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p-Index From 2021 - 2026
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All Journal The Digest: Journal of Jurisprudence and legisprudence Law Research Review Quarterly
Winarsih
Universitas Negeri Semarang
Education Law, Crime, Criminology & Criminal Justice

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The Practice of Lending Names (Nominees) in the Perspective of Law Number 8 of 2010 concerning the Prevention and Eradication of Money Laundering Crimes Sellyne Anggraeni; Winarsih
Law Research Review Quarterly Vol. 12 No. 5 (2026): Special Edition Part 1
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lrrq.v12i5.47394

Abstract

The practice of lending names (nominees) is often found in corporate ownership structures and financial transactions in Indonesia. Although it is not specifically regulated as a separate offense under Law Number 8 of 2010 concerning the Prevention and Eradication of Money Laundering Crimes (TPPU Law), this practice is frequently used to conceal the origin of assets and obscure the identity of the beneficial owner. This research aims to analyze the legal position of nominee practices within the framework of the TPPU Law and to determine the criteria under which a nominee may be held criminally liable. Using normative legal research with statutory and conceptual approaches, this study examines the TPPU Law, the National Criminal Code (Law No. 1 of 2023), criminal law doctrines, FATF Guidelines 2023, and relevant court decisions. The findings show that the TPPU Law does not criminalize nominee status alone, but rather emphasizes the perpetrator’s conduct and mental element. Referring to Articles 3, 4, and 5 of the TPPU Law, now reflected in Article 607 paragraph (1) of the National Criminal Code, a nominee may be prosecuted if two main criteria are fulfilled: first, committing a concrete act included in the offense formulation (actus reus); second, knowing or reasonably suspecting that the managed assets originate from criminal activity (mens rea). Economic benefits received by the nominee can also strengthen indications of intent or negligence. Therefore, law enforcement must clearly distinguish between low-risk nominees who act without knowledge and high-risk nominees who knowingly participate in money laundering schemes.
Supreme Court Decision Number 34P/HUM/2022 and Efforts to Strengthen the Prevention and Handling of Sexual Violence in Higher Education Institutions Susi Dian Rahayu; Arifudin; Winarsih
The Digest: Journal of Jurisprudence and Legisprudence Vol. 7 No. 1 (2026): The Digest, June 2026
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/digest.v7i1.49535

Abstract

In response to the increasing prevalence of sexual violence cases in higher education institutions, the Ministry of Education, Culture, Research, and Higher Education issued Ministerial Regulation No. 30 of 2021 on the Prevention and Handling of Sexual Violence in Higher Education Institutions. However, the regulation has sparked debate among the public, particularly regarding Article 5 (paragraph 2), which contains the phrase “without consent” a phrase deemed open to multiple interpretations, legalizing adultery, and contradicting societal norms and religious values. This controversy subsequently became the subject of a petition for judicial review at the Supreme Court in Case No. 34 P/HUM/2022, by the Minangkabau Traditional Council (LKAAM) of West Sumatra. However, in its ruling through Supreme Court Decision No. 34 P/HUM/2022, the Supreme Court dismissed the petition. This study examines about Supreme Court Decision Number 34/P/HUM/2022 and efforts to strengthen legal protection for the prevention and handling of sexual violence in higher education institutions. The theory used in this study is the Theory of Legal Protection by Philipus Hadjon. The research findings that, in relation to the prevention and handling of sexual violence in higher education institutions, the presence of Ministry of Education, Culture, Research, and Technology Regulation Number 30 of 2021, reinforced by Supreme Court Decision Number 34 P/HUM/2022, provides both preventive and repressive legal protection.
Co-Authors Arifudin Sellyne Anggraeni Susi Dian Rahayu