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[Criminal Liability for Physical Violence in the Domestic Sphere (Analysis of Medan District Court Decision Number 1264 / Pid.Sus / 2023 / PN Mdn) ]]>
<![CDATA[Syukur Siregar, Abdul]]>;
<![CDATA[Sitompul, Ariman]]>
<![CDATA[ International Asia Of Law and Money Laundering (IAML) Vol. 3 No. 4 (2024): International Asia Of Law and Money Laundering (IAML) ]]>
Publisher : <![CDATA[International Asia Of Law and Money Laundering ]]>
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DOI: 10.59712/iaml.v3i4.108
<![CDATA[Many domestic violence criminal events that occur within the household, such as the decision of the Medan District Court Number 1264 / Pid.Sus.2023 / PN Mdn, where the defendant in the name of Bobby Fauzan was only sentenced to 2 (two) months in prison which was actually unworthy and appropriate for what he did to his legal wife. The research used is juridical normative, where research is done by tracing legal material through literature studies. This study is descriptive Analytical that is to analyze the data systematically. Criminal liability against perpetrators of domestic violence in Medan District Court decision number 1264 / Pid.Sus / 2023 / PN Mdn, has not reflected a fair and beneficial verdict for victims. Because between acts with normative provisions that provide mild sanctions for perpetrators are still tertullis and have not been revised. It could happen to a wife again. Whereas Article 28g paragraph (1) of the 1945 Constitution and Law No. 23 of 2004 have provided legal protection clearly and definitely. However, from the aspect of justice and benefit received by the victim for the actions of her husband does not reflect a clear Justice and benefit because the sanctions given are still mild. Thus, it is necessary for Law No. 23 of 2004 to be revised.]]>
<![CDATA[Bankruptcy Verdict as a Legal Result of the Rejection of the Peace Plan Proposal by Creditors in the Process of Postponing Debt Repayment Obligations (PKPU) ]]>
<![CDATA[Mulyanta Sembiring, Dedek]]>;
<![CDATA[Sitompul, Ariman]]>;
<![CDATA[Sahputra, Rilawadi]]>;
<![CDATA[Azmi, Syariful]]>
<![CDATA[ International Asia Of Law and Money Laundering (IAML) Vol. 3 No. 4 (2024): International Asia Of Law and Money Laundering (IAML) ]]>
Publisher : <![CDATA[International Asia Of Law and Money Laundering ]]>
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DOI: 10.59712/iaml.v3i4.111
<![CDATA[The process of postponing the debt payment obligation (PKPU) lasts for 270 (two hundred and seventy) days starting from the reading of the PKPU decision. Within 270 days the debtor must prepare a peace plan in the form of a peace proposal that will be offered to the creditors to repay its debts. The peace plan or often referred to as the peace Proposal plan is not clearly regulated and detailed in Law Number 37 of 2007 on bankruptcy and delay and debt repayment obligations. The peace plan is one of the debtor's efforts to make payments on debts that have been registered by creditors, verified and recognized by the debtor which is then authorized by the supervisory judge through the establishment of a fixed Bill list. The peace plan will not necessarily be accepted by the creditors but there will be discussion and voting that will determine whether or not the peace plan offered by the debtor is accepted as a determinant of whether PKPU will end with a bankruptcy decision will be handed down or homologation decision. The method of research conducted in this writing is to use the normative method. This study was conducted by searching and understanding the literature or the bankruptcy law and debt repayment obligation postponement (PKPU) with literature research. This study will examine how the process of postponement of debt repayment obligations (PKPU) until the bankruptcy verdict is handed down to the debtor based on the study of the Commercial Court decision at the Semarang District Court Number : 9/Pdt.Sus-PKPU/2024 / PN.Commerce.Smg). Thus, it can be seen how the process of discussing the peace plan proposal in the process of postponing debt payment obligations (PKPU) will determine whether the bankruptcy decision will be imposed on the debtor or the Peace decision (homologation).]]>
<![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 Impact of Criminal Policy on Money Laundering Against the Resilience of the Law ]]>
<![CDATA[Kusbianto, Kusbianto]]>;
<![CDATA[Sitompul, Ariman]]>;
<![CDATA[Adiputra, Adiputra]]>;
<![CDATA[Miftahuddin, Miftahuddin]]>
<![CDATA[ Susbtantive Justice International Journal of Law Vol 5 No 2 (2022): Substantive Justice International Journal of Law ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Muslim Indonesia, Indonesia ]]>
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DOI: 10.56087/substantivejustice.v5i2.192
