing Agreement Between Indonesia-America
Get PDFAbstract. The purpose of this study is to determine and analyze the implications of the misdemeanor criminal case process with the conditions of Indonesian criminal justice. In this writing, the author uses a normative juridical method with a research specification in the form of descriptive analysis. The Criminal Justice System in Indonesia currently, when handling criminal acts, mostly ends in prison which is carried out in correctional institutions. Prison is not an appropriate sanction to handle criminal acts, especially in handling minor crimes such as minor theft resulting from criminal acts that can still be restored, so that the situation can be returned to its original state. Handling minor crimes carried out with a retributive paradigm, with repressive actions against perpetrators of minor crimes, causes the number of prisoners in prisons. This can cause the ineffectiveness of the coaching and correctional functions in prisons, the suboptimal function of supervision in prisons and the occurrence of many violations of prisoners' rights in prisons. According to Romli Atmasasmitha, with the overcapacity in prisons, the institution cannot carry out the function of deterrence on prisoners because there are still many cases of recidivism in Indonesia
The Role of Supervising Judges in PKPU and Bankruptcy Cases
No full textBankruptcy is a certain legal condition, in which case the condition must be determined first by the commercial court against a debtor who has debts to at least 2 (two) creditors and for the debt the debtor is unable to pay his debts that have matured and can be collected. Bankruptcy is a commercial way out, this is chosen to get out of the debt problem that is crushing a debtor, where the debtor no longer has the ability to pay the debts to his creditors. The author formulated 2 (two) things, namely: 1) KThe position and authority of the Supervisory Judge in the PKPU and Bankruptcy process according to Law Number 37 of 2004; 2) The form of accountability of the Supervisory Judge in supervising the verification process and settlement of creditors' receivables in PKPU and Bankruptcy cases. The approach method used is Normative Jurisprudence. The writing specification uses descriptive analysis, the sources and types of data used are primary and secondary data. The data collection method is with document study or literature study, and uses qualitative data analysis methods. The problems are analyzed with the theory of responsibility, the theory of authority, and the theory of legal effectiveness. Based on the research results, it was found that the Supervisory Judge has the authority to supervise the implementation of PKPU, assess the peace proposal, resolve disputes, and supervise the debtor's finances.Bankruptcy is a certain legal condition, in which case the condition must be determined first by the commercial court against a debtor who has debts to at least 2 (two) creditors and for the debt the debtor is unable to pay his debts that have matured and can be collected. Bankruptcy is a commercial way out, this is chosen to get out of the debt problem that is crushing a debtor, where the debtor no longer has the ability to pay the debts to his creditors.The author formulated 2 (two) things, namely: 1) KThe position and authority of the Supervisory Judge in the PKPU and Bankruptcy process according to Law Number 37 of 2004; 2) The form of accountability of the Supervisory Judge in supervising the verification process and settlement of creditors' receivables in PKPU and Bankruptcy cases. The approach method used is Normative Jurisprudence. The writing specification uses descriptive analysis, the sources and types of data used are primary and secondary data. The data collection method is with document study or literature study, and uses qualitative data analysis methods. The problems are analyzed with the theory of responsibility, the theory of authority, and the theory of legal effectiveness. Based on the research results, it was found that the Supervisory Judge has the authority to supervise the implementation of PKPU, assess the peace proposal, resolve disputes, and supervise the debtor's finances
Investigation of Domestic Violence Crimes in the Cirebon Police Jurisdiction
No full textDomestic violence is an act that can damage the psyche of each victim and can even result in death for the victim. Until now, domestic violence has continued to grow, legal enforcement efforts by law enforcement often experience difficulties, this is due to a culture that views domestic violence as a common household problem and a disgrace that should not be known by parties other than family members, this makes victims of domestic violence reluctant to report the domestic violence they experience to law enforcement. This thesis research aims to describe the investigation process of domestic violence crimes at the Cirebon Police. To analyze the effectiveness of the implementation of investigations into domestic violence crimes at the Cirebon Police. To analyze the obstacles faced in the process of investigating domestic violence crimes in order to find solutions related to the difficulty of taking action against domestic violence cases. The research approach method used is the sociological legal approach method. Based on the research results, it can be seen that the data collected by the Cirebon Police show that domestic violence cases in 2024 have increased. The tendency for domestic violence cases to increase each year indicates that the implementation of domestic violence investigations that have been carried out so far has not been effective. Obstacles in the implementation of the investigation process are based on several factors that influence law enforcement, namely legal factors, law enforcement factors, infrastructure factors, community factors, and cultural factors. The five factors above are interrelated and are the essence of law enforcement. In addition, it is also a benchmark for the effectiveness of law enforcement
Application of Criminal Law to Corporations in Money Laundering Cases
Get PDFAbstract. The increasing phenomenon of money laundering cases involving corporations is a challenge for the law enforcement system in Indonesia. Corporations are often used as a tool to disguise the proceeds of criminal acts, especially those originating from corruption crimes. To overcome this, it is necessary to apply effective criminal law to corporations as legal subjects that can be punished. This study aims to analyze the application of criminal law to corporations in money laundering cases, including the accountability mechanism based on regulations in force in Indonesia. This study uses a normative juridical method with descriptive-analytical specifications. The data sources used are secondary data that are analyzed qualitatively with reference to the Theory of Law Enforcement and the Theory of Legal Certainty. The results of the study show that Law No. 8 of 2010 concerning the Prevention and Eradication of Money Laundering Crimes has expanded the legal subjects that can be held criminally accountable, including corporations. Based on the Theory of Law Enforcement, the effectiveness of taking action against corporations is highly dependent on the commitment of law enforcement officers in implementing existing regulations. Meanwhile, the Theory of Legal Certainty emphasizes that the existence of Supreme Court Regulation (Perma) No. 13 of 2016 has clarified the mechanism of criminal liability for corporations, thus creating justice and legal certainty in judicial practice. With strong regulations and consistent implementation, it is hoped that law enforcement against corporations in money laundering crimes can provide a deterrent effect and prevent similar criminal practices in the future.Keywords: Corporations; Criminal; Enforcement; Money Laundering
