Articles
<![CDATA[THE OBLIGATION OF NOTARY TO REPORT SUSPICIOUS FINANCIAL TRANSACTIONS BASED ON THE VALUE OF THE TRANSACTION ]]>
<![CDATA[Fadila, Ilham Zain]]>;
<![CDATA[Sugiri, Bambang]]>;
<![CDATA[Wisnuwardhani, Diah Aju]]>
<![CDATA[ Jurisdictie: Jurnal Hukum dan Syariah Vol 11, No 2 (2020): Jurisdictie ]]>
Publisher : <![CDATA[Fakultas Syariah ]]>
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DOI: 10.18860/j.v11i2.10099
<![CDATA[Government makes various efforts to prevent the crime of money laundering. One of them is to encourage some parties to participate in supervising the suspicious financial transaction. In its practice, this triggers juridical problem such as verification and monitoring policies of financial transaction on the service users by the notaries. This research aims to describe the notary’s criteria and legal responsibilities on the suspicious transaction. This article is based on the doctrinal legal research with statute and conceptual approaches. The research result shows that the criteria of suspicious financial transaction have been set in Indonesian legislation. The notary has legal responsibility to identify and verify the service users of authentic deed issue in implementing precautionary principles. This responsibility is accompanied by administrative sanction which is in line with the Regulation of the Minister of Law and Human Rights No. 9 of 2017, concerning the Implementation of Knowing Your Customer Principles for the Notary.Pemerintah melakukan berbagai upaya mencegah terjadinya tindak pidana pencucian uang. Salah satunya, mendorong berbagai pihak untuk turut serta mengawasi terjadinya traksaksi keuangan yang mencurigakan. Dalam pelaksanaannya, upaya ini menimbulkan problem yuridis. Seperti kebijakan verifikasi dan pemantauan transaksi keuangan pengguna jasa oleh notaris. Penelitian ini bertujuan untuk mendeskripsikan kriteria dan tanggung jawab hukum notaris terhadap terjadinya transaksi keuangan mencurigakan. Artikel ini berdasarkan penelitian hukum doktrinal, dengan pendekatan perundang-undangan dan pendekatan konseptual. Hasil penelitian menunjukkan bahwa kriteria transaksi keuangan menurigakan sudah diatur dalam peraturan perundang-undangan di Indonesia. Notaris memiliki tanggung jawab hukum untuk mengidentifikasi dan memverifikasi pengguna jasa pembuatan akta autentik dalam rangka penerapan prinsip kehati-hatian. Tanggung jawab ini disertai sanksi administrasi sesuai Peraturan Menteri Hukum dan Hak Asasi Manusia Nomor 9 tahun 2017 tentang Penerapan Prinsip Mengenali Pengguna Jasa Bagi Notaris.]]>
<![CDATA[ANALISIS YURIDIS KEDUDUKAN NARAPIDANA SEBAGAI JUSTICE COLLABORATOR ]]>
<![CDATA[Sugiri, Bambang]]>;
<![CDATA[Aprilianda, Nurini]]>;
<![CDATA[Hartadi, Hanif]]>
<![CDATA[ Jurnal Hukum & Pembangunan ]]>
Publisher : <![CDATA[UI Scholars Hub ]]>
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<![CDATA[This article aims to examine the inmates position as a justice collaborator in the disclosure of organized crime that can assist law enforcement officers. This is againstthe backdrop of crown witnesses who are often used in proving criminal cases but are judged to be in violation of human rights. The difficulty of disclosure of organized crime is that the perpetrators involved in organized crime are bound by the oath of silence (omerta). Information from inmates related to crime networks he has committed, facilitates the disclosure of organized crime by law enforcement officers. This paper is based on the results of legal research with a statutory approach, conceptual approachand comparative approach. The results showed that inmates as justice collaborators have a role that can be utilized by law enforcement officials in uncovering organized crime as well as as a form of correcting the wrongdoing of the inmates themselvesas in the purpose of funding, so that inmates can be accepted back into society.]]>
<![CDATA[Telaah Kritis Pengaturan Pornografi di Indonesia dalam Perspektif Teori Kesetaraan Gender ]]>
<![CDATA[Zham-Zham, Lelly Muridi]]>;
<![CDATA[Sugiri, Bambang]]>;
<![CDATA[Sulistyarini, Rachmi]]>
<![CDATA[ Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan Vol 7, No 1 (2022): Maret 2022 ]]>
Publisher : <![CDATA[Universitas Negeri Malang ]]>
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DOI: 10.17977/um019v7i1p49-56
