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Mengurai Permasalahan Hukum Terkait Transaksi Keuangan dalam Pencucian Uang Lisanawati, Go
AML/CFT Journal : The Journal Of Anti Money Laundering And Countering The Financing Of Terrorism Vol 1 No 2 (2023): Permasalahan Hukum terkait Tindak Pidana Pencucian Uang
Publisher : Pusat Pelaporan dan Analisis Transaksi Keuangan (PPATK)

This study aims to analyze the consistency and effectiveness of the formulation of suspicious financial transactions in legal regulations related to money laundering from the law to the implementing rules. The issue discussed was related to the proposal to reformulate the definition of financial transactions as part of suspicious activity. The urgency of debating this issue is to avoid inconsistencies in the meaning and implementation of indicators of these financial transactions to provide effective prevention for all parties responsible for the anti-money laundering regime. This research uses normative juridical law research, with the object of research in the form of a positive legal inventory. The findings in this study are that efforts to reformulate the formulation of financial transactions in the context of suspicious activities will avoid conflicts of meaning in the context of lex superior derogat legi inferiori and will provide the ability to the reporting party to carry out legal obligations and moral obligations for the effectiveness of the anti-money laundering regime in Indonesia.

Quo Vadis Pengembalian Benda Sitaan Berupa Harta Bukan Hasil Tindak Pidana Pencucian Uang Kepada Korban Amelinda Charlotte, Florence; Lisanawati, Go
JURNAL YUSTIKA: MEDIA HUKUM DAN KEADILAN Vol. 27 No. 01 (2024): Jurnal Yustika: Media Hukum dan Keadilan
Publisher : Fakultas Hukum Universitas Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24123/yustika.v27i01.6597

Law Number 8 of 2010 does not explicitly regulate the assets of the proceeds of money laundering. The purpose of this paper is to analyze the return of confiscated objects in money laundering cases as one of the things that must be done in criminal procedure law. In essence, the return of confiscated objects must first fulfil the elements of objects that can be confiscated according to the Criminal Procedure Code and Law Number 8 of 2010 concerning the Prevention and Eradication of Money Laundering Crimes. This research uses normative juridical legal research methods with statutory and conceptual approaches. The legal materials used in this writing are primary legal materials in the form of laws and regulations and secondary legal materials in the form of related books and journals. The problem that arises in this research is the return of confiscated objects to victims who are not entitled to property that was not obtained from the proceeds of a criminal offence. The results showed that there were problems in returning confiscated objects to victims carried out by law enforcement officials, and this violated the laws and regulations, so the defendant's right to his property was deprived. Therefore, there is a need for evaluation and an in-depth understanding of law enforcement officials' implementation of criminal procedure law in Indonesia. Keywords: Evidence; Property Not Proceeds of Crime; Money Laundering; Return of Confiscated Property; Quo Vadis

Mengurai Permasalahan Hukum Terkait Transaksi Keuangan dalam Pencucian Uang Lisanawati, Go
AML/CFT Journal : The Journal Of Anti Money Laundering And Countering The Financing Of Terrorism Vol 1 No 2 (2023): Permasalahan Hukum terkait Tindak Pidana Pencucian Uang
Publisher : Pusat Pelaporan dan Analisis Transaksi Keuangan (PPATK)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59593/amlcft.2023.v1i2.59

This study aims to analyze the consistency and effectiveness of the formulation of suspicious financial transactions in legal regulations related to money laundering from the law to the implementing rules. The issue discussed was related to the proposal to reformulate the definition of financial transactions as part of suspicious activity. The urgency of debating this issue is to avoid inconsistencies in the meaning and implementation of indicators of these financial transactions to provide effective prevention for all parties responsible for the anti-money laundering regime. This research uses normative juridical law research, with the object of research in the form of a positive legal inventory. The findings in this study are that efforts to reformulate the formulation of financial transactions in the context of suspicious activities will avoid conflicts of meaning in the context of lex superior derogat legi inferiori and will provide the ability to the reporting party to carry out legal obligations and moral obligations for the effectiveness of the anti-money laundering regime in Indonesia.

