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All Journal Yuridika Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora
Paula Paula
Universitas Pelita Harapan Surabaya
Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Non-Profit Nature of Associations (Vereniging) Paula Paula
Yuridika Vol. 34 No. 2 (2019): Volume 34 No 2 May 2019
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (414.74 KB) | DOI: 10.20473/ydk.v34i2.8391

Abstract

Association (vereniging) is regulated briefly by Indonesia civil code and Stb. 1870 No. 64. There are no restriction on the purpose of establishing an association, other than by law, public order and morality. The purpose of association, which is not to seek profit, or often referred to as a nonprofit goal, is obtained from doctrine. However, there is no common understanding among law experts and practitioners regarding the notion of non profit goal and its implications. On the other hand, the role of associations in society is increasing significantly. The purpose of an association determines the scope of its activity and its governance. Therefore, this research aims to find the purpose and activities of association. This research is a doctrinal research using statue, conceptual, historical, and comparative approach. The result of this research is the term of ‘not to seek profit’ or ‘non-profit’ goal of association should be understood as the purpose other than obtaining profit for - and therefore distributing it to-its members. Associations can engage in profit-making activities as long as it complies with certain restrictions.
Analisa Pertanggungjawaban Pidana Atas Penggunaan Aset Kripto Sebagai Sarana Tindak Pidana Pencucian Uang Adinda Melinia Sari; Sari Mandiana; Paula Paula
Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora Vol. 1 No. 2 (2024): March: Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/aliansi.v1i2.85

Abstract

This research discusses the criminal act of money laundering through crypto assets and the form of criminal liability for crypto assets as an object of money laundering in Indonesia. Crypto assets function as an investment not for currency as a means of payment, but crypto assets are legally designated as digital commodity objects in the form of assets. Crypto assets have the threat of being misused as a new mode of money laundering to hide and disguise the proceeds of criminal acts. This research is structured with a statutory approach, concept approach and case approach with data collection based on literature and secondary materials.The results of the discussion of this research show that legitimate crypto assets as digital commodities can turn into illegitimate or illegal crypto assets as a result of the object of the means of criminal acts of money laundering. Money laundering through crypto assets that fulfill the elements of the criminal act of money laundering has criminal liability. The perpetrators of money laundering through crypto assets can be reached and held accountable according to the money laundering article violated in Law Number 8 Year 2010.
Perlindungan Hukum Bagi Karyawan Yang Dirugikan Akibat Penahanan Ijazah Oleh Pihak Berwenang Terkait Hak Asasi Manusia Denis Yusuf Mercury; Agustin Widjiastuti; Paula Paula
Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora Vol. 1 No. 2 (2024): March: Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/aliansi.v1i2.87

Abstract

The company as a place for providing employment, requires accepting workers the detention of the employee's original diploma as a guarantee so that employees cannot violate the rules in the company. Withholding of diplomas is a form of human rights violations that are often ignored by job providers. The purpose of writing this study is to determine the role of the government in handling cases of withholding original diplomas carried out by employers and protecting the human rights of employees to recover original diplomas withheld. The need for legal protection for employees who experience diploma withholding. The research method used by the author in this thesis is using normative research methods with literature research which is research on laws and regulations (Statute Approach) and literature or reading materials and obtained experts and scholars (Conceptual Approach) related to the material discussed. Based on research conducted in the results of the study, there are still many entrepreneurs holding diplomas. Although employers and workers enter into an employment agreement that does not include a clause withholding diplomas, but the original diplomas are still withheld on the basis of mutual trust between employers and employees. The actions of employers have been included in human rights violations, this results in employees not being able to apply for jobs elsewhere that are better in accordance with their abilities. There is a conclusion that there is a legal vacuum, there is no specific law prohibiting the withholding of diplomas.
Co-Authors Adinda Melinia Sari Agustin Widjiastuti Denis Yusuf Mercury Sari Mandiana