Articles
<![CDATA[Proof Of Criminal Origin Related To Money Laundering In Mutual Fund Investment Activities In Supreme Court Decision Number 2937 K/Pid.Sus/2021 ]]>
<![CDATA[Surnada, Surnada]]>;
<![CDATA[Kusbianto, Kusbianto]]>;
<![CDATA[Sitompul, Ariman]]>
<![CDATA[ Legalpreneur Journal Volume 3, No. 1 October 2024 ]]>
Publisher : <![CDATA[Universitas Dharmawangsa ]]>
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DOI: 10.46576/lpj.v3i1.5029
<![CDATA[The crime of money laundering in the form of mutual fund investments is a serious crime that can threaten the stability of the financial system and economy. Perpetrators use mutual funds as a means to disguise the origin of illegal funds resulting from criminal acts, such as corruption, which are then invested as if they were legitimate funds. This not only harms the country financially, but can also reduce investor confidence in the mutual fund industry. Therefore, it is important to examine the criminal liability of perpetrators of money laundering in mutual fund investments in order to maintain the integrity of the financial system and provide a deterrent effect for perpetrators of similar crimes. This research is aimed at analyzing the legal regulation of criminal acts of money laundering in mutual fund investment activities in Indonesia, proof of predicate crimes related to criminal acts of money laundering in mutual fund investment activities in Supreme Court Decision Number 2937 K/Pid.Sus/2021, as well as criminal responsibility for perpetrators of these crimes. money laundering crime in mutual fund investment activities in Supreme Court Decision Number 2937 K/Pid.Sus/2021.The research method used is normative juridical research, which is supported by primary and secondary data sources. All legal materials were collected using library research techniques using document study data collection tools. Apart from that, field studies were also carried out using interview methods and analyzed qualitatively.The results of the research and discussion concluded that the legal regulations related to the crime of money laundering in mutual fund investment activities in Indonesia are as regulated in Law Number 8 of 2010. Based on Supreme Court Decision Number 2937 K/Pid.Sus/2021, it can be concluded that the defendant Benny Tjokrosaputro proven to have committed a criminal act of corruption together with other parties in managing investments at PT Asuransi Jiwasraya (Persero) which caused state losses amounting to IDR 16.807 trillion, as well as a money laundering crime of IDR 6.078 trillion, so he was sentenced to life imprisonment and payment of compensation to the state, based on valid evidence at trial and the fulfillment of the elements of the criminal act in accordance with the articles charged.]]>
<![CDATA[The Role Of Investigators In The Application Of Restorative Justice And Rehabilitation To Victims Of Drug Abuse In The Belawan Port Police ]]>
<![CDATA[Sirait, Mangatur]]>;
<![CDATA[Kusbianto, Kusbianto]]>;
<![CDATA[Sitompul, Ariman]]>
<![CDATA[ Legalpreneur Journal Volume 3, No. 1 October 2024 ]]>
Publisher : <![CDATA[Universitas Dharmawangsa ]]>
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DOI: 10.46576/lpj.v3i1.5031
<![CDATA[This study aims to determine the application of restorative justice and rehabilitation in the case of narcotics crime in legislation, the role of investigators in implementing restorative justice and rehabilitation in the Belawan jurisdiction, as well as the obstacles faced by investigators in implementing restorative justice and rehabilitation in the region. The research method used in this study is empirical juridical research that combines elements of law and scientific method. This study uses a qualitative approach with data collection techniques through interviews and document studies. The data sources consist of primary data obtained through observation, interviews, and questionnaires, as well as secondary data derived from primary and secondary legal materials. Data analysis is done descriptively by grouping, interpreting, and summarizing the data obtained. Investigators have an important role in handling cases of victims of drug abuse, including in the investigation, investigation, and rehabilitation. The implementation of restorative justice and rehabilitation at the Belawan Port Police Station has been carried out, but there are still obstacles such as lack of knowledge and skills of investigators, lack of support and facilities, and lack of community involvement. Increased training for investigators and stronger cooperation with communities and rehabilitation institutions are needed to improve the effectiveness of Drug Abuse Prevention.]]>
