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THE INVESTIGATION AUTHORITY OF CRIMINAL ACTION MONEY LAUNDERING (AML) FOR JUSTISIABLE OF MILITARY JUSTICE IRMAN PUTRA; ARIEF FAHMI LUBIS
INTERNATIONAL JOURNAL OF MULTI SCIENCE Vol. 1 No. 01 (2020): INTERNATIONAL JOURNAL OF MULTISCIENCE -APRIL EDITION
Publisher : CV KULTURA DIGITAL MEDIA

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Abstract

Investigators of predicate crimes who are authorized to conduct ML investigations have determined in a limited manner, namely only appointing investigators from the State Police agency Republic of Indonesia, Attorney General's Office, Corruption Eradication Commission (KPK), National Narcotics Agency (BNN) and the Directorate General of Taxes and the Directorate of Customs and Excise of the Ministry of Finance Republic of Indonesia, meanwhile a TNI soldier, TNI Investigator is not on the list as an investigator for predicate crimes. The purpose of this study is to analyze the authority TNI investigators in conducting an investigation of money laundering offenses allegedly committed by Justisiabel Military Courts are still a problem, on the other hand there should be no omission of every act that violates the law in the pursuit of justice and legal certainty. Method The approach used in this research is a sociological juridical approach with using secondary data and reinforced by primary data. Secondary data obtained from interviews with resource persons, and questionnaires distributed to nurses in the District Sidoarjo, while secondary data were obtained from the statute approach and conceptual approach. The sampling method chosen is the purposive sampling method which is considered to be able to represent the population. The data obtained from this study were then analyzed qualitatively to answer the problems in this research. The results of this study indicate that according to the applicable procedural law within the Military Courts which are authorized to conduct an investigation into a criminal act allegedly committed by a Judicial Justicia he military is a TNI Investigator, it turns out that it can't be applied immediately in the process ML investigation because the Law (UU TPPU) has determined otherwise, in providing ML investigation authority.
THE STATUS OF EVIDENCE PROCEEDS OF CRIME IN GENERAL AND MILITARY CRIMES IRMAN PUTRA; ARIEF FAHMI LUBIS
INTERNATIONAL JOURNAL OF MULTI SCIENCE Vol. 1 No. 06 (2020): INTERNATIONAL JOURNAL OF MULTISCIENCE -SEPTEMBER EDITION
Publisher : CV KULTURA DIGITAL MEDIA

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Abstract

Determination of the status of evidence of crimes in military courts has the same legal implications as in general courts. Based on the provisions of Article 191 of Law 31 of 1997 concerning Military Courts, it is stated that "In the case of a sentencing decision or being free from all charges or acquittal from all legal charges, the Court stipulates that the confiscated evidence be handed over to the party most entitled to receive it back whose names are listed in the the decision, except if according to the provisions of the legislation, the evidence must be confiscated for the benefit of the state or destroyed or damaged so that it cannot be used anymore", but when the court decides that the evidence is returned to the rightful person, it often issues a decision that raises the question of who is entitled to it. . The purpose of this study is to analyze using the approach method used in this study is a juridical approach by conducting a comprehensive study based on laws and regulations and also empirical juridical research, namely conducting an assessment based on observations of several court decisions which until now have not been able to return of evidence to the rightful person. The results of this study indicate that according to the procedural law applicable in the Military Courts and general courts, it is necessary for the judge to confirm in the court's decision by stating who has the right so that there is legal certainty.