The Role of Notaries In Carrying Out The Functions of Legal Consultants and General Officers In The Gms Process As Part Of Corporate Governance In Limited Liability Companies (Empirical Study In Pinrang Regency)
Get PDFAbstract. This research aims to analyze the role of notaries in performing their duties and functions related to the implementation of Good Corporate Governance (GCG) principles in Limited Liability Companies (PT), especially when notaries also serve as legal consultants. The study was conducted in Pinrang Regency, South Sulawesi, using an empirical juridical approach. Data were collected through interviews with notaries, document analysis, and direct observation. The results show that notaries not only prepare the deeds of incorporation but also provide legal consultation to founders regarding organizational structure and GCG principles. However, challenges remain in terms of entrepreneurs' understanding of governance and limited supervision of GCG implementation at the local level. This research contributes to strengthening the role of notaries as the front line in ensuring legal certainty and professional governance in the establishment and management of business entities.Keywords: Good Corporate Governance; Legal Consultant; Limited Liability Company; Notary
Legal Analysis of Notary's Obligations in Reporting Suspicious Financial Transactions Based on the Principle of Recognizing Service Users in the Establishment of a Limited Liability Company
Get PDFNotaries in their profession have obligations that must be obeyed. These notary obligations are stated in Article 16 of the UUJN. One of the notary's obligations is to keep confidential everything regarding the Deed they have made and all information obtained for the purpose of making the Deed. Based on PP No. 43 of 2015 concerning the Reporting Party in the Prevention and Eradication of Money Laundering Crimes, it adds to the obligations of Notaries as reporting parties. This Government Regulation requires notaries to report to the PPATK (Financial Transaction Reports and Analysis Center), regarding suspected money laundering crimes on deeds made by or before a notary as a public official. Notaries as reporting parties are required to implement the Principle of Recognizing Service Users (PMPJ). The method used by the researcher is normative juridical with a statutory approach. The specifications of this study are prescriptive. The type of data used is secondary data sourced from materials obtained from literature studies. Based on the results of the study that 1) Legal implications for the Obligations of notaries as reporting parties who report suspicious financial transactions are regulated in PP Number 43 of 2015, which is a derivative regulation of Law Number 8 of 2010 concerning the Eradication and Prevention of Money Laundering Crimes, adding notary obligations outside the obligations that have been regulated in the Notary Law. This is contrary to the law and triggers a dilemma in terms of its implementation and does not provide legal certainty. 2) Legal protection for notaries as reporting parties who report suspicious financial transactions based on the principle of recognizing service users for the establishment of a limited liability company aims to protect notaries as well as prevent the problem of money laundering crimes, especially those related to the preparation of the deed of establishment of a Limited Liability Company. Violation of these obligations can result in administrative sanctions based on the provisions of the Notary Law and the Eradication and Prevention of Money Laundering Law and its derivative regulations
Responsibilities and Legal Protection of Notaries as Public Officials in Issuing Covernotes Reviewed from the Perspective of Guarantee Law
Get PDFCovernote is a unilateral statement from a Notary that has no binding force, as an ordinary statement, a covernote is not classified as a notarial deed. Covernotes made by Notaries in practice give rise to several legal issues. In connection with this,The author conducted the research with the aim of finding out and analyzing it legally. conducting legal research regarding the responsibilities and protection of Notaries as public officials in issuing covernotes. To find out the above objectives, the method used is a juridical-empirical method that combines legal analysis and field data. A sociological juridical approach is applied to understand the relationship between law and social conditions, as well as the challenges faced by Notaries. Primary data is obtained from interviews with Notaries, while secondary data is taken from legal sources and related literature. Qualitative analysis is used to describe the phenomenon and understand the responsibilities of Notariesand protection of Notaries as public officials in issuing covernotes. Covernotes are not classified as authentic deeds and if the issuance of a covernote causes a loss, the Notary can be held legally responsible, both criminally and civilly. Legal protection for Notaries includes preventive aspects, such as the obligations regulated in Article 16 paragraph (1) of the Notary Law, as well as repressive aspects in the form of sanctions if a violation occurs. To clarify the Notary's responsibility in issuing a covernote, special regulations are needed in the Notary Law. In addition, Notaries are advised to be careful in issuing a covernote by ensuring that the information is in accordance with the facts
Legal Protection of Consortium Agreement Deeds by Notaries in Infrastructure Projects in Indonesia
Get PDFAbstract. Indonesia, as a developing country with increasing economic growth, requires adequate infrastructure development to support progress in various sectors, such as transportation, energy, telecommunications, and others. Various infrastructure development efforts are funded and implemented by various projects involving consortia. However, in practice, the implementation of infrastructure projects involving consortia often encounters obstacles in the matter of legal protection of the consortium agreement itself. Therefore, this study aims to identify the form of legal protection of the consortium agreement deed by a notary in infrastructure projects in Indonesia. The research method used is a qualitative approach with a descriptive analytical research type, which aims to obtain data in depth and analyze it comprehensively. Data were obtained through literature studies and interviews with related parties, including notaries, business actors, and legal experts. The results of the study indicate that the deed of consortium agreement prepared by a notary has binding legal force, but there are several challenges related to the lack of supervision of notary practices and the ambiguity in several clauses of the agreement that can cause disputes.Keywords: Agreement; Consortium; Legal; Protection