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All Journal Jurnal Ilmiah Penegakan Hukum Jurnal Hukum Lex Generalis ULJLS
Sunarmi
Universitas Sumatera Utara
Law, Crime, Criminology & Criminal Justice

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Shifting of Social Functions on Management of Foundation in Medan City Sunarmi; Mirza Nasution; Zakiah
Jurnal Ilmiah Penegakan Hukum Vol. 10 No. 1 (2023): JURNAL ILMIAH PENEGAKAN HUKUM JUNI
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/jiph.v10i1.7549

Abstract

In founding the foundation there is also no uniformity. Notaries usually do not have a standard format regarding the founding deed of the foundation. As a result, each foundation can have its own articles of association as well as the Civil Society Association. Each foundation can make the articles of association according to their needs. The study was conducted using a normative juridical approach with the aim of obtaining secondary data, namely the inventory of legislation and data collection tools in the form of document studies. The foundation was established and developed with the family's efforts so that when the foundation developed rapidly and had many assets, the assets were owned by the family, family assets. The foundation is managed jointly by the family so that when a foundation regulation is established demanding changes to the Articles of Association, this means that there will be separation of foundation assets, restoration of the social functions of the foundation, transparency of accountability and publicity of the foundation's financial statements and ownership of the foundation belongs to the community. This condition is certainly burdensome for the foundation's owners
JURIDICAL ANALYSIS OF THE USE OF CRYPTOCURRENCY (CRYPTO ASSETS) AS A MEANS OF MONEY LAUNDERING AND ITS HANDLING BASED ON THE REGULATIONS OF THE COMMODITY FUTURES TRADING SUPERVISORY AGENCY (BAPPEBTI) NO.5 AND NO.6 OF 2019 Achmad Kamal Mansur Siregar; Sunarmi; Robert
Ultimate Journal of Legal Studies Vol. 3 No. 2 (2025): Development of Legal Science
Publisher : Talenta Publisher

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Abstract

The development of financial technology has given rise to Cryptocurrency as a popular form of digital asset in various parts of the world, including Indonesia. Its decentralized nature, high anonymity, and ease of cross-border transactions make Cryptocurrency an instrument vulnerable to misuse, including as a means of money laundering (TPPU). This study aims to: (1) analyze the legal provisions governing the prohibition of Cryptocurrency as a means of money laundering; (2) assess the extent to which Indonesian positive law, specifically BAPPEBTI Regulation No. 5 of 2019 and BAPPEBTI Regulation No. 6 of 2019, is adequate in preventing crypto misuse; and (3) identify strategies for prevention, supervision, and enforcement against crypto-based money laundering practices in Indonesia. The research method used is normative legal research with a juridical-descriptive approach. The research data was obtained from primary legal materials in the form of laws and court decisions, as well as secondary legal materials in the form of legal literature, scientific journals, official agency reports, and actual case studies. The analysis was conducted qualitatively by interpreting and examining the alignment between legal norms and field practices. The results show that although BAPPEBTI Regulations No. 5 and No. 6 of 2019 provide a legal basis for regulating the trading of crypto assets as digital commodities, these regulations still focus more on the technical aspects of trading and asset registration, rather than on preventing money laundering. This indicates that national legal instruments still have weaknesses in terms of enforcement, inter-agency coordination, human resource capacity, and international cooperation.
Pertanggung Jawaban Pidana Penghimpunan Dana Masyarakat Tanpa Izin melalui Arisan Online: Analisis Putusan No.119/Pid.Sus/2017/Pn.Tanjung Pandan Muhammad Tezar Emiral; Madiasa Ablisar; Sunarmi; Mahmud Mulyadi
Jurnal Hukum Lex Generalis Vol 7 No 7 (2026): Tema Hukum Pidana
Publisher : Himpunan Ilmu Hukum dan Ilmu Hukum Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v7i7.3963

Abstract

This study analyzes the criminal act of collecting public funds without a permit through online arisan (social savings and credit) in Decision Number 119/Pid.Sus/2017/PN Tdn. The issues examined are the qualifications of the crime and the judge's considerations in issuing the verdict. The study uses a normative juridical method with a statutory and case-based approach. The results show that the defendant's actions fulfill all elements of the crime of collecting funds without a permit, so that an 11-year prison sentence and a fine of IDR 10 billion are appropriate. It is recommended that supervision of illegal online arisan be increased and that the public verify the legality of organizers before participating.
Co-Authors Achmad Kamal Mansur Siregar Alvi Syahrin Madiasa Ablisar Mahmud Mulyadi Mirza Nasution Moch. Ekaputra Muhammad Tezar Emiral Robert Roi Baringin Tambunan Zakiah