<![CDATA[Differences in the authority of investigators over money laundering crimes committed by members of the Indonesian National Armed Forces lead to disharmony of norms, thus creating polemics in the law enforcement process, especially in efforts to eradicate money laundering. Currently, there is an expansion of investigative competence based on the Decision of the Constitutional Court of the Republic of Indonesia, which states that predicate criminal investigators are officials or bodies authorized by laws and regulations to conduct investigations. Violations committed by members of the Indonesian National Armed Forces against the crime of money laundering should be under the jurisdiction of the Military Court. This study aims to determine the development and impact of legal policies related to members of the Indonesian National Armed Forces who commit criminal acts in the jurisdiction of the Military Court I-03 Padang. The analysis of this research uses a descriptive qualitative approach by using primary and secondary data. The results indicate that the competence of military courts is vulnerable to discontinuing the legal process of money laundering. Military courts should also be given the authority to try Indonesian National Armed Forces members who commit money laundering crimes. Investigation of The Crime of Money Laundering committed by members of the Indonesian National Armed Forces in the ius constituendum must be formulated more firmly in the Money Laundering Law. Thus, the Indonesian National Army members who violate the entered in categorization of General Crimes or non-military will be subject to the general justice system, and in the investigation carried out by investigators in the general court as described in the provisions in accordance with the limitative theory.]]>
<![CDATA[Establishment of The Law On The Seizure of Assets Resulting From Money Laundering Based On Fair Law Enforcement In Indonesia ]]>
<![CDATA[Sitompul, Ariman]]>;
<![CDATA[Hasibuan, Edi Saputra]]>
<![CDATA[ SASI Volume 29 Issue 3, September 2023 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/sasi.v29i3.1504
<![CDATA[Introduction: The realization of Parliament's desire to support asset seizure efforts, currently there is a discourse to regulate the seizure of assets resulting from criminal offenses in a separate law. The proposal to form a law on the expropriation of assets resulting from criminal acts is seen in the agreement to include a draft law on the expropriation of assets resulting from criminal acts in the National Legislation 2009-2014.Purposes of the Research: The purpose of this study is to explain the paradigm that the importance of the establishment of asset seizure laws in money laundering.Methods of the Research: The research method used is normative legal research with a statute legal approach and a conceptual approach.Results of the Research: The urgency of establishing a special asset seizure law for money laundering is an inadequate mechanism. Adequate mechanisms in asset seizure efforts are expected to use the mechanisms contained in the UNCAC so that asset seizure in Indonesia will run effectively.]]>
<![CDATA[The Use of Forensic Physician Expertise In View of Health Law Against Murder Cases ]]>
<![CDATA[Sitompul, Ariman]]>
<![CDATA[ SASI Volume 29 Issue 1, March 2023 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/sasi.v29i1.1281
<![CDATA[Introduction: The position of forensic expert evidence stands on the nature of the dualism of expert evidence, on one side of the expert evidence in the form of reports or post mortem et Repertum can still be assessed as expert evidence on the other side of the expert evidence in the form of reports also touches the letter evidence, but decision-making will be the nature of the dualism of forensic expert evidence lies in the confidence of the judge in making a decision. Forensic medicine plays a role in determining the causal relationship between an act and the consequences that will cause injury to the body or cause health problems or cause the death of a person (causal verbend).Purposes of the Research: The purpose of this study is to explain paradiqma conviction and judgment Judge tehadapa Forensic Medicine against murder case.Methods of the Research: The research method used is normative legal research with a statute legal approach and a conceptual approach.Results of the Research: The testimony of forensic experts is essentially not binding on the judge. However, in a criminal procedure if it is necessary and the purpose is presented experts to explain the case, explain the cause and effect of the defendant's guilt in committing a criminal act, forensic expert testimony is needed in the trial.]]>
<![CDATA[The Power of Proof In Victims of Sexsual Abuse ]]>
<![CDATA[Maswandi, Maswandi]]>;
<![CDATA[Jamillah, Jamillah]]>;
<![CDATA[Sitompul, Ariman]]>
<![CDATA[ SASI Volume 28 Issue 3, September 2022 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/sasi.v28i3.988
<![CDATA[Introduction: Enforcement and legal protection for sexual assault cases has focused on protecting the victims of sexual assault law which consists of physical or psychological violence, retaliation, humiliation, and mistreatment of people who support victims of violence against women in particular. Where the focus of this tuilsan mebahas about the legal protection of victims of sexual violence in Indonesian criminal law and how the penultimate case of sexual violence.Purposes of the Research: The purpose of this study is to explain the concept Absentia trial by applying the return of State.Methods of the Research: The research method used is normative legal research with a statute legal approach and a conceptual approach.Results of the Research: Sexual violence itself becomes an urgency, given the rise of cases of sexual violence in Indonesia. By creating laws that protect victims of sexual violence, the resolution of sexual violence cases and the protection of victims of sexual violence cases can be executed well. So that the law in Indonesia can be implemented in accordance with its purpose, which is to protect all Indonesian people from crime cases.]]>
