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All Journal Jurnal Cakrawala Hukum Jurnal Ilmu Hukum The Juris Jambura Law Review Hermeneutika : Jurnal Ilmu Hukum LEGAL BRIEF
Abd Asis
Departemen Hukum Pidana, Fakultas Hukum, Universitas Hasanuddin
Law, Crime, Criminology & Criminal Justice

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Journal : LEGAL BRIEF

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Law Enforcement Of The Crime Of Illegal Fishing In The Waters Area Of Pangkajene Regency And The Islands Muhammad Fauzi Ramadhan; Abd. Asis; Audyna Mayasari Muin
LEGAL BRIEF Vol. 11 No. 3 (2022): August: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (295.361 KB) | DOI: 10.35335/legal.v11i3.410

Abstract

Law enforcement of illegal fishing in the waters of Pangkajene and the islands has not been effective. This research is an empirical normative research, combining the normative legal approach to legislation with empirical elements in the form of interviews. The results of the study show that law enforcement of criminal acts in the field of fisheries in the Pangkajene and archipelagic waters has not been effective, this is due to a conflict of norms between one regulation and another related to the marine and fisheries sector, which causes law enforcement officers to find it difficult to implement which rules to enforce. In addition, the existence of an ego-sectoral relationship between law enforcement officers causes law enforcement to still not go hand in hand with each other and the ability of prosecutors and judges to complete the mighty crime of illegal fishing in the Pangkajene and Kepualuan districts.
Analysis of Evidence for the Crime of Money Laundering That Does Not Require Preliminary Proof of the Predicate Crime Musdayanti; Abd. Asis; Audyna Mayasari Muin
LEGAL BRIEF Vol. 11 No. 5 (2022): Desember: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (310.651 KB) | DOI: 10.35335/legal.v11i5.517

Abstract

This study aims to analyze the the Legislative Ratio Article 69 UURI No. 8 of 2010 concerning Prevention and Eradication of the Crime of Money Laundering that Does Not Require Proof of Excess Preliminary Crime in the Crime of Money Laundering. The research was conducted using a normative juridical research method using a statutory approach, a case approach, and a conceptual approach. The results of the study indicate that the process of handling money laundering cases is essentially very dependent on the original crime as contained in the provisions of Article 2 UURI No. 8 of 2010 which is an element in the crime of money laundering must come from a criminal act. In line with the above basis, Article 69 has been formulated which reads “In order to be able to carry out investigations, prosecutions, examinations in court proceedings against the crime of money laundering, it is not necessary to first prove the original crime”. Where the crime of money laundering can be investigated, prosecuted, and brought to court without having to first prove the original crime and not having to wait for the verdict of the predicate crime which has permanent legal force (inkracht).
Co-Authors Ariefulloh Ariefulloh Audyna Mayasari Muin Audyna Mayasari Muin Dara Indrawati Dara Indrawati Dewi Athirah Aksan Ervinadia Ghita Syahfitri Ilyas, Amir Kadarudin Kadarudin M Said Karim Marthen Napang Maskun Muhadar Muhadar Muhammad Fauzi Ramadhan Musdayanti Nurhuda Kika Siti Isti Dwi Pratiwi Slamet Sampurno Slamet Sampurno S.