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All Journal JURNAL LITIGASI (e-Journal) Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences International Journal of Science and Society (IJSOC)
Rika Kurniasari A
Universitas Pasundan, Bandung, Indonesia
Religion Arts Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Materials Science & Nanotechnology Social Sciences

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Conceptualization and Actualization of Law Living in Society on The Design of The Criminal Law Law Related to The Establishment of National Law Rika Kurniasari A
Budapest International Research and Critics Institute-Journal (BIRCI-Journal) Vol 5, No 3 (2022): Budapest International Research and Critics Institute August
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v5i3.5847

Abstract

Good law is law that is in accordance with the law that lives in society (the living law) and is in accordance with the reflection of the values that apply in that society. On progress, the main regulations of criminal law in the future which have been formulated in theRKUHP hasaccommodate the living law as part of positive law as stated in Article 2 paragraph (1) RKUHP. This research analyzes thethe conception of the rule of law that lives in society as regulated in Article 2 Paragraph (1) of the RKUHP in the context of the formation of national law. The results of the study showthat dthe implication of the principle of material legality in the RKUHP is wrong. If the formulation of the principle of material legality in Article 2 paragraph (1) of this RKUHP is not abolished and is still maintained, then the Indonesian legal system will experience a setback. Therefore, the enactment of the living law in society (the living law) in the national legal system is sufficient only to serve as the basis for the formation of national law.
Proof of Predicate Crime as a Basis for Prosecution of Money Laundering Crimes Rika Kurniasari Abdulgani
International Journal of Science and Society Vol 4 No 4 (2022): International Journal of Science and Society (IJSOC)
Publisher : GoAcademica Research & Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54783/ijsoc.v4i4.594

Abstract

Money laundering is an act that is passed on from the original criminal act (follow-up crime). In Indonesia, the criminalization of money laundering is realized by Law Number 8 of 2010 concerning the Prevention and Eradication of Money Laundering Crimes, which repeals Law Number 15 of 2002. Article 69 of Law Number 8 of 2010 explains that "it is not mandatory to prove in advance the original criminal act." This provision adopts a reversal of the burden of proof and the seizure of civil assets. This makes a difference, where money laundering is a follow-up crime, in line with the theory of "no money laundering without core crime." Proven predicate crimes can be considered for money laundering. In some court rulings, the panel of judges relied on proving a predicate crime to prove money laundering. So that the element of wealth that is reasonably suspected to be the result of a criminal act can be proven. Therefore, it is necessary to conduct an assessment of (1). What are the implications of not proving predicate crime in the judicial process of money laundering? (2). How does the predicate crime act's implementation affect the criminal justice process of money laundering?
URGENSI PENGESAHAN UNDANG-UNDANG PERAMPASAN ASET TINDAK PIDANA DALAM MENCEGAH DAN MEMBERANTAS TINDAK PIDANA PENCUCIAN UANG Rika Kurniasari Abdulgani
JURNAL LITIGASI (e-Journal) Vol. 24 No. 1 (2023)
Publisher : Faculty of Law, Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/litigasi.v24i1.7129

Abstract

A form of crime that often occurs in Indonesia is money laundering. Indonesia is declared as one of the Non-Cooperative Countries and Territories (NCTTs) countries with the threat of sanctions for termination of international banks with Indonesian banks, other countries will reject Letters of Credit (L/C) issued by Indonesian banks and Indonesian financial institutions will be charged high fees in every financial transaction with foreign institutions. Indonesia itself only criminalized money laundering in 2002 with the enactment of Law Number 15 of 2002. The Criminal Asset Forfeiture Bill is carried out by the in rem forfeiture method by asserting that a legal action is taken against the asset, not against the individual (in rem personam) with emphasis on assets allegedly derived or used in criminal acts. Allowing criminal actors to continue to control the proceeds and instruments (assets) of criminal acts will provide opportunities for criminal actors or other parties to enjoy the proceeds of crime and reuse the proceeds of crime for other crimes, so that the Criminal Asset Forfeiture Bill is indispensable in preventing and eradicating Money Laundering. Keywords: Money Laundering, Aset Forfeiture, Follow The Money, Criminal Act.
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