<![CDATA[Business Dispute Settlement Employment Chartering Agreement In The Perspective Of Legal Certainty ]]>
<![CDATA[Saputra, Iqbal]]>;
<![CDATA[Kusbianto, Kusbianto]]>;
<![CDATA[Sitompul, Ariman]]>
<![CDATA[ Legalpreneur Journal Volume 3, No. 1 October 2024 ]]>
Publisher : <![CDATA[Universitas Dharmawangsa ]]>
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DOI: 10.46576/lpj.v3i1.5030
<![CDATA[The background of the problems in this thesis research is a business dispute agreement chartering Pekerajaan with a peace decision between Antony Simon melaawan LAI MEE YEK that can be resolved through the mediation process. In conducting the mediation process in court with a peace decision (deed of Vandading) in the Medan District Court in accordance with the mediation implementation procedure as stipulated in PERMA No. 1 of 2016. The problems discussed in writing this thesis is how the legal regulations in the settlement of business disputes on the tort of default, how the settlement of cases of tort of default with the occurrence of peace (Dading) by the Medan District Court and how the settlement of business disputes chartering Pekeraja agreement with the Peace decision (deed Vandading) in Medan District Court. The research method used in the writing of this thesis is a type of normative-empirical legal research, by conducting doctoral research directly and using data collection tools in the form of interviews. Based on the results of research, the process of resolving default business disputes through a simple lawsuit based on perma number 4 of 2019 with a material lawsuit of at most Rp.500.000.000, - (five hundred million rupiah) in order to achieve legal certainty should be in the lawsuit the plaintiff appealed to the Chairman/panel of judges who examined and tried this case to put a temporary bail seizure (conservatoir beslagh) against the defendant's property both movable and immovable. In order to avoid greater financing and longer time in resolving this matter.]]>
<![CDATA[Juridical Analysis Of Sharp Weapon Abuse (Case Study Of Medan District Court Decision No. 2277/Pid.B / 2023 / PN Mdn) ]]>
<![CDATA[Sitompul, Ariman]]>;
<![CDATA[Winarko, Bagus]]>
<![CDATA[ Legalpreneur Journal Volume 3, No. 2 April 2025 ]]>
Publisher : <![CDATA[Universitas Dharmawangsa ]]>
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DOI: 10.46576/lpj.v3i2.6240
<![CDATA[Imprisonment as a form of sanction for violations of the law, including the use of sharp weapons (sajam), is a complex issue in the context of law enforcement and social rehabilitation. This study aims to explore the impact of prison sentences on offenders involved in sajam use cases, as well as to understand how experiences in prison can contribute to learning from mistakes and behavior change in the future. The research method used is normative juridical research by conducting research systematically legal norms . The results showed that prison sentences often serve not only as a deterrent to crime, but also as a means of rehabilitation that can help offenders realize the consequences of their actions. However, many offenders feel that the punishment does not provide enough deterrent effect, especially if it is not balanced with an effective rehabilitation program. Prevention efforts need to be done through strict law enforcement, public awareness campaigns, and regulating access to sharp weapons in order to reduce crime rates and create a safer environment. ]]>
<![CDATA[The Form Of Resolving The Laka Lalu Case With A Restorative Justice Approach According To Police Regulation Number 8 Of 2021 On Handling Criminal Acts Based On Restorative Justice ]]>
<![CDATA[Ardyan, Ardyan]]>;
<![CDATA[Sitompul, Ariman]]>;
<![CDATA[Ruslan, Ruslan]]>
<![CDATA[ Legalpreneur Journal Volume 2, No. 1 October 2023 ]]>
Publisher : <![CDATA[Universitas Dharmawangsa ]]>
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DOI: 10.46576/lpj.v2i1.3752
