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All Journal Proceedings Series on Social Sciences & Humanities Journal of Central Banking Law and Institutions
Yunus Husein
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Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Legal and Institutional Aspects of the Financial Sector in Handling the COVID-19 Pandemic Yunus Husein; Ichsan Zikry
Journal of Central Banking Law and Institutions Vol. 1 No. 2 (2022)
Publisher : Bank Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21098/jcli.v1i2.15

Abstract

The Covid-19 pandemic has negatively impacted economic conditions, health, and social activities of the community. This study elaborated on two things. First, the legal aspects of handling the Covid-19 Pandemic. Second, it outlines the aspects of institutions involved in handling the Covid-19 Pandemic. The results of this study show that the legal aspects of the Government in dealing with the Covid-19 Pandemic are through Law No. 2 of 2020. In this regulation, at least two main things are regulated, namely the legal protection of members of the Financial System Stability Committee (KSSK) from lawsuits in exercising their authority and exceeding the deficit limit of 3 percent of GDP, furthermore, regarding institutions involved in handling the Covid-19 Pandemic, it is necessary to strengthen institutions. In this case, the institution in question is included in the KSSK members, because of its large authority in handling the Pandemic, especially for national economic recovery, as well as large state budget allocations.  The strengthening efforts that can be done are First, amendments to Law No. 2 of 2020, especially regarding the protection of the KSSK against claims and exemptions from state financial losses.  Second, the issuance of a PERPPU on supervision and reporting of financial responsibility for handling the Covid-19 Pandemic. Through these institutional strengthening efforts, it is hoped that the handling of the Pandemic, especially in the context of national economic recovery, can run optimally.
Gold Trade-Based Money Laundering and Central Banking Governance in Indonesia: Implications for Reserve Integrity, Payment Systems, and Financial System Stability Edy Suprapto; Pujiyono Pujiyono; Yunus Husein; Agung Andiojaya; Edy Suprapto; Pujiyono Pujiyono; Yunus Husein; Agung Andiojaya
Journal of Central Banking Law and Institutions Vol. 5 No. 2 (2026)
Publisher : Bank Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21098/jcli.v5i2.506

Abstract

Trade-based money laundering (TBML) has increasingly exploited commodities markets, including gold trading, to disguise illicit cross-border financial flows. In Indonesia, the growing integration of gold markets with the financial system has created vulnerabilities that threaten the financial system’s integrity, endangering its stability and effective central bank governance. This paper examines how TBML using gold affects key domains of central bank oversight in Indonesia, particularly reserve integrity, payment system monitoring, and financial system stability. The study employs a legal-institutional analytical approach, combining regulatory analysis with an institutional examination of central banking mandates and anti-money-laundering governance frameworks. The findings indicate that using gold to facilitate TBML can obscure the traceability of cross-border financial transactions, complicate monitoring of payment systems, and potentially weaken safeguards related to reserve management and financial system oversight. These vulnerabilities create governance challenges for financial authorities responsible for maintaining financial system integrity. From a normative legal perspective, the study highlights the need for strengthened regulatory coordination, improved oversight of gold-related financial transactions, and enhanced integration between supervision of Anti-Money Laundering and Combating the Financing of Terrorism (AML/CFT) measures and central bank regulatory design. Such measures are essential for safeguarding the integrity of the reserves and supporting the stability of the financial system.
Comparative Perspectives on Non-Conviction Based Asset Forfeiture: Legal Frameworks and Practices in Indonesia, United States, and United Kingdom Hanifah Azizah; Topo Santoso; Yunus Husein; Mahmud Mulyadi
Proceedings Series on Social Sciences & Humanities Vol. 14 (2023): Proceedings of International Conference on Legal Studies (ICOLAS 2023)
Publisher : UM Purwokerto Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/pssh.v14i.2258

Abstract

One of the most crucial instruments in fighting against corruption, money laundering, and transnational organized crime is non-conviction-based asset forfeiture, or NCB-AF. The seizure of assets linked to illegal activity is permitted under this mechanism without a prior criminal conviction, on the condition that robust due process protections are maintained. Using international standards such as the UN Convention Against Corruption (UNCAC), the United Nations Convention Against Transnational Organized Crime (UN-CATOC), and the Financial Action Task Force's ( FATF) recommendations, this research aims to analyze the NCB-AF laws and regulations in the following selected nations: the United States and the United Kingdom. The main research question is twofold: first, to examine the practical application and effectiveness of NCB-AF mechanisms in selected jurisdictions; and second, to synthesize key insights from these comparative models to inform the development of a robust NCB-AF framework in Indonesia. This research applies normative legal analysis through a comparative legal framework. The results show that there are many different types of models, such as civil in rem proceedings, unexplained wealth regimes, and reverse onus provisions. While NCB-AF has proven effective in asset recovery and disrupting criminal enterprises, it raises concerns regarding human rights safeguards and international cooperation. The study suggests that Indonesia should design a balanced NCB-AF framework that harmonizes international standards with constitutional protections.
Co-Authors Agung Andiojaya Agung Andiojaya Edy Suprapto Edy Suprapto Hanifah Azizah Ichsan Zikry Mahmud Mulyadi Pujiyono Pujiyono Pujiyono Pujiyono Topo Santoso Yunus Husein