<![CDATA[This study aimed to critically examine the regulation of pornography in Indonesia and review the regulation of pornography based on the theory of gender equality to be used as a basis for constructing laws in the future. This study used a conceptual approach and a statutory approach, with the type of normative legal research. The study results showed that the regulation related to pornography was regulated in Articles 282 to 283 of the Criminal Code regarding moral crimes, Article 4 of Law Number 44 of 2008 concerning Pornography, and Article 27 paragraph (1) of Law Number 19 of 2016 concerning Information and Electronic Transactions. Based on gender equality theory, the regulation of pornography was still vulnerable to harm women. The regulation of pornography in the future should contain rules with clear boundaries, tougher sanctions, and prioritizing the principle of gender equality.This study aimed to critically examine the regulation of pornography in Indonesia and review the regulation of pornography based on the theory of gender equality to be used as a basis for constructing laws in the future. This study used a conceptual approach and a statutory approach, with the type of normative legal research. The study results showed that the regulation related to pornography was regulated in Articles 282 to 283 of the Criminal Code regarding moral crimes, Article 4 of Law Number 44 of 2008 concerning Pornography, and Article 27 paragraph (1) of Law Number 19 of 2016 concerning Information and Electronic Transactions. Based on gender equality theory, the regulation of pornography was still vulnerable to harm women. The regulation of pornography in the future should contain rules with clear boundaries, tougher sanctions, and prioritizing the principle of gender equality.]]>
<![CDATA[Perlindungаn Hukum bаgi Debitur Penerimа Kredit Usаhа Rаkyаt yаng Wаnprestаsi Kаrenа Overmаcht pаdа Perjаnjiаn Kredit Bаnk ]]>
<![CDATA[Nova, Maria]]>;
<![CDATA[Suhariningsih, Suhariningsih]]>;
<![CDATA[Sugiri, Bambang]]>
<![CDATA[ Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan Vol 5, No 1 (2020): Juni 2020 ]]>
Publisher : <![CDATA[Universitas Negeri Malang ]]>
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DOI: 10.17977/um019v5i1p104-109
<![CDATA[The purpose of this study was to examine the forms of special treatment for debtors who were receiving business loans as victims of natural disasters that occurred in Palu City, Central Sulawesi Province, and legal protection for debtors who were receiving business loans. This study used empirical legal methods. The results of the study indicated that the form of special treatment for debtors receiving business loans as victims of natural disasters referred to the Financial Services Authority Regulation Number 45/POJK.03/2017 concerning Special Treatment of Credit or Bank Financing for Certain Areas in Indonesia Affected by Natural Disasters. Legal protection provided if the credit restructuring provided in the form of a delay in payment of obligations (grace period) had not been optimal could be in the form of an extension of credit restructuring, new treaty addendum, or write off.]]>
<![CDATA[Residivistis sebagai Syarat Pengecualian Diversi dalam Sistem Peradilan Pidana Anak di Indonesia ]]>
<![CDATA[Aziz, Siti Nur Afifah]]>;
<![CDATA[Sugiri, Bambang]]>;
<![CDATA[Endrawati, Lucky]]>
<![CDATA[ Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan Vol 7, No 2 (2022): Juli 2022 ]]>
Publisher : <![CDATA[Universitas Negeri Malang ]]>
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DOI: 10.17977/um019v7i2p293-302
<![CDATA[The purpose of this study was to analyze the Banyumas District Court Decision Number 05/Pid.Sus-Anak/2015/PN-Bms and analyze the recidivism concept in Indonesia's juvenile criminal justice system. This study uses a normative doctrinal method with legal, case, and conceptual approaches. The decision of the Banyumas District Court Number 05/Pid.Sus-Anak/2015/PN-Bms contained a case of abuse by a child who had previously been punished with three months in prison by the Purbalingga Court for committing the crime of theft. The concept of recidivism in the juvenile criminal justice system in Indonesia was based on Article 7 paragraph (2) letter b of Law Number 11 of 2012, which explained that children who commit recidivists could not be diverted.]]>