<![CDATA[AbstractJudicial procedures in Indonesia in resolving criminal cases have not been in accordance with the wishes society to feel fair in law. People who feel less Justice issued opinion or criticism of judicial procedures in indonesia. The problem of traffic accidents refers to the act No. 22/2009 on LLAJ and Criminal Procedure Code. The second legal basis for the settlement of traffic accident cases it is not yet possible to solve problems based on restorative justice. This research aims to find out and analyze procedures to solve the problems of past accidents traffic that can cause casualties both serious injuries and fatalities using the approach of Justice restorative justice according to police Regulation Number 8 of 2021 on handling criminal acts based on Justice Restorative, a form of settlement of accident cases and then with a restorative justice approach according to the police Perarturan Number 8 of 2021 on handling criminal acts based on restorative justice and legal certainty to resolve the issue of laka and then with a restorative justice approach. Methods used in this research using empirical approach and normative juridical approach to the paradigm of analysis qualitative data. Research and Discussion: 1. Legal arrangement for settlement of traffic accident cases it is not based on restorative justice. 2. Legal weaknesses in the settlement of traffic accident cases using a restorative justice approach. 3. Reconstruction of last accident settlement law cross with restorative justice approach, namely by revising the provisions of Article 230 and Article 235 U.S. No. 22/2009 on LLAJ, so that the case of traffic accidents light, medium and heavy can based on restorative justice. Excluded against traffic accidents that cause casualties soul, the resolution of things based on restorative justice does not drop the prosecution of thingsKeywords: Settlement Of Traffic Matters, Justice, Restorative.]]>
<![CDATA[Comparison Of Criminal Sanctions Against Sexual Harassers In Indonesia And Malaysia ]]>
<![CDATA[Satar, Abdul]]>;
<![CDATA[Surnada, Surnada]]>;
<![CDATA[Sitompul, Ariman]]>
<![CDATA[ Legalpreneur Journal Volume 2, No. 2 April 2024 ]]>
Publisher : <![CDATA[Universitas Dharmawangsa ]]>
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DOI: 10.46576/lpj.v2i2.4225
<![CDATA[State on sexual harassment. This article uses normative research methods with a legislative approach and a comparative approach to the laws of Indonesia and Malaysia. Based on the results of the analysis conducted by the state of Indonesia and Malaysia have similarities in defining sexual harassment. Sexual harassment is part of sexual violence in the form of sexual acts through physical and non-physical touch with the target sexual organs or sexuality of the victim. Sexual harassment through physical touch in the form of poking or touching parts of the body. Sexual harassment in Indonesia is regulated by Law Number 12 of 2022 concerning the crime of sexual violence, while the criminal law on sexual harassment in Malaysia is regulated by the Anti-Sexual Harassment Law 2022. The threat of punishment for perpetrators of sexual violence in Indonesia is the highest 12 (twelve years) and/ or a maximum fine of Rp300, 000, 000.00 (three hundred million rupiah). While the threat of punishment for perpetrators of sexual violence in Malaysia is the highest 10 years or a fine or both.]]>
<![CDATA[Transfer Of Billing Rights To Third Parties In The Banking System ]]>
<![CDATA[Sitompul, Ariman]]>
<![CDATA[ Legalpreneur Journal Volume 1, No. 2 April 2023 ]]>
Publisher : <![CDATA[Universitas Dharmawangsa ]]>
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DOI: 10.46576/lpj.v1i2.3134
<![CDATA[In the banking world, the implementation of Cessie is generally due to Old creditors requiring financing so that the operational implementation of their business continues to run. In the provision of bank credit should be made in a written form, and the bank must have confidence in the ability and ability of the debtor customer obtained from the results of both internal and external assessments , capabilities, both capital,as well as collateral and business prospects of the debtor customer. The implementation of cessie according to Article 613 of the Civil Code is carried out on receivables on behalf of the old creditor, to the new creditor on the debt of the debtor by making a cessie deed, either an authentic deed or a deed under the hand with the obligation to be notified to the debtor or in writing approved and recognized by the debtor. With legal consequences receivables switch from the old creditor to the new creditor.]]>
<![CDATA[Labor Law Protection Due To Termination Of Employment Due To The Covid 19 Pandemic ]]>
<![CDATA[Irawan, Irawan]]>;
<![CDATA[Sitompul, Ariman]]>;
<![CDATA[Simamora, Melky Suhery]]>
<![CDATA[ Legalpreneur Journal Volume 1, No. 1 October 2022 ]]>
Publisher : <![CDATA[Universitas Dharmawangsa ]]>
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DOI: 10.46576/lpj.v1i1.2640
