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All Journal LAW REFORM Jurisprudentie JURNAL PEMBANGUNAN HUKUM INDONESIA TATOHI: Jurnal Ilmu Hukum PAMALI: Pattimura Magister Law Review AIWADTHU: Jurnal Pengabdian Hukum SANISA: Jurnal Kreativitas Mahasiswa Hukum PATTIMURA Law Study Review SASI Matakao Corruption Law Review
Sopacua, Margie Gladies
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Law, Crime, Criminology & Criminal Justice

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Pertanggungjawaban Pidana Terhadap Pelaku Tindak Pidana Pencucian Uang Pasif Talaohu, Abdussalam Ramdani; Sopacua, Margie Gladies; Leasa, Elias Zadrach
MATAKAO Corruption Law Review Vol 1 No 1 (2023): Mei 2023 MATAKAO Corruption Law Review
Publisher : Pusat Kajian Korupsi Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/matakao.v1i1.9041

Abstract

Introduction: Article 5 paragraph (1) of Law Number 8 of 2010 concerning the Prevention and Eradication of the Crime of Money Laundering. In this article, the maximum penalty is 5 years and a maximum fine of Rp. 1,000,000,000 (one billion rupiah). However, in the case of Faradibah Jusuf and his colleagues, one of the defendants on behalf of Soraya Pelu committed the crime of passive money laundering but was sentenced to 15 years in prison and a fine of five hundred million rupiah. This criminal provision exceeds the maximum criminal provisions in Article 5 paragraph (1). In addition, in this case there are 2 other suspected perpetrators, namely the initials DN and AMT, the closest people to the perpetrator Faradiba Yusuf, who is suspected of committing a passive money laundering crime, not being prosecuted and sentenced according to Article 5 paragraph (1) of Law Number 8 of 2010 concerning Prevention and Eradication of the Crime of Money Laundering. Purposes of the Research: This study aims to examine: Criminal liability against perpetrators of passive money laundering and the system of evidence for passive money laundering. Methods of the Research: The type of research used is normative, which is focused on providing explanations that explain a particular category. Approach the problem of the statute approach (statute approach) and the conceptual approach (conceptual approach). The collection of legal materials through primary legal materials is then free from secondary legal materials. The processing and analysis of legal materials is described in a qualitative way with the aim of describing the findings in the field. Results of the Research: Criminal responsibility for the crime of money laundering can be imposed on criminals who receive funds or assets from the criminal subject to which criminal liability is required. There is a dissenting opinion from Judge Member 1 on Decision Number 5/Pid.Sud-TPK/2020/PN Amb, which basically explains that Judge Member 1 differs in opinion because according to Judge Member 1, the punishment for each of them must refer to the guidelines that have been set, issued by the Supreme Court of the Republic of Indonesia as contained in Supreme Court Regulation (Perma) Number 1 of 2020 dated 27 July 2020. This difference of opinion concerns the roles of each which are not the same as each other, causing unequal punishment.
Putusan Bebas Tindak Pidana Korupsi: Studi Putusan Pengadilan Negeri Ambon Nomor 12: PID.SUS-TPK/2024/PN.AMB Salsabilla, Ditha Arizki; Sopacua, Margie Gladies; Taufik, Iqbal
MATAKAO Corruption Law Review Vol 3 No 1 (2025): Mei 2025 MATAKAO Corruption Law Review
Publisher : Pusat Kajian Korupsi Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/matakao.v3i1.19839

Abstract

An acquittal (vrijspraak), acquittal, if the defendant's guilt for the act charged to him is not proven legally and convincingly based on the results of the examination in court. Article 183 of the Criminal Procedure Code, A judge may not sentence someone unless he is convinced, with at least two valid pieces of evidence, that the crime actually occurred and the defendant is guilty of committing it. The research method used is the normative legal research type, which is carried out by examining library materials or secondary data, namely examining theories, concepts, legal principles and laws and regulations that are relevant to the problem being studied. The results of the study indicate that the application of material criminal law to corruption cases in the Ambon District Court decision case Number: 12 / Pid.Sus-TPK / 2024 / PN Amb.) was carried out in accordance with the legal facts, both statements from witnesses, statements from the defendant, and evidence. The form of the indictment made by the public prosecutor is appropriate because if the public prosecutor chooses to compile an indictment in the form of a subsidiary, then the systematic arrangement is where the crime threatened with the heaviest principal penalty is placed in the first layer or placed on the primary indictment and the crime threatened with a lighter penalty is placed on the indictment but in terms of proof it can cause difficulties because the proof of the primary indictment can touch the proof of the subsidiary indictment. The Judge's Legal Considerations in handing down the Acquittal was handed down to the Ambon District Court decision Number: 12 / Pid.Sus-TPK / 2024 / PN Amb.) because it was not legally and convincingly proven that the defendant was guilty of committing the corruption crime charged.
Co-Authors Ablamskyi, Serhii Adam, Sherly Adoa, Rama Astuti Nur Fadillah Denni Latumaerissa Fharansyah, Muhammad Syukran Findianti, Sinta Annabella Hehanussa, Deassy Jacomina Anthoneta Iqbal Taufik Ismail, Nurul Hadija Kabanga, Yoshua Andres Kiriwenno, Refliani Drevantly Lasamahu, Julio Latumaerissa, Denny Latumerissa, Denni Leasa, Elias Zadrach Leonie Lakollo Malaihollo, Aditya Putra Mentari Muammar Muammar, Muammar Paklioy, Ronny Putra Dirgantara Pasalbessy, John Dirk Saimima, Berrygibs Jacob Saimima, Judy Marria Salamor, Anna Maria Salsabilla, Ditha Arizki Sirait, Ingrid Debora Soehadi, Virley Kezia Solissa, Moksen Doyan Supusepa, Reimon Talaohu, Abdussalam Ramdani Taufik, Iqbal Ubwarin, Erwin Waliulu, Muhammad Afgan