URGENSI PENGATURAN HUKUM CENTRAL BANK DIGITAL CURRENCY DALAM DIMENSI ANTI PENCUCIAN UANG Lisanawati, Go; Aristo, Erly
Veritas et Justitia Vol. 8 No. 1 (2022): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.v8i1.4520

The issue of digitalized forms of payment systems has required adjustment from a State to accomodate and respond. One of the issues is concerning the use of virtual currencies, and Central Bank Digital Currency. It requires the accomodative and responsive of the law instruments in Indonesia to arrange that issue. The payment systems’ policy in Indonesia has not placed any issues of crypto/digital currency as one of the payment methods. Central Bank Digital Currency is a the digital form of fiat money. Through the Bank Indonesia Regulation Number 18/40/PBI/2016 concerning Operation of Payments Transaction Processing, and Bank Indonesia Regulation Number 19/12/PBI/2017 concerning the Implementation of Financial Technology, it can be understood that Indonesia remain bans the use of any virtual currency as payment instruments. Central Bank Digital Currency has different form of virtual currencies which are not issued by the state, but it is remain called as virtual currencies. In fact, the use of virtual currencies has been exploited by money launderer to do laundering. Virtual currencies has no underlying asset or responsible authority or administrator, volatile, risky, and speculative. This article is a normative legal research method that will analyzed the direction in which Indonesian Law can headed Central Bank Digital Currency while the option has become more less for not response it. The result of this research has showed that it is urgently need for Bank Indonesia (as a central bank in Indonesia) to recognise Central Bank Digital Currency as payment’s instrument.

Masa Percobaan Pidana Mati Pada KUHP Nasional Ditinjau dari Aliran Utilitarianisme Hukum Bertrand Jerison Gunawan; Go Lisanawati
Jurnal Hukum Lex Generalis Vol 5 No 12 (2024): Tema Hukum dan Hak Asasi Manusia
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v5i12.857

This article aims to analyze the existing provisions in the Criminal Code of Indonesia regarding a trial period for the death penalty for convicts who do not regret their criminal conduct. It can be said that the convict has been sentenced twice. This method is a normative juridical because the focus of the study departs from the vagueness of norms, using approaches such as the statute approach and the conceptual approaches. This technique for searching legal materials uses document study techniques and normative analysis. Based on the results of the analysis, the trial period for the death penalty for convicts who do not regret their actions is ineffective. It is because it violates the human rights of the convict. After all they torture the convict by giving him probation for 10 years. Basically, the convict does not regret his actions so without having to wait a long time the death execution can be carried out. Keywords: Death Penalty; Human Rights, Trial Period;

The Executability of Capital Punishment under Indonesia’s 2023 Penal Code: A Legality Principle Analysis Mandiana, Sari; Lisanawati, Go
KRTHA BHAYANGKARA Vol. 20 No. 1 (2026): KRTHA BHAYANGKARA: APRIL 2026
Publisher : Fakultas Hukum Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/krtha.v20i1.4687

The 2023 Indonesian Penal Code (KUHP Nasional) contains overlapping and inconsistent provisions regulating the execution of capital punishment, resulting in legal uncertainty at the level of implementation. This article examines the application of the death penalty under the KUHP Nasional from the perspective of the principle of legality, a fundamental pillar of criminal law requiring clarity and certainty in the formulation of criminal sanctions. Using a normative juridical approach, this conceptual study is based primarily on statutory analysis of the KUHP Nasional. The analysis demonstrates that the introduction of a mandatory probationary period for death sentences creates an internal contradiction within the Code, effectively rendering the execution of capital punishment legally impracticable, particularly following its full entry into force on 2 January 2026 as stipulated in Article 624. This article argues that the principle of legality must be understood not only in its formal dimension but also in its pragmatic dimension, especially at the judicial application stage. The main contribution of this study is its demonstration that the current legal construction of capital punishment in the KUHP Nasional undermines legal certainty and raises fundamental questions regarding the enforceability of the death penalty in Indonesia.

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