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All Journal AT-TAFAHUM: Journal of Islamic Law
Sri Rizki Wardani
EHMRI Institute
Arts Humanities

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Application of the Money Laundering Law to Corruption Crimes Sri Rizki Wardani; Galih Pratama Siregar
AT-TAFAHUM: Journal of Law Vol 6, No 1 (2022)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v6i1.29138

Abstract

This study examines the application of the Anti-Money Laundering Law (AML) in handling corruption in Indonesia. Corruption not only results in state financial losses but is also often accompanied by perpetrators' attempts to conceal the proceeds of crime through money laundering mechanisms. Therefore, the AML Law plays a strategic role as a legal instrument in tracing, freezing, and confiscating assets resulting from criminal acts. This study uses a normative juridical method with a statutory approach and case analysis. The results show that the application of the AML Law can broaden the scope of law enforcement, not only against the main perpetrators but also parties involved in the flow of illegal funds. In addition, the reverse burden of proof mechanism makes it easier for law enforcement officials to identify irregularities in the perpetrators' assets. However, its implementation still faces various obstacles, such as weak coordination between institutions and the complexity of tracking financial transactions. Therefore, optimizing the application of the AML Law is necessary to increase the effectiveness of corruption eradication and support the recovery of state losses.
Jarimah Al-Riddah from the Perspective of Islamic Law and its Relevance in the Legal System in Indonesia Sri Rizki Wardani; Humaira Hananni Harahap
AT-TAFAHUM: Journal of Law Vol 6, No 1 (2022)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v6i1.29103

Abstract

This study aims to analyze the concept of jarimah al-riddah from the perspective of Islamic criminal law and examine its relevance in the Indonesian legal system. Jarimah al-riddah is understood as an act of leaving the Islamic religion which in classical Islamic criminal law is categorized as a criminal act with certain sanction consequences. This study uses a normative legal research method with a statutory and conceptual approach, through a study of Islamic legal sources and applicable laws and regulations in Indonesia. The results of the study indicate that there are differences of opinion among scholars regarding the application of sanctions against perpetrators of riddah, especially in the context of modern society. On the other hand, the Indonesian legal system does not explicitly regulate jarimah al-riddah as a criminal offense, but rather emphasizes the protection of religious freedom as guaranteed in the constitution. Therefore, the application of the concept of jarimah al-riddah in the Indonesian context requires a contextual approach that takes into account human rights values and the principle of legal pluralism.
Co-Authors Galih Pratama Siregar Humaira Hananni Harahap