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All Journal Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat Jurnal Indonesia Sosial Sains
Saputera, Januar Agung
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Humanities Astronomy Biochemistry, Genetics & Molecular Biology Chemistry Computer Science & IT Decision Sciences, Operations Research & Management Earth & Planetary Sciences Economics, Econometrics & Finance Energy Environmental Science Immunology & microbiology Law, Crime, Criminology & Criminal Justice Library & Information Science Materials Science & Nanotechnology Neuroscience Physics Social Sciences

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PERLINDUNGAN HUKUM BAGI NASABAH PEMILIK ANJUNGAN TUNAI MANDIRI(ATM) SEBAGAI KORBAN TINDAK PIDANA SKIMMIN Siregar, Desy Yurita; Christiawan, Rio; Saputera, Januar Agung
Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat Vol 23, No 3 (2024): Edisi Mei 2024
Publisher : Universitas Islam Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30743/jhk.v23i3.9228

Abstract

As a business practice, banks play an important role in collecting money from the public in the form of deposits, and channeling it into the form of credit or other forms, so that, banks aim to improve the standard of living of the people or the economy of a country. . Automated Teller Machines (ATMs) are one of the items that have emerged from technology in the banking sector that can facilitate transaction activities without the need to visit bank tellers due to advances in the times and technology. The development of a technology can have a positive impact and a detrimental impact, one of which is the emergence of cybercrime (Cyber Crime) in the banking world which is commonly referred to as skimmingcrimes. The type of normative legal research is used as research on the rule of law, the level of norms, principles, philosophies, theories and the rule of law itself, with an approach to legislation (Statute Approach). Then the purpose of this study is to find out how to protect the law for customers who own automated teller machines (ATMs) who experience skimming crimes and how to apply sanctions against perpetrators for skimming crimes on automated teller machines (ATMs), so that it can be concluded that every criminal act in skimming crimes may be sentenced to criminal sanctions and administrative sanctions for those who are proven to have done so.therefore the application of criminal sanctions used in the crime of skimming is contained in article 30 paragraph (2) jo 46 paragraph (2) of Law Number 11 of 2008 which has been amended into Law No. 19 of 2016 jo article 55 paragraph (1) 1 of the Criminal Code jo article 363 of the Criminal Code Keywords: Skimming, Legal Protection, Application of Criminal Sanctions
Criminal Liability in The Perspective of Corporations' Crimes Rusyana, Endang; Saputera, Januar Agung
Jurnal Indonesia Sosial Sains Vol. 5 No. 09 (2024): Jurnal Indonesia Sosial Sains
Publisher : CV. Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jiss.v5i09.1375

Abstract

This study explores corporate criminal liability in the context of Indonesia’s legal system, focusing on the complexities arising from corporate crime enforcement. Corporate crime, involving illegal activities by business entities for profit, requires a distinct legal approach since corporations as legal subjects cannot be held accountable in the same way as individuals. The research reviews various laws, including the Limited Liability Company Law and the Anti-Corruption Law, examining the challenges in applying these regulations, particularly in proving corporate intent and responsibility. Using a normative legal research method, the study analyzes legal documents and case studies to understand how Indonesia handles corporate crime. The findings reveal significant enforcement difficulties due to overlapping legal frameworks, gaps in corporate oversight, and insufficient legal mechanisms. International comparisons, such as the U.S. doctrine of "vicarious liability," highlight the potential for stronger corporate governance in Indonesia. The study concludes that harmonizing regulations and strengthening law enforcement are critical to improving corporate criminal liability in Indonesia, with recommendations for better compliance systems and enhanced international cooperation.
PERLINDUNGAN HUKUM BAGI NASABAH PEMILIK ANJUNGAN TUNAI MANDIRI(ATM) SEBAGAI KORBAN TINDAK PIDANA SKIMMIN Siregar, Desy Yurita; Christiawan, Rio; Saputera, Januar Agung
Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat Vol 23, No 3 (2024): Edisi Mei 2024
Publisher : Universitas Islam Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30743/jhk.v23i3.9228

Abstract

As a business practice, banks play an important role in collecting money from the public in the form of deposits, and channeling it into the form of credit or other forms, so that, banks aim to improve the standard of living of the people or the economy of a country. . Automated Teller Machines (ATMs) are one of the items that have emerged from technology in the banking sector that can facilitate transaction activities without the need to visit bank tellers due to advances in the times and technology. The development of a technology can have a positive impact and a detrimental impact, one of which is the emergence of cybercrime (Cyber Crime) in the banking world which is commonly referred to as skimmingcrimes. The type of normative legal research is used as research on the rule of law, the level of norms, principles, philosophies, theories and the rule of law itself, with an approach to legislation (Statute Approach). Then the purpose of this study is to find out how to protect the law for customers who own automated teller machines (ATMs) who experience skimming crimes and how to apply sanctions against perpetrators for skimming crimes on automated teller machines (ATMs), so that it can be concluded that every criminal act in skimming crimes may be sentenced to criminal sanctions and administrative sanctions for those who are proven to have done so.therefore the application of criminal sanctions used in the crime of skimming is contained in article 30 paragraph (2) jo 46 paragraph (2) of Law Number 11 of 2008 which has been amended into Law No. 19 of 2016 jo article 55 paragraph (1) 1 of the Criminal Code jo article 363 of the Criminal Code Keywords: Skimming, Legal Protection, Application of Criminal Sanctions
Co-Authors Christiawan, Rio Rusyana, Endang Siregar, Desy Yurita