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ANALISIS PENEGAKAN HUKUM TINDAK PIDANA PENCUCIAN UANG TANPA PUTUSAN PIDANA ASAL KORUPSI Johri; Rodliyah; Rina Rohayu Harun
The Juris Vol. 7 No. 2 (2023): JURNAL ILMU HUKUM : THE JURIS
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v7i2.1048

Abstract

This research aims to analyze the process of law enforcement and prevention of money laundering crimes originating from corruption based on Law Number 8 of 2010 on the Prevention and Eradication of Money Laundering Crimes and the efforts made by third parties acting in good faith to recover their assets if the money laundering crime is not proven in the corruption offense. The research method used in this study is a normative legal research method. From the analysis conducted, the legal enforcement mechanism for money laundering crimes originating from corruption as the underlying offense is essentially bound by the Criminal Procedure Code (KUHAP), the Money Laundering Act, and the Corruption Criminal Act. In the law enforcement process for money laundering crimes, there are still obstacles, both in terms of substantive law (substantive law) and procedural law (formal law). Additionally, the efforts that can be made by third parties to recover their assets are not sufficiently regulated in Law Number 8 of 2010, which means that it may not fully satisfy the principles of justice and legal certainty. To combat and prevent money laundering crimes, especially those derived from corruption, it is not only necessary to have law enforcement agencies with competent human resources for investigation and prosecution, but it is also essential to build synergy among stakeholders to prevent and combat money laundering crimes. Given that combating money laundering crimes involves multiple institutions such as financial institutions, law enforcement agencies, the Financial Transaction Reports and Analysis Center (PPATK), and other relevant agencies as subsystems, including Bank Indonesia, financial service providers, goods and services providers, the Capital Market Supervisory Agency (BAPEPAM-LK), the Ministry of Communication and Information Technology, the Directorate General of Customs and Excise (DJBC), and law enforcement authorities.
Anak Berkonflik dengan Hukum dalam Perspektif Hukum Islam Rina Rohayu Harun; Burhanuddin Burhanuddin
Media of Law and Sharia Vol. 4 No. 3: June 2023
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/mls.v4i3.15

Abstract

In positive law in Indonesia related to the handling of children in conflict with the law, it focuses on legal protection for children, starting from prevention to the justice system that is in accordance with the behavior shown and carried out by children. In practice, this protection effort uses a restorative justice approach. So far, the weakness of the statutory system lies more in its implementation. For this reason, it is very interesting to study the perspective of Islamic law on cases of children in conflict with this law. At least, there is a possibility of a formulation being found to criticize or improve the system and implementation in handling positive law in Indonesia for children in conflict with the law. From the results of the discussion, it was concluded that in the teachings of Islam, providing protection to children is the duty of everyone, not only parents. When a child is in conflict with the law, he is not given legal sanctions but is delegated or charged to his parents. The child is only given ta'dibi, namely punishment that is instructive in nature and does not affect the child's psyche. The arrangement for giving ta'dibi is left to the leader or ruler.