Sri Pinem
Universitas Medan Area

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Analisis Yuridis Tindak Pidana Pencucian Uang (Studi Putusan No. 311/Pid.Sus/2018/Pn. Mdn) Andika Pratama; Rizkan Zulyadi; Sri Pinem
Journal of Education, Humaniora and Social Sciences (JEHSS) Vol 4, No 2 (2021): Journal of Education, Humaniora and Social Sciences (JEHSS), November
Publisher : Mahesa Research Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (921.442 KB) | DOI: 10.34007/jehss.v4i2.784

Abstract

The panel of judges adjudicating the money laundering case found the defendant guilty of the crime of money laundering from the narcotics crime, and therefore sentenced the defendant to 7 (seven) years imprisonment. Based on this, the formulation of the problems in this study: 1) How are the legal rules regarding money laundering in Indonesia, 2) How is law enforcement against the crime of money laundering in the Medan District Court, 3) What is the basis for the judge's consideration in imposing crimes against money laundering offenders in the Decision Number 311 / Pid.sus / 2018 / PN. Mdn. The research method used is descriptive method, while the data analysis technique used is descriptive qualitative. The results showed that the crime of money laundering is regulated in Law no. 8 of 2010 concerning the Prevention and Eradication of the Crime of Money Laundering (UU PP - TPPU). The threat of money laundering is regulated in Article 3, namely imprisonment for a maximum of 20 (twenty) years and a maximum fine of Rp. 10,000,000,000. The panel of judges at the District Court that adjudicates money laundering crimes acts decisively in imposing crimes, especially because the examination process usually receives public scrutiny, such as money laundering from narcotics and corruption crimes. The basis for the consideration that the panel of judges, the defendant has participated in the circulation of narcotics by receiving, transferring money as payment for narcotics, this is commonly done by the perpetrators of the Crime of Money Laundering to disguise or hide the origin of the proceeds of crime. However, the panel of judges had imposed a sentence that was too low on the defendant, namely 7 years in prison, far below the threat of money laundering in Article 3 of the TPPU Law where the defendant was found guilty, namely 20 years in prison.
Kedudukan Sanksi Pidana dalam Undang-Undang Nomor 2 Tahun 2014 Undang-Undang Jabatan Notaris Atas Terjadinya Pemalsuan Akta Otentik Praja Pranoto; Isnaini Isnaini; Sri Pinem
Journal of Education, Humaniora and Social Sciences (JEHSS) Vol 5, No 4 (2023): Journal of Education, Humaniora and Social Sciences (JEHSS), May
Publisher : Mahesa Research Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34007/jehss.v5i4.1701

Abstract

The purpose of this research is to investigate and analyse the criminal law in Indonesia regarding the falsification of authentic acts, the position of acts made before Notaris and Notaris' responsibility for acts made before it containing the elements of the criminal act of falsification. The type of research used is normative law research or doctoral law research, because this research is done or shown only on written rules or other legal materials. Hasil pembahsan menyatakan bahwa Dibentuknya kejahatan pemalsuan ini pada pokoknya ditujukan bagi perlindungan hukum atas kepercayaan masyarakat terhadap kebenaran sesuatu. Verily, Allah is All-Hearing, All-Knowing. As long as the trial lasts until a court ruling with a fixed legal force, the Notaris act shall remain valid and bind the parties or any party to that act. According to the UNRWA, it was arranged that when Notaris in running his office was proven to have committed an infringement, then Notaris could be subject to or subject to sanctions, such as provisional sanctions, administrative and ethical codes of the Notaris office.