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All Journal Syiar Hukum: Jurnal Ilmu Hukum Lentera Hukum Nurani: Jurnal Kajian Syariah dan Masyarakat REKAYASA Jurnal Cakrawala Hukum Jurnal Hukum IUS QUIA IUSTUM Syntax Literate: Jurnal Ilmiah Indonesia Unes Law Review Jurnal Ilmiah Penegakan Hukum Pattimura Law Journal Legal Protection for the Partnership Agreement Parties Jurnal Yustitia Equivalent: Jurnal Ilmiah Sosial Teknik IIJSE Delicti : Jurnal Hukum Pidana Dan Kriminologi
Mohammad Arief Amrullah
Faculty Of Law, University Of Jember, Jember
Agriculture, Biological Sciences & Forestry Humanities Computer Science & IT Economics, Econometrics & Finance Education Electrical & Electronics Engineering Engineering Environmental Science Industrial & Manufacturing Engineering Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences Other

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Counter Measures Criminal Act Of Narcotics Mohammad Arief Amrullah; Revency Vania Rugebregt
Pattimura Law Journal VOLUME 1 ISSUE 2, MARCH 2017
Publisher : Faculty of Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palau.v1i2.94

Abstract

Narcotics crimes that are part of organized crime are essentially one of crimes against development and crimes against social welfare that are central to national and international concerns and concerns. It is very reasonable, given the scope and dimensions so vast, that its activities contain features as organized crime, white-collar crime, corporate crime, and transnational crime. In fact, by means of technology can be one form of cyber crime. Based on such characteristics, the impacts and casualties are also very wide for the development and welfare of the community. It can even weaken national resilience.
The Countermeasure Of Criminal Act Of Terrorism Financing Through Money Laundering M Arief Amrullah
Pattimura Law Journal VOLUME 6 ISSUE 2, MARCH 2022
Publisher : Faculty of Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palau.v6i2.949

Abstract

The changes in the global economy have given a benefit to the criminals. They are taking advantage by increasing the flow of goods, money, and people across the world. This reality develops into various threats to national and global interests. One of them is related to terrorism financing and money laundering, which become immortal issues that are needed prevention by cutting the chain of terrorism financing loop through money laundering. In this regard, the FATF has issued the IX Special Recommendations related to funding for terrorism and has been incorporated in the FATF Forty Recommendations on money laundering as a basic framework to find, prevent and eradicate terrorism financing and terrorist acts in general.These particular recommendations have been implemented in the Law of the Republic of Indonesia Number 8 the Year 2010 Regarding Countermeasures and Eradication of Money Laundering. Furthermore, specifically regarding terrorism funding is regulated in Law Number 9 of 2013, which is the right step for Indonesia in participating in fighting terrorist groups and their financing.Therefore, bank and non-bank financial institutions must be aware of the possibility of these institutions being used as a place of money laundering to finance terrorist activities by applying the principles of Know your customer and the regulations of knowing the users.
KONSEP PENERAPAN PERLINDUNGAN HUKUM SAKSI DALAM MENGUNGKAP KASUS KORUPSI DALAM SISTEM PERADILAN PIDANA Partha, Putu Gde Nuraharja Adi; Amrullah, M. Arief; Tanuwijaya, Fanny
Jurnal Yustitia Vol 25, No 1 (2024): YUSTITIA
Publisher : Universitas Madura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53712/yustitia.v25i1.2306

