Articles
Implementation Of Disclosure Of Bank Confidentiality In The Effort To Eradicate Money Laundering Crime
Mohammad Fadarisman;
Bambang Tri Bawono
Law Development Journal Vol 3, No 2 (2021): June 2021
Publisher : Universitas Islam Sultan Agung
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DOI: 10.30659/ldj.3.2.390-398
The purpose of this research is to identify and analyze the implementation of bank secrecy disclosure in an effort to eradicate money laundering in the construction of legal certainty and to know and analyze the obstacles faced in the implementation of bank secrecy disclosure in an effort to eradicate money laundering. ) in the perspective of law enforcement. This study uses a sociological juridical approach, which in this case relates to the role of the State Attorney in recovering state financial losses with descriptive analytical research specifications. The data used are primary and secondary data which will be analyzed qualitatively. The research problem was analyzed using the theory of justice and the theory of expediency. The results of the study conclude that the eradication of money laundering in Indonesia will not be effective against law enforcers, both the police, prosecutors, and judges who investigate, prosecute, and examine cases of money laundering crimes, but the bank secrecy provisions as referred to in the Banking Law. Meanwhile, the obstacles faced by law enforcement officers in conducting investigations and investigations of money laundering practices are: 1) Weak provisions for bank secrecy, 2) Bank Indonesia secrecy with exceptions that are limitative and bureaucratic are considered as obstacles, 3) Law Enforcement Officials cannot know fully accurate financial information stored in the bank belonging to the suspect or defendant,
Criminal Action of Cosmetics Without License in Conception of Legal Expression
Lutfi Anindita;
Bambang Tri Bawono
Law Development Journal Vol 3, No 1 (2021): March 2021
Publisher : Universitas Islam Sultan Agung
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DOI: 10.30659/ldj.3.1.148-153
The purpose of this study is to determine and analyze the investigator's authority to handle the distribution of cosmetics without a permit in the construction of the legal system. To find out and analyze the implementation of Article 197 in conjunction with Article 106 paragraph (1) subside Article 196 in conjunction with Article 98 paragraph (2) and paragraph (3) of Act No. 36 of 2009 concerning Health in the conception of legal certainty. The approach method used in the preparation of this legal writing is to use a sociological juridical approach, namely seeing the law as human behavior in society.The specification of this research is descriptive analytical. Based on the results of that research The authorities of investigators to handle the unauthorized distribution of cosmetics in the construction of the legal system include: to receive reports or complaints from someone about the existence of a criminal act; take the first action at the scene; order a suspect to stop and check the suspect's identification; carry out an arrest, detention, search and confiscation; carry out inspection and confiscation of letters; take fingerprints and take a picture of a person; summon people to be heard and examined as suspects or witnesses; bring in the necessary experts in connection with the case examination; to terminate the investigation; take other action according tolaw responsible. Implementation of Article 197 in conjunction with Article 106 paragraph (1) subsidiary to Article 196 in conjunction with Article 98 paragraph (2) and paragraph (3) of Act No. 36 of 2009 concerning Health in the conception of legal certainty it is very appropriate to receive appropriate punishment because actions are very detrimental to the wider community both from an economic, social, and cultural perspective.
Effectiveness of Performance of Prosecutor's Office in Preventing Corruption Crime after the Team's Disbandment
Joko Kris Sriyanto;
Bambang Tri Bawono
Law Development Journal Vol 2, No 4 (2020): December 2020
Publisher : Universitas Islam Sultan Agung
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DOI: 10.30659/ldj.2.4.610-618
The objectives of this study are: 1. To find out and analyze the effectiveness of performance of Grobogan District Attorney in the context of preventing criminal acts of corruption after the dissolution of Regional Government and Regional Development Guards and Security Team (TP4D) in the construction of legal system. 2. To find out and analyze the obstacles faced by the Grobogan District Attorney in the context of preventing criminal acts of corruption after the dissolution of Regional Government and Regional Development Guards and Security Team (TP4D) and their solutions. The research method used is juridical sociology, which is an approach that studies social phenomena in society with legal aspects. Based on the research, it is concluded that as the implementation of duties of Guards Team, Government Security and Regional Development (TP4D), the Grobogan District Prosecutor's Office remains professional in carrying out its duties in the context of preventing criminal acts of corruption after the dissolution of guard and security team for government and regional development (TP4D) in the construction of a legal system that is right. in a period of 3 (three) years, starting in 2016, 2017, 2018 and 2019, the Team of Guards, Safeguards for Government and Regional Development (TP4D) of Grobogan District Prosecutor's Office has handled corruption crimes, showing an achievement from one of roles. The Attorney General's Office in optimizing the prevention of criminal acts of corruption through the Regional Government and Development Guard and Security Team (TP4D).
