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All Journal Pandecta Veritas et Justitia Jurnal Hukum IUS QUIA IUSTUM Jurnal Akta Widya Yuridika Jurnal Yustika: Media Hukum dan Keadilan Jurnal Hukum Lex Generalis Perspektif Hukum AML/CFT Journal The Journal of Anti Money Laundering and Countering the Financing of Terrorism
Go Lisanawati
Universitas Surabaya
Arts Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences

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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)

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (436.049 KB) | DOI: 10.59593/amlcft.2023.v1i2.59

Abstract

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.
Masa Percobaan Pidana Mati Pada KUHP Nasional Ditinjau dari Aliran Utilitarianisme Hukum Gunawan, Bertrand Jerison; Lisanawati, Go
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

Abstract

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;
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

Abstract

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

Abstract

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.
Co-Authors Ahmad Dakhoir Amelinda Charlotte, Florence Clarisa Permata Hariono Putri Erly Aristo Gunawan, Bertrand Jerison Ibnu Elmi AS Pelu Jefry Tarantang Mufidatul Ma’sumah Rengga Aditya Mulawardhana Wisnu Aryo Dewanto