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Surti Yustianti
Faculty of Law, Merdeka University Surabaya
Health Professions Law, Crime, Criminology & Criminal Justice

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Bank Indonesia Policy in the National Banking Crisis Resolution Surti Yustianti; Mohammad Roesli
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 11 No. 2 (2018): March
Publisher : Faculty of Law, Merdeka University Surabaya

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Abstract

This study analyzes the philosophy of banking policies which have implications for the criminal offense. In this regard, Bank Indonesia's decision is in conformity with the authority and office attached to Bank Indonesia officials. Policies made by Bank Indonesia is right or not, is bound by the principle of wise and good etiquette. Bank Indonesia officials have the authority associated with the position. If there are elements that are not good etiquette and undiplomatic in authority that caused state losses then policies can be categorized as a criminal offense banking. The aim of this study was to analyze and find Philosophy as Bank Indonesia Policy In the Bank Restructuring. Type of research is a normative legal research. This study uses the legislative approach, conceptually. Banking policy which resulted in a criminal act can be seen from the administrative aspect, and a criminal in a lawsuit conducted by Bank Indonesia officials. If Bank Indonesia officials make mistakes in order to carry out regulatory policies, the criminal incurred should be charged to the official.
Accountability of Criminal Actors Terrorism Funding Bastianto Nugroho; M. Roesli; Surti Yustianti
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 12 No. 1 (2018): September
Publisher : Faculty of Law, Merdeka University Surabaya

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The word terrorist and terrorism comes from the Latin word terrere which means more or less shaking or vibrating. The word terror can also cause horror. Of course, the horror of the victim's heart and mind. Furthermore, the term terrorism is a concept that has a sensitive connotation because terrorism causes the killing and misery of innocent people. However, until now there is no definition that can be universally accepted. Understanding terrorism for the first time discussed in the European Convention on the Suppression of Terrorism (ECST) in Europe in 1977 there was an expansion of the meaning paradigm from Crimes Against State to Crimes Against Humanity. Crimes Againts Humanity includes criminal acts to create a situation that results in individuals, groups and the general public in an atmosphere of terror. The association of terrorism with the issue of human rights violations, because of the consequences of terrorism, many of the interests of mankind are sacrificed, innocent people are made the cost of savagery and peace of life between human beings is clearly at stake. In this case there is a religious social community that introduces forms of religious implementation as a struggle strategy. The writing of this article is normative by tracing and systematically reviewing the laws and regulations associated with the criminal responsibility of financing terrorism, as well as the opinions of experts from various literature both books, articles and other freelance related to criminal law.
Regulation of Banking Policies That Brings Implication for Criminal Act Surti Yustianti; Daniel Susilo; Mohammad Roesli
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 13 No. 2 (2019): March
Publisher : Faculty of Law, Merdeka University Surabaya

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Abstract

This research analyzes banking policy regulations that have implications for criminal acts. Decisions made by Bank Indonesia are in accordance with the authority and position pinned to Bank Indonesia officials. Policies made by Bank Indonesia can be appropriate or inappropriate with the principle of prudence and good faith. Bank Indonesia officials have authority related to their position. Bad ethics and inadvertent in making policies can cause state financial losses. As a result, the policy can be categorized as a criminal offense in banking sector. This is normative legal research. This study uses a legislative, conceptual, case and comparative approaches. Banking policies that have an impact on criminal acts can be seen from administrative, civil and criminal aspects related to the mistakes made by Bank Indonesia officials. If a Bank Indonesia official commits an error in implementing policy rules, criminal responsibility must be borne by the official.
Authority of Banking Supervision And Regulation By Bank Indonesia And Financial Services Authority (OJK) Asep Hery; Surti Yustianti; Daniel Susilo
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 14 No. 1 (2019): September
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

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This study analyzes the regulatory and supervisory authority of banks conducted by the Financial Services Authority set out in Law no. 21 of 2011 which was previously undertaken by Bank Indonesia in fact to apply the principles of prudence and good faith principles to banks in order to prevent the risk of banking crime. Banking supervision and regulation after the issuance of the OJK Law (Financial Services Authority), Bank Indonesia as the central bank only acts as a monetary policy regulator to maintain monetary stability. The problem in this research is about the concept of law of regulation and supervision of banking sector by OJK and how the legal relationship with Bank Indonesia. The type of research used is juridical normative, then the data used secondary data and primary data, the approach in this study using conceptual approach, and komporatif. Bank Indonesia's regulatory and supervisory duties transferred to OJK are only related to microprudential, and the banking arrangements by Bank Indonesia are still conducted by Bank Indonesia only macroprudential, while the regulation of banking by OJK is not fully independent.
The Development of Indonesia As The Rule of Law Based On 1945 Constitution Before And After Amendments Bambang Panji Gunawan; Surti Yustianti; Mohammad Roesli; Bastianto Nugroho
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 16 No. 2 (2020): September
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

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Prior to amendment of the 1945 Constitution, constitutional basis of Indonesia that Indonesia is a state based on law is contained in the preamble of the 1945 Constitution body. Statement that Indonesia is a country of law is also mentioned in the 1945 Constitution explanation. Article 1 (3) of the 1945 Constitution states that "Indonesia is a state of law". The provisions of the aforementioned article constitute the constitutional basis that Indonesia is a state that implements a constitutional system in accordance with the elements of the legal state; law is placed as the only rule in the life of society, nation and state (supremacy of law). There is different meaning between Indonesia is a state based on law and Indonesia is a state law.Applicability of the 1945 before and after the amendment is followed by different constitutional structure, which will give different meaning as a state based on law.Continental European legal systems recognized rechtsstaat legal state while other parts of the world recognize concept of rule of law state extracted from anglosaxon states. Both laws state models prioritize different aspects. Rechtsstaat concept prioritizes wetmatigheid principles which later becomes rechtmatigheid, meanwhile the rule of law prioritize equality before the law. Due to differences in emphasis in these operations, there arose the different elements between rechtsstaat concept and rule of law concept.
Co-Authors Asep Hery Bambang Panji Gunawan Bastianto Nugroho Daniel Susilo Roesli, Mohammad