<![CDATA[Peradilan In Absentia bagi Pelanggar Lalu Lintas yang Berkeadilan ]]>
<![CDATA[Dunggio, Haklainul]]>;
<![CDATA[Sugiri, Bambang]]>;
<![CDATA[Syafa'at, Rachmad]]>
<![CDATA[ Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan Vol 4, No 2 (2019): Desember 2019 ]]>
Publisher : <![CDATA[Universitas Negeri Malang ]]>
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DOI: 10.17977/um019v4i2p259-268
<![CDATA[This study discusses in absentia trial system for traffic violations in Indonesia, proofing in traffic violations, and whether or not there is a need to prove errors in traffic violations. This study uses a normative juridical method with a legislative approach. The regulation of in absentia trial system has three requirements. First, absolute in absentia trial system. Second, the judge examines, adjudicates, and decides cases without the presence of the offender. Third, the offender is not called to attend the trials. Proofing of traffic violations has resulted from a valid evidence coupled with the judge's conviction. The faults of offenders in traffic violations must still be proven, not enough just by action.]]>
<![CDATA[Criminalizing Civil Law Actions of Default into Criminal Acts of Fraud: A Human Rights Perspective ]]>
<![CDATA[Yonatan]]>;
<![CDATA[Wijayanta, Tata]]>;
<![CDATA[Sugiri, Bambang]]>;
<![CDATA[Sukarmi]]>;
<![CDATA[Sulistio, Faizin]]>
<![CDATA[ Yuridika Vol. 39 No. 3 (2024): Volume 39 No 3 September 2024 ]]>
Publisher : <![CDATA[Universitas Airlangga ]]>
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DOI: 10.20473/ydk.v39i3.51329
<![CDATA[The terms "Default" and "Fraud" and/or “Embezzlement” are often interchanged without clarity of meaning in many discussion forums, both oral and written. This confusion can be seen from the many court decisions that acquit defendants from prosecution which have permanent legal force. The public often hears that law enforcers carry out criminalization, such as witnesses becoming suspects, suspects becoming defendants and so on by shifting the civil legal action of Default to criminal act of Fraud and/or Embezzlement. Using 'criminalization' and 'criminalized' in this article is considered inappropriate, so it has been replaced by 'criminalizing' and 'criminalized'. If there is an action to shift the civil legal act of Default into a criminal act of Fraud and/ or Embezzlement, so from a human rights perspective, it is against the law. By using normative legal research methods, this paper examines how to differentiate civil legal acts of Default from criminal acts of Fraud and/or Embezzlement, how to apply civil compensation in cases where there are already criminal legal remedies, and what is the legal and human rights perspective when criminalization occurs. This paper uses a statutory approach and a case approach. The results show: First, there is a real difference between civil legal acts of Default and criminal acts of Fraud and/ or Embezzlement; Second, the application of compensation can be carried out through criminal and civil procedural law mechanisms; Finally, criminalizing civil legal acts into criminal acts is a form of violation of human rights.]]>
<![CDATA[Cybersquatting Actions on Domain Name Trademark Rights as the Internet Web ]]>
<![CDATA[Maulidi, Thoriq Jinan]]>;
<![CDATA[Sugiri, Bambang]]>;
<![CDATA[Ruslijanto, Patricia Audrey]]>
<![CDATA[ Tazir Vol 8 No 2 (2024): Ta'zir: Jurnal Hukum Pidana ]]>
Publisher : <![CDATA[Universitas Islam Negeri Raden Fatah Palembang ]]>
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DOI: 10.19109/tazir.v8i2.25573
<![CDATA[In this ever-evolving digital era, domain names have become a valuable asset for organizations, trademarks and individuals. A domain name is not only an online address, but also an identity that reflects a brand image and facilitates communication and interaction in the internet world. However, the practice of cybersquatting has become a serious threat to trademark owners and the stability of the internet ecosystem. Currently domain names are regulated in articles 23 and 24 of the ITE Law, but these articles do not explain dispute resolution. Then it is also regulated in the MIG Law. This study uses the dogmatic research method and also uses the case approach method, laws and also a comparison of