Abstract

AbstrakJaminan perlindungan terhadap saksi dan korban dalam tindak pidana korupsi berperan penting dalam proses peradilan pidana dengan memastikan kesaksian mereka diberikan tanpa rasa takut dan ancaman, sebagaimana diatur dalam Undang-Undang Nomor 31 Tahun 2014, karena keterlibatan saksi korban tidak hanya menjadi kunci dalam mengungkap kebenaran serta memastikan keadilan tercapai, tetapi juga berperan dalam pengembalian aset tindak pidana korupsi, meskipun masih terdapat tantangan seperti kurangnya pemahaman tentang perlindungan saksi korban dan keterbatasan sumber daya. Hasil penerlitian menunjukkan bahwa Konsep perlindungan saksi korban dalam kasus korupsi, terutama terkait dengan pengembalian aset tindak pidana korupsi, yang diimplementasikan dalam Putusan Hakim Nomor 34/PID.SUS-TPK/2020/PN.JKT.PST tentang Kasus Jiwasraya memiliki peran penting dalam memastikan keadilan dan kebenaran terwujud. Dalam konteks kasus Jiwasraya, saksi korban memainkan peran yang sangat penting dalam mengungkap kebenaran dan memberikan bukti yang diperlukan untuk menuntut pelaku korupsi.  Penerapan perlindungan hukum terhadap saksi korban dalam upaya pengembalian aset tindak pidana korupsi dalam Putusan Hakim Nomor 34/Pid.Sus TPK/2020/PN.Jkt.Pst diperlukan untuk menuntut pelaku korupsi. Perlindungan hukum yang diberikan kepada saksi korban meliputi perlindungan terhadap keamanan pribadi, keluarga, dan harta bendanya. Hal ini penting untuk melindungi saksi korban dari ancaman, intimidasi, atau balasan yang mungkin diterima sebagai akibat dari kesaksiannya.
Paradigm Shift of Death Penalty Regulation in the New Criminal Code (KUHP) of Indonesia Amrullah, M. Arief
Lentera Hukum Vol 11 No 1 (2024): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v11i1.45809

Abstract

The arrangement of death penalty in the new Criminal Code (KUHP) raises two different views between those who defend and reject death penalty. In this regard, this paper aims to find the reasoning for the retention of death penalty in the new Criminal Code, which was passed in 2022. This paper will also discuss what has caused the shift of death penalty allocation, from its position as a main to an alternative punishment with ten years’ probation period. The death penalty regulation in the Dutch Criminal Code is no longer in accordance with the development of punishment, so it requires a renewal. In the new KUHP, death penalty is the last resort and is imposed alternatively with a ten-year probation period. If the convict shows a good and commendable attitude during the imprisonment, then the death penalty can be changed into life imprisonment or imprisonment for a maximum of twenty years. The arrangement of a ten-year probation period is a middle way to accommodate views that reject and support the death penalty, which demonstrates the essence of shifting the allocation of death penalty to an alternative punishment in Indonesia.KEYWORDS: Paradigm shift, Criminal Punishment, Death Penalty, Legal Reasoning, Indonesia.
The Urgency of Criminal Liability For Beneficial Owners In Corporations Based on Presidential Regulation No. 13 of 2018 Eka Sumahendra, I Gede; Amrullah, M. Arief; Tanuwijaya, Fanny
UNES Law Review Vol. 6 No. 3 (2024): UNES LAW REVIEW (Maret 2024)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i3.1700

Abstract

The issue of accountability of beneficial owners despite juridical Article 6 paragraph 2 of the Anti-Money Laundering Law arises because Article 6 paragraph 2 of the Anti-Money Laundering Law does not provide clarity on whether beneficial owners can be considered as corporations, considering that beneficial owners are outside the corporate structure. The focus of the issue revolves around the criminal accountability of Beneficial Owners in Corporations if they engage in Money Laundering and efforts to prevent money laundering activities carried out by the beneficial owners of corporations based on Presidential Regulation No. 13 of 2018. The urgency of Presidential Regulation No. 13 of 2018 regarding the application of the principles of beneficial ownership in corporations in the prevention and eradication of money laundering is to provide transparency regarding the definition of beneficial owners, their position, policy principles, and objectives. The legal basis for the criminal accountability of beneficial owners in corporations related to money laundering faces a vacuum of regulations, making it difficult for law enforcement to establish a foundation focusing on beneficial owners as controllers of corporations, which is not accommodated in current law. This creates a legal loophole that allows them to engage in money laundering without criminal accountability.
Tujuan Hukum Berkeadilan Dalam Relasi Negara, Masyarakat Dan Kelompok Minoritas Di Indonesia Anggoro, Setyo Bimo; Rochman, M. Zainur; Amrullah, Arief; Setyawan, Fendy
Jurnal Ilmiah Penegakan Hukum Vol. 11 No. 1 (2024): JURNAL ILMIAH PENEGAKAN HUKUM JUNI
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/jiph.v11i1.11032