The Diversion For Children In Front Of The Law In Traffic Accident Cases
Bagus Jatmiko;
Bambang Tri Bawono
Law Development Journal Vol 3, No 2 (2021): June 2021
Publisher : Universitas Islam Sultan Agung
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DOI: 10.30659/ldj.3.2.216-222
The purpose of this study is to identify and analyze the implementation of diversion in the settlement of traffic accident cases committed by children in the context of legal certainty; knowing and analyzing the obstacles and solutions to the application of diversion in the settlement of traffic accident cases committed by children in the context of law enforcement that leads to restorative justice. This research approach method uses a sociological juridical approach. The conclusion of this study is that law enforcement officers in carrying out their duties of investigating, prosecuting, examining and determining case decisions for children who are in conflict with the law in traffic accident cases should prioritize the application of diversion as an alternative to the application of imprisonment. Massive socialization of diversion is needed to the community. The government should provide diversion facilities and infrastructure in order to guarantee protection for children.
Relevance Of Legal Certainty In Criminal Of Consent In The Eradication Of Corruption Law
Haryono Haryono;
Bambang Tri Bawono
Law Development Journal Vol 3, No 3 (2021): September 2021
Publisher : Universitas Islam Sultan Agung
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DOI: 10.30659/ldj.3.3.496-504
This study aims to analyze and determine the construction of evil consensus in corruption in Indonesia; legal weaknesses in cases of criminal conspiracy in corrupt criminal acts as well as reconstruction of evil conspiracy in criminal acts of corruption based on progressive law. The research uses a sociological juridical approach. Based on the research conducted, it was found the fact that the implementation of law enforcement in cases of conspiracy related to corruption is currently not fair, this is due to the unclear elements in the criminal act of conspiracy in corruption cases so that existing law enforcement is based on political interests, where the authorities will be able to looking for a way out of the snares of Article 15 of Act No. 31 of 1999 Jo. Act No. 20 of 2001 concerning the Eradication of Criminal Acts of Corruption, while parties who do not have the authority to power will not be able to escape the snares of Article 15 of Act No. 31 of 1999 Jo. Act No. 20 of 2001 concerning the Eradication of Corruption Crimes.
Effectiveness of Implementing ITE Laws and Investigations of Damnation through Social Media
Satria Ardi Yana;
Bambang Tri Bawono
Law Development Journal Vol 2, No 3 (2020): September 2020
Publisher : Universitas Islam Sultan Agung
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DOI: 10.30659/ldj.2.3.433-440
Social media is also often used as a place to show off the public to post sparkling luxury. The formulation of the problem and the purpose of this study is the effectiveness of the implementation of the ITE Law and investigations of criminal defamation through social media in the conception of legal certainty.Obstacles and Efforts in the process of investigating criminal defamation through social media based on the ITE Law.The research methodology is a sociological juridical legal approach and the specification in this research is descriptive analytical. The theory used is the theory of legal effectiveness and the theory of legal certainty. The results showed that the handling of criminal defamation through social media based on the ITE Law in society has not been effective. The fact is the increasing number of criminal acts of defamation from year to year, and the mode of crime. The first obstacle is the Search for Perpetrators through social media used by defamation facilities, the two factors of inadequate facilities and infrastructure, the third is the difficulty of disclosing evidence, the fourth is the amount of budget required by the police in the process of proving a case using expert witnesses, and the fifth difference in legal perspectives from Social media founding countries.
Law Enforcement against Pedicap which is Modified into "Bentor"
Ryke Rhimadhila;
Bambang Tri Bawono
Law Development Journal Vol 2, No 2 (2020): June 2020
Publisher : Universitas Islam Sultan Agung
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DOI: 10.30659/ldj.2.2.225-231
The aim of this study To find out and analyze the causes of the many pedicabs being modified into motorized pedicabs in the jurisdiction of the Semarang Police, law enforcement of Act No. 22 of 2009 concerning Road Traffic and Transportation against bumps in the jurisdiction of the Semarang Police, obstacles and solutions in overcoming pedicab law enforcement modified in the jurisdiction of the Semarang Police. The approach method used is juridical normative and juridical sosilogis, the specifications in this research are descriptive analysis, population and sampling methods, data collection techniques using literature study and interviews, data analysis used is qualitative. The research problem is analyzed by law enforcement theory and law effectiveness theory. The number of Bentors as urban transportation shows an increase, this is due to the increasing need for transportation facilities and also transportation service areas that cannot be served by other transportation facilities, because of the difficulty of finding work, many unemployment. Law enforcement against Bentor violations in the jurisdiction of the Unit Polrestabes Semarang refers to Article: 277 of Act No. 22 of 2009. Law enforcement of Act No. 22 of 2009 concerning Highway Traffic and Transportation regarding the prohibition of driving motorized pedicabs has several obstacles, namely the law enforcement factor. The second is the factor of facilities or facilities, namely in the case of confiscation of vehicles where the Police cannot secure large numbers of bumps because the facilities used to transport the bumps are insufficient, the number of Bentors in Semarang. The last factor is the low level of public awareness of the enactment of Act No. 22 of 2009, besides that the community also does not understand the consequences that will be received if they still use Bentor. The solution in overcoming obstacles is by coordinating the Semarang Police with the Semarang City Transportation Agency in enforcing the motorized pedicab law in the city of Semarang as follows: Unity of action, communication, division of labor and strengthening through law.
