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All Journal LAW REFORM Syiar Hukum: Jurnal Ilmu Hukum Unifikasi: Jurnal Ilmu Hukum PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Jurnal Wawasan Yuridika Jurnal Moral Kemasyarakatan Jurnal Ius Constituendum Intellectual Law Review (ILRE) Jurnal Hukum Mimbar Justitia
Dwidja Priyatno
Sekolah Tinggi Hukum Bandung
Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Criminal Liability of Passive Money Laundering Perpetrators: Analysis of Decision Number 626/PIDSUS/2020/PN JKT.SEL Saeful Bahari, Bayu; Priyatno, Dwidja; Handayani, Trini; Rusman
Intellectual Law Review (ILRE) Vol 3 No 1 (2025): April
Publisher : Yayasan Studi Cendekia Indonesia (YSCI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59108/ilre.v3i1.75

Abstract

Criminal liability for perpetrators of passive money laundering, with a focus on the analysis of Decision Number 626/PIDSUS/2020/PN JKT.SEL. Passive money laundering refers to actions that are not directly related to the main crime but still play an important role in disguising the origin of the proceeds of crime. This study uses a normative legal method, with analysis of legislation, court decisions, and related legal literature. Law No. 8 of 2010 concerning the Prevention and Eradication of Money Laundering Crimes is the main legal basis for regulating money laundering, both active and passive. Article 5 paragraph (1) of this law stipulates that perpetrators of passive money laundering can be subject to criminal sanctions if they are proven to have received, controlled, or used assets that are known or reasonably suspected to be derived from criminal acts. In addition, the system of evidence in money laundering cases applies the principle of reverse burden of proof, whereby the defendant must prove that their assets are not the proceeds of crime. In the case analysed, the Panel of Judges ruled that the defendant was legally and convincingly proven to have committed the passive money laundering crime by trading accounts and using those accounts for illegal transactions, including online gambling. This ruling emphasises the importance of strict law enforcement in dealing with passive money laundering crimes to support effective prevention and law enforcement efforts in Indonesia.
Criminal Liability for Corporations in Handling Environmental Damage in the Cisalada River: Case Study at PT QL Agrofood Ramdani, Wildan; Dwidja Priyatno; Rusman; Kristian
Intellectual Law Review (ILRE) Vol 2 No 2 (2024): October
Publisher : Yayasan Studi Cendekia Indonesia (YSCI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59108/ilre.v2i2.74

Abstract

Environmental destruction by corporations often presents significant legal challenges, especially in establishing criminal liability. This article examines the aspects of criminal liability that can be applied to PT QL Agrofood in the case of environmental pollution and destruction in the Cisalada River. Based on this case study, an in-depth analysis of relevant environmental regulations and law enforcement mechanisms is conducted, particularly in relation to Law Number 32 of 2009 concerning Environmental Protection and Management and other relevant regulations. The main focus of this research is to assess whether Indonesia's legal structure is effective enough in reaching and taking action against corporations responsible for environmental destruction. The results show the impact on corporations and communities close to PT Ql Agrofood, as well as efforts in environmental protection and management. Using normative and empirical approaches, this article recommends improvements to regulations that can strengthen the principle of criminal liability for corporations in cases of environmental pollution.
Law Enforcement Against Foreign Nationals with Expired Travel Documents and Residence Permits Suprihantoro, Ikhwan; Dwidja Priyatno; Trini Handayani; Aji Mulyana
Intellectual Law Review (ILRE) Vol 2 No 2 (2024): October
Publisher : Yayasan Studi Cendekia Indonesia (YSCI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59108/ilre.v2i2.80

Abstract

Increased global mobility poses complex challenges for Indonesia, particularly in the management of foreign nationals (WNA) whose travel documents have expired. This research analyses the law enforcement process against foreigners whose travel documents and residence permits have expired, with a focus on the case study of the Cianjur District Court Decision Number 303/Pid.Sus/2023/PN Cjr. The research method used is normative juridical, which examines laws and regulations related to immigration and the implementation of immigration criminal investigations. The results showed that the Immigration Office Class III Non TPI Cianjur performs the function of supervision and enforcement of immigration law properly, as stipulated in Law Number 6 Year 2011 on Immigration. The case of a Nigerian foreigner, Oluchukwu Basil Ezebuo, who used an expired travel document and residence permit, became a concrete illustration of how the investigation and prosecution procedures were carried out. Enforcement involves administrative checks, seizures, and prosecution up to court hearings. The judge's verdict imposing a one-year imprisonment and a fine of five million rupiah on the defendant was considered to have fulfilled the principles of justice and legal certainty. This research concludes that strict law enforcement is needed to maintain state sovereignty and prevent the misuse of immigration documents by foreigners.
Co-Authors Agung Sujati Winata Aji Mulyana Chepi Ali Firman Z Dey Ravena Emaliawati Emaliawati Khairul Hidayat Kristian Kristian Kristian Kusumah, Gilang Rochmat M. Rendi Aridhayandi Mas Putra Zenno Januarsyah Paramitha, Sandey Tantra Ramdani, Wildan Rusman Saeful Bahari, Bayu Somawijaya Somawijaya Suprihantoro, Ikhwan Trini Handayani Widiada Gunakaya