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Law Enforcement towards Money Laundering Prepertrators Reviewed From the Presumption of Innocence Rezza Ardiansyah; Eddy Rifa’i; Nikmah Rosidah
Corruptio Vol 2 No 1 (2021)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/corruptio.v2i1.2258

Abstract

Law enforcement against perpetrators of money laundering crimes has recently become a separate polemic for many law enforcers who have problems, especially about the confiscation of assets suspected of being the result of money laundering, not guided by the presumption of innocence. This writing problem is how law enforcement is against money laundering perpetrators based on the presumption of innocence and how law enforcers should confiscate assets resulting from money laundering based on the presumption of innocence. Penelitian ini menggunakan pendekatan Yuridis Normatif dan Empiris. Normative research is carried out on theoretical matters in legal principles, while the empirical approach is carried out to study the law that occurs in the field. The results showed that law enforcement against money laundering perpetrators who have money laundering proceeds based on the presumption of innocence is carried out by law enforcement through confiscation. The confiscation process does not violate the principle of presumption of innocence because this is a security measure so that the suspected items do not move and transfer to a third party until the trial process is completed and has permanent legal force. Law enforcers should take action in confiscating the assets of money laundering proceeds based on the presumption of innocence must be proportional and prioritize the principles of prudence and prudence as long as it does not violate human rights and is carried out objectively by looking at whether the assets have anything to do with money laundering.
Upaya Penanggulangan Hukum Pembunuhan Yang Dilakukan Anak Terhadap Keluarga Alinar Ristika Gamis; Emilia Susanti; Nikmah Rosidah
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.v1i2.103

Abstract

This research aims to analyze efforts to overcome the law of murder committed by children against their families. The type of research used is normative empirical. The data source was obtained from the field, namely LPKA Bandar Lampung. The results of the criminological analysis show that the crime of murder committed by children against their biological family is due to the presence of affection factors (Social Control Theory), anomie theory, differential association theory. The most dominant factor that causes the crime of murder committed by children is the factor of love for them from their families, especially their parents. Efforts to overcome murders committed by children against their biological families are through penal and non-penal means. The limitation of this research is that it only focuses on cases of child murder committed against their biological family and is not aimed at cases of murder against other people and the surrounding community. The contribution of this research at LPKA Bandar Lampung is to provide education regarding the applicable laws related to the murder of children against families.