A Justice Reform In Consumer Protection In Development Of Financial Technology
Danang Dwi Cahyo;
Bambang Tri Bawono
Law Development Journal Vol 3, No 3 (2021): September 2021
Publisher : Universitas Islam Sultan Agung
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DOI: 10.30659/ldj.3.3.475-480
This research aims to analyze consumer protection in the development of fintech. The approach used is sociological juridical. Based on the research conducted, it was found that the implementation of fintech is often used as a cover for fraud supported by cyber bullying. The factors that affect the implementation of debtor protection when they are unable to pay their debts to financial technology institutions are the overlapping rules, the lack of reach of law enforcement in cases of fraud under the guise of financial technology institutions, and the influence of globalization which has resulted in the growth of financial technology institutions becoming increasingly unstable under control. This results in the implementation of financial technology not being in accordance with good ethical principles in making an agreement.
Agreements on Individual Accounts using Guarantee of Certificate which Bound by Selling Deed
Heni Astuti;
Bambang Tri Bawono
Sultan Agung Notary Law Review Vol 3, No 3 (2021): September 2021
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung
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DOI: 10.30659/sanlar.3.3.1078-1086
In ancient times it was customary for people to make loan agreements involving land. Land is also commonly loaned to other people under a lease agreement. In Indonesia, lending and borrowing agreements are regulated in Article 1754 of the Civil Code concerning debts and receivables. Accounts payable begins with an agreement between two legal subjects called debtors and creditors, then accompanied by the delivery of objects as collateral. Today, in the Limbangan sub-district, Kendal regency, Central Java, there is a practice of individual debt agreements with guaranteed land and building certificates with an area of 255 m² which are bound not by a Mortgage Deed (APHT), but using a Sale and Purchase Deed (AJB) and legalized by a Notary as Land Deed Maker Official (PPAT). The purpose of this study was to determine and analyze the validity of an individual debt agreement using a certificate guarantee bound by a Sale and Purchase Deed in Kendal regency. Another objective is to find out and analyze the responsibilities of a Notary to the making and registration of a Sale and Purchase Deed which is used as a guarantee for an individual debt agreement in Kendal regency. This study uses a research method in the form of Sociological Juridical which is also called field research. According to its nature, the research to be conducted has a descriptive analytical research type. The type of data used is primary data and secondary data, and data collection tools used are field studies and literature studies. Based on the discussion discussed in this study and the data that has been collected that the validity of the guarantee of property rights to land bound using a deed of sale and purchase in Kendal regency is legal and can be carried out according to legal certainty theory, as long as the main agreement of the guarantee is not Contrary to the provisions stipulated in Article 1320 of the Civil Code regarding the legal terms of the agreement, namely agreement, competence, a certain matter and a lawful cause. The powers and responsibilities of a notary in Kendal regency are in accordance with the theory of authority that has been described, namely attributive authority, delegative authority, and mandate authority and in carrying out his position to make and register the sale and purchase deed has been meticulous and thorough as mandated by article 16 paragraph (1) UUJN. However, the notary should still propose a guarantee agreement on land and buildings tied using mortgage rights not with a sale and purchase deed so that unwanted things do not happen that can harm both parties even though in fact the duties or responsibilities of the notary are basically not responsible for the contents. The deed made before him because the contents of the deed are the will and agreement desired by the parties.
Jurisdiction Overview Implementation of Rights Transfer to Land & Building Registration with Selling-Buying Deed
Wahyu Baskoro;
Bambang Tri Bawono
Sultan Agung Notary Law Review Vol 3, No 2 (2021): June 2021
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung
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DOI: 10.30659/sanlar.3.2.542-553
The purposes of this study are to: 1) Analyze the implementation of the registration of the transfer of rights to land and or buildings with a Sale and Purchase Deed at the Surakarta City Land Office. 2) Analyzing obstacles and solutions in the implementation of the registration of the transfer of rights to land and or buildings with a Sale and Purchase Deed at the Surakarta City Land Office. This research is a normative juridical approach, with descriptive analysis research specifications. Primary and secondary data collection was obtained by interview and literature study. The results of the research are: 1) The registration of the transfer of land and building rights with the Sale and Purchase Deed at the Surakarta City Land Office begins with the stage of implementing the sale and purchase transaction between the seller and the buyer. After that the sale and purchase transaction must be made a deed of sale and purchase by the PPAT, then by the PPAT it is brought to the Land Office to be registered as a certificate of ownership for the new land title holder. After the registration process, the next step is to wait for data verification from the Land Office for the issuance of certificates. 2). The obstacle in implementing the registration of the transfer of rights to land and or buildings with a Sale and Purchase Deed at the Surakarta City Land Office is that there are still many low levels of education resulting in a lack of public legal awareness, the length of the SOP for the Transfer of Name Certificates whose proof of ownership is still in the form of a Sub-district Register C (Letter C), and the lack of counseling provided to the community regarding the importance of registering the transfer of land rights due to buying and selling, and land certificates. 3). The solution to overcome obstacles in implementing the registration of the transfer of land and or building rights with the Sale and Purchase Deed at the Surakarta City Land Office is to provide or publish brochures about the importance of registering the transfer of land rights due to buying and selling, conducting counseling, improving human resources through courses/training and fixing the administration of the organization.