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Urgency of Regulating Victims’ Economic Rights in Fictitious Credit Cases Based on Misuse of Personal Data Hanif Fonda; Faisal Santiago
Journal of Multidisciplinary Sustainability Asean Vol. 1 No. 6 (2024)
Publisher : Yayasan Adra Karima Hubbi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70177/ijmsa.v1i6.1826

Abstract

Background. The rapid development of information technology has led to an increase in fictitious credit cases involving the misuse of personal data. Victims often experience significant economic losses, including damaged credit reputation and financial hardship. While Indonesia has implemented the Personal Data Protection Law and the Witness and Victim Protection Law, these regulations lack specific provisions for addressing economic losses caused by such crimes. Purpose. This study aims to explore the urgency of regulating victims’ economic rights in fictitious credit cases involving personal data misuse. It also seeks to identify the gaps in existing legal frameworks and propose new measures to address these issues effectively. Method. The study employs a qualitative approach by analyzing existing laws, regulations, and case studies related to personal data misuse in Indonesia. It highlights the inadequacy of current policies and emphasizes the necessity for legal reform. Results. The findings reveal a significant legal vacuum in protecting victims’ economic rights, including compensation, restitution, and credit reputation restoration. The study underscores the need for comprehensive regulations to ensure justice and economic recovery for victims, as well as improved oversight of personal data management and law enforcement. Conclusion. To protect victims’ economic rights, Indonesia must develop specific regulations addressing fictitious credit cases. Enhancing legal frameworks and strengthening enforcement mechanisms are essential to mitigate the impact of personal data misuse in banking transactions.
The Effectiveness Of Criminal Sanctions As An Instrument Of Prevention And Enforcement In The Legal Framework Of Money Laundering Crimes Hanif Fonda; Evita Isretno Israhadi
Pemuliaan Keadilan Vol. 2 No. 3 (2025): July : Pemuliaan Keadilan
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/pk.v2i3.1039

Abstract

Money laundering is a serious crime that has a significant impact on economic and social stability, as well as the integrity of the financial system. This crime is often associated with serious crimes such as corruption, narcotics, and terrorism. Money laundering poses a major threat to national security, conceals the origin of illicit funds, and undermines a healthy economic system. To combat this crime, Indonesia has imposed criminal sanctions based on Law Number 8 of 2010, which aims to provide a deterrent effect on perpetrators and prevent similar crimes from occurring in the future. However, the effectiveness of these criminal sanctions remains a critical challenge, given the various difficulties in their enforcement, such as the complexity of tracking the flow of funds, limited law enforcement resources, and the increasingly sophisticated modus operandi of perpetrators who often work together with international networks. This study seeks to examine the effectiveness of criminal sanctions in combating money laundering and identify obstacles in their implementation. The research method used is juridical-normative research with a legal regulatory framework. Primary data was obtained through literature review and examination of legal documents, while secondary data came from relevant literature, reports, and academic studies. The urgency of this research stems from the importance of evaluating and strengthening the application of criminal sanctions to protect the national financial system from the risk of money laundering. Without concrete steps to increase the effectiveness of sanctions, money laundering crimes will continue to proliferate and pose a threat to the national economy, weaken the legal system, and erode public trust in efforts to combat economic crime.