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Utari Maharany Barus
Program Studi Magister Ilmu Hukum Fakultas Hukum Universitas Sumatera Utara
Law, Crime, Criminology & Criminal Justice

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Itsbat Nikah Bagi Pasangan Suami Istri yang Menikah Sirri Setelah Berlakunya Kompilasi Hukum Islam (KHI) : Studi di PA Medan Tahun 2016 – 2018 Mesdi Tanjung; Hasballah Thaib; Utari Maharany Barus; Idha Aprilyana Sembiring
USU LAW JOURNAL Vol 7, No 4 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. Marriage Confirmation is a process of confirming a husband and a wife who have done sirri (unregistered) marriage. Its purpose is to obtain marriage certificate for marriage legitimating according to Article 2, paragraphs 1 and 2 of Law No. 1/1974. Basically, its implementation is intended for certain thing as stipulated in paragraphs 1, 2, and 3 of KHI (Compilation of the Islamic Laws). The research problems were how about 1) the procedure of lodging confirmation of marriage for sirri marriage, 2) judge’s consideration in handing down a verdict on the doers of sirri marriage, and 3) the legal consequence of judge’s verdict on sirri marriage in the Religious Court, Medan. The result of the research shows that the procedure of marriage confirmation is filed to the Religious Court in five steps: registering it to the Religious Court in Medan, giving the court a cash advance for the cost of lawsuit, waiting for summon for the court session, attending the hearing, and court’s verdict. The judge’s consideration in handing down the verdict is 1) in the legal ground of lodging confirmation of marriage to the Medan Religious Court whether the applicants have legal ground as specified in Article 7, paragraph 4 of KHI, 2) evidence and legal fact, 3) testimony of witnesses and evidence in the court session, 4) reasons for lodging marriage confirmation, 5) its benefit, 6) since it is traditional in some communities, and 7) it is found in Article 7, paragraph 3, letter (e) of KHI: a marriage of those who have no marriage prohibition according to Law No. 1/1974. This Article is used by the judge in the Medan Religious   Court to accept the marriage confirmation.               The legal consequence of the court’s verdict in accepting marriage confirmation for sirri marriage is 1) viewed from legality, viewed from the aspect of lodging the request for marriage confirmation, and 3) viewed from the aspect of legal standing.   Keywords: marriage confirmation, judge, religious court
Penerapan Prinsip Customer Due Diligence Di PT. Bank Muamalat Indonesia Cabang Medan Balai Kota, Tbk Dalam Rangka Mencegah Tindak Pidana Pencucian Uang Arief Rezana Dislan; Bismar Nasution; Utari Maharany Barus; Mahmud Mulyadi
USU LAW JOURNAL Vol 7, No 5 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. Banking financial institutions in particular are very vulnerable to the possibility to be used as a medium of money laundering and financing of terrorism. This is due to various factors such as financial transactions in the banking flows very fast and occur in large numbers, and their wide selection of financial transactions. Due to the function and role of the vulnerable banks would require the presence of the precautionary principle (prudent) in every activity of activities, one of which is the obligation of the application of the principle of Customer Due Diligence (CDD). Application of the principle of Customer Due Diligence is one way to combat and prevent crime-related forms of money in banks in Indonesia. The method used is a kind of normative legal research methods. This legal research will examine the legal system that aims to discover the rules of law in the field of money laundering that could provide an explanation for the application of the principle of Customer Due Diligence (CDD) in order to prevent money laundering. Source of data used: secondary data includes primary legal materials, secondary legal materials, tertiary legal materials, and also uses primary data: data collection techniques with library research to obtain secondary data, in the form of primary legal materials, secondary and tertiary legal materials. This study also uses field research is to obtain primary data that interview. The problems discussed in this research is about the application of the principle of Customer Due Diligence (CDD), the type of laundering money in the bank, and the application of the principle of Customer Due Diligence (CDD) at PT. Bank Muamalat Indonesia, Tbk in preventing money laundering. Based on the results of the study indicate that CDD provided for in Article 1 PBI / 11/28/2009 on the Implementation of Anti-Money Laundering and Combating the Financing of Terrorism for Commercial Bank which is the application of the standard recommendations of the FATF (Financial Action Task Force). There are three stages in the process of money laundering in the banking ie Placement, Layering, and Integration. Application of CDD in PT. Bank Muamalat Indonesia, Tbk contained in the internal regulations "Procedures Implementation of the Anti-Money Laundering and Combating the Financing of Terrorism" performed at the stage of acceptance and customer identification, request for information, requests for documents, verification of documents, EDD (Enhanched Due Diligence), up to the updating of the customer in accordance with FATF recommendations and legislation, especially Law No. 8 of 2010 on Money Laundering and Bank Indonesia Regulation No. PBI / 11/28/2009 on the Implementation of Anti-Money Laundering and Combating the Financing of Terrorism for Commercial Banks. Application of Customer Due Diligence (CDD) must be improved. Banks must be able to identify customers and also know the transactions conducted by customers, so as to prevent the laundering of money by utilizing the bank.   Keywords :   Customer Due Diligence, Money Laundering.
Co-Authors Arief Rezana Dislan Bismar Nasution BUDIMAN GINTING Citra Valentina Nainggolan Edi Sutra Ritonga Ekaputra, Mohammad Emirza Henderlan Harahap Gary Hadi Hasballah Thaib Hasim Purba Hasim Purba Purba Idha Aprilyana Sembiring Indi Fandaya Jelly Leviza Keizerina Devi Azwar Madiasa Ablisar Mahmud Mulyadi Marlina, Marlina Mesdi Tanjung Muhammad Hamdan Rosnidar Sembiring Runtung Runtung Runtung Sitepu Sarah Hasibuan Sriayu Aritha Panggabean Suhaidi Suhaidi Sunarmi, Sunarmi Syawal Saputra Siregar Tan Kamello Wahyu Simon Tampubolon Widya Widya