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Bank Indonesia Policy in the National Banking Crisis Resolution Surti Yustianti; Mohammad Roesli
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 11 No. 2 (2018): March
Publisher : Faculty of Law, Merdeka University Surabaya

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This study analyzes the philosophy of banking policies which have implications for the criminal offense. In this regard, Bank Indonesia's decision is in conformity with the authority and office attached to Bank Indonesia officials. Policies made by Bank Indonesia is right or not, is bound by the principle of wise and good etiquette. Bank Indonesia officials have the authority associated with the position. If there are elements that are not good etiquette and undiplomatic in authority that caused state losses then policies can be categorized as a criminal offense banking. The aim of this study was to analyze and find Philosophy as Bank Indonesia Policy In the Bank Restructuring. Type of research is a normative legal research. This study uses the legislative approach, conceptually. Banking policy which resulted in a criminal act can be seen from the administrative aspect, and a criminal in a lawsuit conducted by Bank Indonesia officials. If Bank Indonesia officials make mistakes in order to carry out regulatory policies, the criminal incurred should be charged to the official.

Accountability of Criminal Actors Terrorism Funding Bastianto Nugroho; M. Roesli; Surti Yustianti
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 12 No. 1 (2018): September
Publisher : Faculty of Law, Merdeka University Surabaya

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The word terrorist and terrorism comes from the Latin word terrere which means more or less shaking or vibrating. The word terror can also cause horror. Of course, the horror of the victim's heart and mind. Furthermore, the term terrorism is a concept that has a sensitive connotation because terrorism causes the killing and misery of innocent people. However, until now there is no definition that can be universally accepted. Understanding terrorism for the first time discussed in the European Convention on the Suppression of Terrorism (ECST) in Europe in 1977 there was an expansion of the meaning paradigm from Crimes Against State to Crimes Against Humanity. Crimes Againts Humanity includes criminal acts to create a situation that results in individuals, groups and the general public in an atmosphere of terror. The association of terrorism with the issue of human rights violations, because of the consequences of terrorism, many of the interests of mankind are sacrificed, innocent people are made the cost of savagery and peace of life between human beings is clearly at stake. In this case there is a religious social community that introduces forms of religious implementation as a struggle strategy. The writing of this article is normative by tracing and systematically reviewing the laws and regulations associated with the criminal responsibility of financing terrorism, as well as the opinions of experts from various literature both books, articles and other freelance related to criminal law.

Regulation of Banking Policies That Brings Implication for Criminal Act Surti Yustianti; Daniel Susilo; Mohammad Roesli
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 13 No. 2 (2019): March
Publisher : Faculty of Law, Merdeka University Surabaya

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This research analyzes banking policy regulations that have implications for criminal acts. Decisions made by Bank Indonesia are in accordance with the authority and position pinned to Bank Indonesia officials. Policies made by Bank Indonesia can be appropriate or inappropriate with the principle of prudence and good faith. Bank Indonesia officials have authority related to their position. Bad ethics and inadvertent in making policies can cause state financial losses. As a result, the policy can be categorized as a criminal offense in banking sector. This is normative legal research. This study uses a legislative, conceptual, case and comparative approaches. Banking policies that have an impact on criminal acts can be seen from administrative, civil and criminal aspects related to the mistakes made by Bank Indonesia officials. If a Bank Indonesia official commits an error in implementing policy rules, criminal responsibility must be borne by the official.

Civil Law Review Non-performing Loan Settlement Loans Revolving Funds National Program for Community Empowerment in Urban Ebit Rudianto; Mohammad Roesli
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 14 No. 1 (2019): September
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

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The purpose of this research is to find out the process of implementing revolving fund loans to PNPMMP and how the settlement of problem loans in revolving fund loans under PNPMMP in terms of the credit agreement law and guarantee law. The problem is the process of implementing PNPMMP revolving loan funds, the obstacles encountered in the process of revolving fund lending and the settlement of problem loans in PNPMMP revolving loan loans in terms of the credit agreement law and guarantee law. The method used in the writing of this thesis is a normative juridical research method and is supported by a descriptive empirical juridical research method, which expresses legislation relating to implementation in society which is the object of research. The lending goes through several stages namely the loan application stage, the inspection stage, the decision stage, and the loan realization stage. This revolving fund loan is very large, felt useful in helping the progress of people's economic life but is not always going well and smoothly, delinquent loans become a common obstacle in the process of lending because revolving non-current funds into problem loans due to KSM defaults due to substandard debtor business, one of KSM members do not make loan repayments, the joint responsibility system is not implemented. Settlement of problem loans is resolved through deliberation and through 3 approaches, namely collecting arrears, rescuing non-performing loans (rescheduling, reconditioning and restructuring) and billing through legal channels.

The Development of Indonesia As The Rule of Law Based On 1945 Constitution Before And After Amendments Bambang Panji Gunawan; Surti Yustianti; Mohammad Roesli; Bastianto Nugroho
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 16 No. 2 (2020): September
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

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Prior to amendment of the 1945 Constitution, constitutional basis of Indonesia that Indonesia is a state based on law is contained in the preamble of the 1945 Constitution body. Statement that Indonesia is a country of law is also mentioned in the 1945 Constitution explanation. Article 1 (3) of the 1945 Constitution states that "Indonesia is a state of law". The provisions of the aforementioned article constitute the constitutional basis that Indonesia is a state that implements a constitutional system in accordance with the elements of the legal state; law is placed as the only rule in the life of society, nation and state (supremacy of law). There is different meaning between Indonesia is a state based on law and Indonesia is a state law.Applicability of the 1945 before and after the amendment is followed by different constitutional structure, which will give different meaning as a state based on law.Continental European legal systems recognized rechtsstaat legal state while other parts of the world recognize concept of rule of law state extracted from anglosaxon states. Both laws state models prioritize different aspects. Rechtsstaat concept prioritizes wetmatigheid principles which later becomes rechtmatigheid, meanwhile the rule of law prioritize equality before the law. Due to differences in emphasis in these operations, there arose the different elements between rechtsstaat concept and rule of law concept.