Abstract

This writing aims to capture, examine, and analyze issues related to violations occurring in Indonesia experienced by minority groups. Additionally, it seeks to analyze and delve deeper into the challenges and solutions in realizing legal objectives in Indonesia regarding the protection of minority groups. The prevalence of intolerance throughout human history has often led to violent actions against minority groups, both physically and psychologically. Indeed, violence is not only perpetrated by individuals or groups but is also carried out by the state. The focus of the problem is on the state's conception of providing protection to minority groups and the extent of the government's role in minimizing these violations to achieve the just goals of the law. This study employs the legal research method to address the raised issues. In the discussion, the government should anticipate not contributing to intolerant attitudes, both through policy products and actions. Moreover, the state should take decisive actions against all forms of intolerance experienced by minority groups and be responsible for the recovery of minority groups who have become victims
Characteristics of Legal Science as Sui Generis Syadzwina, Dhifa Nadhira; Octavianus, Dwi Caesar; Amrullah, M. Arief; Setyawan, Fendi; Subhan, Ahmad
Nurani Vol 23 No 2 (2023): Nurani: jurnal kajian syari'ah dan masyarakat
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/nurani.v23i2.20165

Abstract

Philosophy is a process of reasoning in thinking to make a conclusion to gain knowledge, because humans are thinking creatures, every attitude and action must come from knowledge based on the thinking process. Until now, the position of legal science is still debated because law is perspective and normative, the characteristics of legal science are doubtful in social science or humanities because it has its own characteristics, called sui generis. This research aims to examine the characteristics of legal science as sui generis from the perspective of the philosophy of science. The research method uses normative juridical with secondary data analysis that is related with the problem in a descriptive-qualitative with a philosophy of science perspective. The results showed that the parameters of sui generis can be seen from the perspective of normative science, terminology in a broad and narrow sense, the type and scope of knowledge in normative science and empirical science, also layers of legal science in the form of legal dogmatics, legal theory, and legal philosophy law. Legal science need to understand the history of development of law as the key to identifying sui generis characteristics through analysis of legal theory, legal concepts, and legal principles philosophically in certain conceptual viewpoints as fundamental to legal science, apart from that, legal research is also needed.
- Specialized Rehabilitation of Military Personnel Convicted of Narcotics Crimes: A Normative Legal Study Alfianti, Diana; Amrullah, M. Arief; Tanuwijaya, Fanny; Utomo, Hari
Al-Risalah Vol 21 No 2 (2021): December 2021
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v21i2.917

Abstract

This study focuses on the specialized rehabilitation of military personnel who have been convicted of narcotics crimes. Its aim was to comprehend the meaning, urgency, and concept of rehabilitating individuals within the military who have been found guilty of such crimes. To achieve this aim, the methodology used is normative legal study with statutory, contextual, case-based, and comparative approaches. Furthermore, the legal sources utilized consisted of both primary and secondary legislation. The results obtained from this study showed that rehabilitation for incarcerated military personnel involved in narcotic crimes corresponds to an endeavor aimed at providing exceptional rehabilitation specifically tailored to their circumstances. It is also important to note that the urgency of rehabilitation is closely related to the vested interest of the military in continuing the rehabilitation process, aligning with the initial recommendation. The state should, hence, give careful consideration to the implementation of specialized medical and social rehabilitation programs for military personnel who have been convicted of narcotic crimes. It is of utmost importance to establish a comprehensive framework within military agencies to facilitate the execution of medical and social rehabilitation measures for military members involved in narcotics offenses, including the necessary funding. In conclusion, the imposition of specialized rehabilitation measures, in conjunction with imprisonment, is essential for military personnel that are convicted of these crimes before their reintegration into society. This approach makes the state responsible for addressing the repercussions of their actions and providing tailored rehabilitation support to prevent any lingering resentment, minimize the risk of their recruitment by adversaries of the state, and enable their potential contributions if required in the future.
Sanksi Publisitas Dalam Bentuk Pidana Pengumuman Putusan Pengadilan Terhadap Korporasi Pelaku Perdagangan Orang Ivanna Eltiara Cahyani; Amrullah, Arief; Dina Tsalits Wildana
Delicti : Jurnal Hukum Pidana Dan Kriminologi Vol. 2 No. 1 (2024)
Publisher : Fakultas Hukum Universitas Andalas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/delicti.v.2.i.1.p.51-66.2024

