Claim Missing Document
Check
Articles

Found 23 Documents
Search

Analisis Pertanggungjawaban Pidana Terhadap Pencucian Uang Yang Menyembunyikan Aset Melalui Investasi Keluarga Pratama, Alexander; Berutu, Sigar P.; Suseno, Jarot Jati Bagus; Tarigan, Agatha Cristie Br
Lex Stricta : Jurnal Ilmu Hukum Vol. 4 No. 3 (2026)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46839/lexstricta.v4i3.1767

Abstract

This study focuses on the analysis of criminal liability in money laundering cases involving the concealment of assets through family investments. The objective is to examine the legal framework regarding the criminal offense of money laundering through family investments and to understand the evidentiary process in such cases. Using a formative legal approach, this study analyzes criminal liability for money laundering involving the concealment of assets through family investments. The results of the study indicate that family members involved in receiving or managing assets derived from criminal proceeds may be held legally liable if it is proven that they knew or should have known the source of those assets. Pursuant to Articles 5 and 6 of Law No. 8 of 2010 on the Prevention and Eradication of Money Laundering, any person associated with assets derived from criminal acts may be subject to criminal penalties. In proving money laundering offenses in Indonesia, the principle of the burden of proof is reversed, as stipulated in Article 77 of the Anti-Money Laundering Law.
Restorative Justice as an Alternative to Law Enforcement Against the Child of Motorcycle Theft Perpetrators Anggi, Jessyca Octavia; Berutu, Sigar P; Ardini, Aida
TATOHI: Jurnal Ilmu Hukum Volume 6 Issue 2, April 2026
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v6i2.3834

Abstract

Introduction: Law enforcement is a concrete effort to reflect the moral values contained in legal norms. The increasing prevalence of motor vehicle theft committed by children is rising in Medan City, supported by complex social, economic, and psychological factors.Purposes of the Research: This research aims to analyze how law enforcement is applied to children who commit motorcycle theft in Medan City, and to identify the causative factors of children's involvement in such criminal acts.Methods of the Research: The research uses a normative juridical approach with qualitative methods through interviews, observations, and literature studies.Findings of the Research: The results indicate that law enforcement against juvenile perpetrators of motor vehicle theft in Medan City is implemented based on Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, prioritizing a restorative justice approach through diversion mechanisms. This approach is applied because children have not yet achieved full psychological and emotional maturity, making rehabilitation-oriented handling more appropriate. Causative factors include: weak family supervision, peer pressure, economic hardship, low moral education, emotional instability, and inadequate community security systems. Restorative justice serves as an alternative law enforcement approach that emphasizes not only legal certainty but also more humane justice for all parties.
Criminal Responsibility For The Perpetrator Of The Crime Of Sexual Abuse Committed By A Child Perpetrator Against A Child Victim Verdict Number : 35/Pid.Sus-Anak/2023/ Pn Mdn Michael Nainggolan; Jessie; Novida Silaban; Sigar P. Berutu
Journal Equity of Law and Governance Vol. 6 No. 1
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/elg.6.1.10562.18-22

Abstract

This study examines the criminal responsibility of juvenile offenders involved in sexual abuse cases, focusing on Decision No. 35/Pid.Sus-Anak/2023/PN Mdn. Indonesia's legal framework for child protection is grounded in the 1945 Constitution and laws such as the Child Welfare Law No. 4 of 1979 and the Child Protection Law No. 35 of 2014. These laws aim to ensure children's rights to safety and balanced development, even when they are involved in criminal activities. Using a normative juridical approach, this research analyzes legal materials related to juvenile justice and child protection. The case study involves a juvenile perpetrator convicted of sexual abuse, highlighting the application of restorative justice principles. The research emphasizes that even when children commit crimes, they should receive legal protection that promotes their rehabilitation. In Decision No. 35/Pid.Sus-Anak/2023, the judge sentenced the juvenile offender to formal education and training, reflecting the goal of restorative justice, which prioritizes rehabilitation over punishment. This case illustrates the importance of considering non-juridical factors, such as psychological and social development, in the juvenile justice process. The study concludes that legal protection for children in conflict with the law should aim to foster their development into law-abiding citizens, aligning with the principles of restorative justice.