legal systems. The results of this study are that the holder of the rights to the first registering domain name trademark must have a legal protection regulated in Law Number 20 of 2016 concerning Marks and Geographical Indications. Domain name violations related to brands are the duty of PANDI (Indonesian Domain Name Manager). Furthermore, regarding the dispute that occurred above. The parties can resolve it through 2 channels, namely through litigation and also through non-litigation. Where if the parties choose the non-litigation route, it can be done through PPDN (Domain Name Dispute Settlement) formed by PANDI and can also go through arbitration which according to both parties can resolve this dispute properly]]>
<![CDATA[The Implementation of Restorative Justice to Mistreatment Crime In the North Gorontalo District Attorney's ]]>
<![CDATA[Widyaningsih, Aryana Sekar]]>;
<![CDATA[Istiqomah, Milda]]>;
<![CDATA[Sugiri, Bambang]]>
<![CDATA[ Jurnal Ius Constituendum Vol. 10 No. 1 (2025): FEBRUARY ]]>
Publisher : <![CDATA[Magister Hukum Universitas Semarang ]]>
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DOI: 10.26623/11345
<![CDATA[The purpose of this research is to explain how the implementation and the obstacles to the implementation of Restorative Justice to mistreatment crime in North Gorontalo State Attorney. This research became interesting because the District Attorney's Office handled only 3-4 cases with the restorative justice mechanism caused by the social aspect. The urgency of this research is the potential of restorative justice to reduce the overcapacity of correctional institutions and reduce the rate of recidivism, which is a crucial problem in Indonesia. The research method used in this research is empirical juridical, where the author directly conducts interviews and observations. This research is unique because it deeply explores the perceptions of the parties involved in the implementation of restorative justice, an area that is still rarely researched. Based on the research obtained the results first, the application has been carried out by the guidelines. Second, the obstacles found were not achieving the element of peace and agreement, which was influenced by the views of the parties. The obstacles found were the possibility of overcapacity in correctional institutions and the development of criminal acts while in correctional institutions. So it can be concluded that the application of restorative justice implementation needs the awareness of the parties and its application, so the impact can help reduce overcapacity and recidivism in the future.]]>
<![CDATA[A Proportional Sentencing Norms for Accomplices in Indonesian Corruption Cases: Norma Hukuman yang Proporsional untuk Pelaku Pendamping dalam Kasus Korupsi di Indonesia ]]>
<![CDATA[Ansori, Ansori]]>;
<![CDATA[Sugiri, Bambang]]>;
<![CDATA[Aprilianda, Nurini]]>;
<![CDATA[Noerdajasakti, Setiawan]]>
<![CDATA[ Rechtsidee Vol. 13 No. 1 (2025): June ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sidoarjo ]]>
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DOI: 10.21070/jihr.v13i1.1046
<![CDATA[General Background: Corruption is an extraordinary crime requiring effective legal measures. Specific Background: In Indonesia, accomplices in corruption crimes receive the same punishment as principal offenders, raising concerns about fairness. Knowledge Gap: Current laws do not differentiate culpability levels, leading to potential injustices. Aims: This study examines the proportionality of sentencing norms for accomplices in corruption cases. Results: Findings show that equal sentencing contradicts proportional justice and creates legal inconsistencies. Novelty: The study highlights conflicts between the Anti-Corruption Law and the Criminal Code, advocating for reform. Implications: Policy adjustments are needed to align sentencing with justice principles, ensuring fairness in anti-corruption enforcement. Highlights: Unequal Punishment: Accomplices receive the same sentence as principal offenders, raising fairness concerns. Legal Inconsistency: The Anti-Corruption Law conflicts with the Indonesian Criminal Code on culpability. Policy Reform Needed: Sentencing should align with proportional justice to ensure fairness in law enforcement. Keywords: Proportionality, Accomplices, Offence]]>