<![CDATA[At the beginning of the Covid-19 pandemic, the implementation of policies regarding large- scale social restrictions had a very significant impact on companies in North Sumatra. Sources of data used in this study are primary and secondary data. The data analysis method used in this study is descriptive qualitative. Based on the results of the study, the conclusion in this study is the regulation of termination of employment due to the covid-19 pandemic which is regulated in Law Number 11 of 2020 concerning job creation, namely by reason of efficiency because the first in the provisions of Article 154 a paragraph of the job creation law states that "the company performs efficiency, either followed by the closure of the company or not followed by the closure of the company due to the company experiencing losses". The collective agreement is the result of a final agreement that should not be contested in the future from both the workers and employers. Termination of employment due to COVID-19 in Indonesia, the average layoff is not because the company is closed or closed, but because of the implementation of Work from Home which is a recommendation from the government.   ]]>
<![CDATA[Legality Camat And Lurah In Publishing Land Administration In Medan City ]]>
<![CDATA[Batubara, Hirsan]]>;
<![CDATA[Luis, Rafnila]]>;
<![CDATA[Vincen, Vincen]]>;
<![CDATA[Sitompul, Ariman]]>
<![CDATA[ Legalpreneur Journal Volume 2, No. 2 April 2024 ]]>
Publisher : <![CDATA[Universitas Dharmawangsa ]]>
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DOI: 10.46576/lpj.v2i2.4292
<![CDATA[In carrying out land registration, Head of Land Office assisted by PPAT and other officials assigned to carry out certain activities according to Government regulations and legislation (Government Regulation No. 24 Year 1997 article 6 paragraph 2). What other officials mean in implementing land registration according to Government Regulation Number: 24 of 1997 article 6 paragraph 2 is the official Government that controls the state of the area concerned (village heads, Village Heads and Camat). One of the policies taken by the government to serve and meet community needs in making PPAT deed in areas where there is not enough PPAT or to serve certain groups of people in making certain PPAT deed then the minister appoints regional officials as temporary PPAT or special PPAT. Lurah dan Camat appointed to serve the creation of the deed in areas that have not enough PPAT as a temporary patch. In accordance with Government Regulation Number: 24 of 2016 on Regulation PPAT, Lurah and Camat as government officials at the level bottom has an important role in supporting the achievement of legal certainty land rights in land registration activities. The role of the headman and Sub-Head is considered very influential to increase ownership of land rights at the district level. The purpose of this study is to identify the legality of the role of Lurah and Camat as a temporary land deed officer at the district level. This research using empirical and normative methods. Data collection techniques that the authors use is the author's experience and literature research. Data analysis techniques used is data collection, data presentation and conclusion.]]>
<![CDATA[Comparison of Transfer Pricing methods and their application in disputed tax cases in Indonesian courts ]]>
<![CDATA[Besdy, Besdy]]>;
<![CDATA[Pony, Pony]]>;
<![CDATA[Abraham, Abraham]]>;
<![CDATA[Sitompul, Ariman]]>
<![CDATA[ Legalpreneur Journal Volume 2, No. 2 April 2024 ]]>
Publisher : <![CDATA[Universitas Dharmawangsa ]]>
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DOI: 10.46576/lpj.v2i2.4402
<![CDATA[Transfer pricing is a trending topic of taxation in various worlds, not least in Indonesia. Directorate General of Taxation is very aggressive to supervise and monitor the practices of transfer pricing conducted by the taxpayer, because it is not just a case of fictitious tax refunds and tax realtor practices that erode the potential for state revenue from taxes, but the practice of tax evasion in the process transfer pricing is also considered a lot of harm to tax revenue. Transfer pricing practice is actually a common practice and commonly practiced by companies group companies. However, this can be a crucial issue when setting transfer prices is not in accordance with the principle of fairness and business prevalence (PKKU / arm's length principle) which regulated in the Indonesian transfer pricing regulations.. The taxpayer is given the freedom to use their own discretion in deciding the most appropriate method of measuring the transfer price. However, this leads to inconsistencies in the methods applied to arm's length transactions similar by entities from similar industries. Loopholes in this area are vulnerable to tax evasion practices since decades ago. This paper aims to compare the available methods for measurement transfer pricing. ]]>
