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- TINDAK PIDANA PENGGELAPAN TERKAIT DALAM HUBUNGAN PEKERJAAN (PUTUSAN NOMOR:46/PID.B/2021/PN.WGP) : - Jhansen Valix Hutapea; Maria Silvya E. Wangga
Reformasi Hukum Trisakti Vol 6 No 2 (2024): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v6i2.19837

Abstract

Embezzlement committed by adults is a crime that is very troubling to society because it results in significant losses. The formulation of the problem of this article is whether the act of embezzlement committed by a person due to his employment relationship meets the formulation in Article 372 of the Criminal Code? and how is the determination of the conviction of the perpetrator who committed embezzlement in the employment relationship in the court decision Number:46/Pid.B/Pn.Wgp. The research method is normative with the nature of descriptive analytical research, the type of data used is secondary data, quantitative data analysis, and conclusions based on the deductive method. The results showed that the acts of perpetrators of embezzlement of cattle by Augustine Taka Njanji against Melkianus Damu Patimara do not meet the elements of Article 372 of the Criminal Code because the core offense of Article 372 of the criminal code is only ordinary embezzlement and its general nature, the appropriate article should be Article 374 of the Criminal Code because the perpetrator and victim are bound by an employment relationship. The conclusion is the Afghan government's responsibility for the conflict is to protect civil society and provide compensation to the victims
PENGATURAN DAN PENGELOLAAN  PERAMPASAN ASET HASIL TINDAK PIDANA DI INDONESIA DAN AUSTRALIA: Regulation and Management of Asset Forfeiture of Criminal Proceeds in Indonesia and Australia Daniel Wewo Godo Kana Lo; Maria Silvya E. Wangga
Jurnal Hukum PRIORIS Vol. 13 No. 1 (2025): Jurnal Hukum Prioris Volume 13 Nomor 1 Tahun 2025
Publisher : Faculty of Law, Trisakti University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/prio.v13i1.24837

Abstract

Asset forfeiture is often linked to financial smuggling resulting from a crime. The United Nations Convention Against Corruption (UNCAC), encourages its member states to implement asset forfeiture as part of efforts to eradicate corruption and money laundering. Indonesia through Law Number 31 Year 1999 on the Eradication of Corruption, while Australia through the Proceeds of Crime Act 2002. In this issue there are at least 2 (two) problem formulations, namely: 1). How is the Regulation of Asset Forfeiture of Proceeds of Crime in Indonesia and Australia? 2). How is the Management of the Proceeds of Crime Asset Forfeiture in Indonesia and Australia? The normative research method with the nature of descriptive research. The results of the discussion and conclusions are as follows are namely Australia more comprehensively regulates asset forfeiture while Indonesia is still in the form of an Asset Forfeiture Bill. In Indonesia, the management of asset forfeiture proceeds is managed by the Directorate General of State Assets (DJKN) while in Australia by specialized institutions namely the Australian Financial Security Authority (AFSA), Australian Federal Police (AFP), and Confiscated Assets Account (CAA).