Abstract

Indonesia ratified the Law Number 21 of 2007 on the Eradication of Criminal Acts of Trafficking in Persons (UUPTPPO) which contains comprehensive regulations that expand the scope of perpetrators by including corporations. Fine penalty only has a financial impact and is considered as business loss for corporations. In addition, the additional penalties provided for by the law do not have much impact on corporations as they can still operate without a license. The trend of corporations to seek maximum profit, coupled with the lack of knowledge of victims about the modes of human trafficking crimes, makes it necessary to impose additional penalties such as the announcement of the court's decision. This study aims to explain the urgency of the announcement of the court's decision as an additional penalty and to provide ideas for its implementation scheme. The research results show that the announcement of the court's decision is a formal publicity sanction that has never been applied in Indonesia. As input to fill the legal vacuum, limited formal publicity sanction mechanisms can be used as a reference for implementation. Through such a mechanism, the announcement of the court's decision is aimed at lowering the reputation and inducing government intervention.
Notary’s Obligations to Prevent Suspicious Financial Transactions in Money Laundering Crimes Fadhilla, Dhia Savira; Amrullah, Mohammad Arief; Azizah, Ainul
Indonesian Interdisciplinary Journal of Sharia Economics (IIJSE) Vol 8 No 1 (2025): Sharia Economics
Publisher : Sharia Economics Department Universitas KH. Abdul Chalim, Mojokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31538/iijse.v8i1.7056

Abstract

Notaries dom’t have guidelines and guidance to prevent the occurrence of money laundering crimes that are faced with various types and characteristics of their opponents. The ambiguity of the norms in Article 16 paragraph (1) letter a of the Notary Law should be able to state the obligations of Notaries in carrying out their duties, must act in a trustworthy, honest, fair, independent, impartial manner and protect the interests of the parties involved in legal acts. This type of research is normative juridical using 3 (three) types of approaches, namely the statutory approach, the conceptual approach and the comparative approach. Based on the results of the study, it can be concluded that Notaries are required to apply the Principle of Recognizing Service Users (PMPJ) as part of implementing the principle of prudence, at least including identification of Service Users, verification of Service Users and monitoring of Service User transactions. This application applies to Notaries in providing services when preparing and conducting transactions for the benefit of or for and on behalf of Service Users, regarding the purchase and sale of property, management of money, securities, and/or other financial service products, management of checking accounts, savings accounts, deposit accounts, and/or securities accounts, operation and management of companies and/or establishment, purchase, sale of legal entities. Notaries can implement applications such as Data Banks for their parties who will create PPJB Deeds and Powers of Attorney for Sale and Purchase that are in accordance with KTP and KK, so as to minimize the occurrence of money laundering. Especially related to land, the land ownership limit must not exceed 20 hectares + 5 hectares.
Co-Authors Ahmad Subhan Ainul Azizah Alfianti, Diana Ana Laela Fatikhatul Choiriyah Anggoro, Setyo Bimo Badami, Kaswan Bayu Dwi Anggono Diana Nurus Sholehah Dina Tsalits Wildana Dyah Ochtorina Susanti Eka Sumahendra, I Gede Fadhilla, Dhia Savira Fanny Tanuwijaya Fendi Setyawan Hari Utomo Inayatul Anisah Ivanna Eltiara Cahyani Kusumaningrum, Yuli Dinata Muhammad Imaduddin Octavianus, Dwi Caesar Partha, Putu Gde Nuraharja Adi Revency Vania Rugebregt Rochman, M. Zainur Rugebregt, Revency Vania Setyawan, Fendy Syadzwina, Dhifa Nadhira