Legal Enforcement Efforts On Traffic Violations Made By Students Under The Age In Surabaya City Ebit Rudianto; Vivin Indrianita; Mohammad Roesli
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 16 No. 4 (2021): March
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

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Law enforcement in the State is carried out in a preventive and repressive manner. Preventive law enforcement is in place to prevent violations of the law by citizens and this task is generally assigned to the executive bodies and the police. Repressive law enforcement at the operational level (its implementation) is supported and through various institutions that are organizationally separate from one another, but remain within the framework of law enforcement, starting from: the Police, the Attorney General's Office, the Courts, to Correctional Institutions. There are many problems related to law violations, ranging from minor to severe. Minor offenses that often occur in traffic problems, such as not wearing a helmet, running a red light, not having a SIM or STNK, not turning on the lights during the day, and hitchhiking are considered cultured among the community and school students. Traffic violations like that are considered to have become a habit for road users, so that every time an orderly operation of traffic is carried out on the highway by the authorities, not a few cases of traffic violations are caught and often because these violations often lead to traffic accidents. cross. Driving a vehicle inadvertently and exceeding the maximum speed seems to be an immature behavior. However, most drivers are aware of the dangers faced when driving a vehicle over this maximum speed. However, in reality, there are not a few drivers who do this, especially school students, so that many traffic violations cause traffic accidents.

The Dynamics of Waqf in Islamic Civilisation: From the Prophet's Time to the Modern Era Sa'adillah, Rangga; Roesli, Mohammad; Robbani, Shofa; Imroatul Azizah; Muhammad Irfanudin Kurniawan
VRISPRAAK : International Journal of Law Vol 7 No 2 (2023): September 2023
Publisher : STAI Miftahul Ula Nganjuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59689/vris.v7i2.1147

Waqf is a concept in Islam that refers to the gift of property that is eternally useful for benevolent purposes. The history of waqf dates back to the time of Prophet Muhammad SAW, where he and his companions practised waqf as a means to fulfil the social and religious needs of the community. Initially, waqf was used to build mosques, madrasas, and provide public facilities such as wells and roads. The development of waqf continued during the Islamic Caliphate, with the establishment of various waqf institutions that supported education, health, and public infrastructure. In the modern era, the concept of waqf underwent a transformation with applications in broader economic and social fields, including the professional management of waqf assets to ensure the sustainability of its benefits. The history of waqf demonstrates its important role in the development of Islamic civilisation and its contribution to the welfare of society as a whole.

The Dynamics of Waqf in Islamic Civilisation: From the Prophet's Time to the Modern Era Sa'adillah, Rangga; Roesli, Mohammad; Robbani, Shofa; Imroatul Azizah; Muhammad Irfanudin Kurniawan
VRISPRAAK : International Journal of Law Vol. 7 No. 2 (2023): September 2023
Publisher : STAI Miftahul Ula Nganjuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59689/vris.v7i2.1147

Waqf is a concept in Islam that refers to the gift of property that is eternally useful for benevolent purposes. The history of waqf dates back to the time of Prophet Muhammad SAW, where he and his companions practised waqf as a means to fulfil the social and religious needs of the community. Initially, waqf was used to build mosques, madrasas, and provide public facilities such as wells and roads. The development of waqf continued during the Islamic Caliphate, with the establishment of various waqf institutions that supported education, health, and public infrastructure. In the modern era, the concept of waqf underwent a transformation with applications in broader economic and social fields, including the professional management of waqf assets to ensure the sustainability of its benefits. The history of waqf demonstrates its important role in the development of Islamic civilisation and its contribution to the welfare of society as a whole.

Efektifitas Penerapan Pasal 303 Bis Kuhp Terhadap Pelaku Perjudian Online (Studi Kasus Putusan Nomor: 2303/Pid.B/2024/Pn.Sby) Alexander, Arvael; Roesli, Mohammad; Wibowo, Supolo Setyo
Journal Evidence Of Law Vol. 4 No. 3 (2025): Journal Evidence Of Law (Desember)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v4i3.1562

ABSTRAK Penelitian ini berfokus pada analisis penerapan Pasal 303 bis KUHP terhadap pelaku perjudian online dalam Putusan Nomor 2303/Pid.B/2024/PN Surabaya serta menelaah dasar pertimbangan hakim dalam memutus perkara tersebut. Metode yang digunakan ialah pendekatan yuridis normatif dengan mengkaji regulasi yang berlaku dan menganalisis studi kasus. Hasil penelitian menegaskan bahwa terdakwa terbukti melakukan praktik perjudian melalui situs web, sehingga dijatuhi pidana bersalah berdasarkan Pasal 303 bis ayat (1) ke-1 Kitab Undang-Undang Hukum Pidana (KUHP) dengan hukuman penjara selama 1 tahun 2 bulan. Dalam pertimbangannya, hakim menilai adanya faktor yang memperberat, yaitu perbuatan terdakwa tidak mendukung pemberantasan judi serta adanya catatan pernah dihukum sebelumnya. Sedangkan faktor yang meringankan meliputi sikap jujur terdakwa dalam mengakui kesalahan dan penyesalannya. Dari temuan ini, dapat disimpulkan bahwa penerapan Pasal 303 bis KUHP tepat digunakan bagi pelaku yang berperan sebagai pemain, bukan sebagai penyelenggara.

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