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All Journal JURNAL MAGISTER HUKUM UDAYANA Jambura Law Review International Journal of Educational Review, Law And Social Sciences (IJERLAS)
Setiawan Noerdajasakti
Faculty Of Law Universitas Brawijaya
Religion Humanities Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences Other

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Criminal Action Without Proven in Money Laundering in Indonesia Fadel Ilato; Abdul Majid; Setiawan Noerdajasakti
Jambura Law Review VOLUME 3 SPECIAL ISSUES APRIL 2021
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (365.493 KB) | DOI: 10.33756/jlr.v3i0.7162

Abstract

Money laundering is a follow-up crime, an underlying crime from a predicate crime, so that the existence of money laundering cannot be separated from the original crime. How can money laundering occur without proving the original crime? Therefore, the aim of this study is to analyze the legal implications of predicate offenses without substantiation in money laundering in Indonesia. This research is juridical-normative research, which uses a statutory approach and a case approach. The results of this study indicate that there are legal implications for predicate offenses without proof in money laundering in Indonesia. Starting from breaking through the presumption of innocence and inconsistencies in legal norms in the TPPU Law. So, it is necessary to change the construction of norms contained in article 69 related to proving predicate crimes in TPPU.
COMPARISON OF THE JUDICIAL FORGIVENESS (RECHTERLIJK PARDON) BETWEEN CIVIL LAW SYSTEM AND ISLAMIC LAW SYSTEM (FINDING THE FORMULATION OF THE PRINCIPLE OF RECHTERLIJK PARDON IN INDONESIAN CRIMINAL LAW) Budimansyah; Prija Djatmika; Rachmad Safa’at; Setiawan Noerdajasakti
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 3 No. 4 (2023): July
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v3i4.946

Abstract

This study falls under the category of normative legal research or doctrinal legal research. Primary legal resources, secondary legal materials, and tertiary legal materials are all used library research techniques for gathering legal materials (library research). In contrast, the descriptive analysis approach is used for data processing. According to the conclusions of this study, various civil law system nations, like the Netherlands, Greece, and Portugal, use the principle of judicial forgiveness (rechterlijk pardon). However, long before these nations implemented the principle of forgiveness (rechterlijk pardon) in their criminal law, Islamic criminal law used principle of forgiveness first in jarimah qadzaf (accusing adultery), jarimah qishas-diyat, and jarimah Ta'zir. Compared to the principle of forgiveness (rechterlijk pardon) in the civil law system, the principle of forgiveness (rechterlijk pardon) in Islamic criminal law offers benefits. The formulation of the principle of judicial forgiveness (rechterlijk pardon) in Indonesian criminal law in the future is to prescribe the principle of judicial forgiveness in Islamic criminal law since it is seen to have advantages. Furthermore, incorporating the notion of judicial forgiveness (rechterlijk pardon) from Islamic criminal law into Indonesian criminal law is sociologically consistent with the legal knowledge of the Indonesian people, the majority of whom are Muslims.
Relation Between Plea of Guilty and Defendants Right in RUU KUHAP (An Overview Through “Jalur Khusus” System) Intan Khoirun Nisa'; Abdul Madjid; Setiawan Noerdajasakti
Jurnal Magister Hukum Udayana (Udayana Master Law Journal) Vol 12 No 4 (2023)
Publisher : University of Udayana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/JMHU.2023.v12.i04.p06

Abstract

The stacks of cases in judicial institutions hinder achieving the principles of fast, simple, low-cost justice. Through the Drafting Team for the Criminal Procedure Code Draft, the intention is to try to adopt a system that commonly applies in the common law legal system, namely plea bargaining “jalur khusus”” which is shown in Article 199 of the RUU KUHAP. This research intends to examine the concept of plea of guilty used in special channels and to look for the relationship between giving a plea of guilty and the rights of the defendant. This research uses normative juridical research methods or library legal research using conceptual and analytical approaches. The technique for collecting legal materials used is the library research model. From this research it can be concluded that the plea of guilty given by the defendant to the indictment by the public prosecutor must be voluntary, in this case, the judge will assess the truth of the Plea of Guilty. It brings consequences that the trial process will faster for the defendant. However, ““jalur khusus”” do not specifically regulate what defendant right will release if he confesses to the charges, moreover there is a gap that need to be resolve. This has the potential for uncertainty for the defendant. Apart from that, there is no regulation regarding the right to file legal action which will have an impact on the defendant's right to obtain legal certainty regarding efficient time to achieve a speedy trial.
SENTENCING OF CHILD OFFENDERS UNDER 14 YEARS OLD IN CASES OF SEXUAL VIOLENCE AGAINST CHILDREN BASED ON THE PRINCIPLE OF THE BEST INTERESTS OF THE VICTIM Geraldo Gracelo Mario Situmeang; Setiawan Noerdajasakti; Abdul Madjid
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 3 (2025): May
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i3.2823

Abstract

The imposition of sanctions on child offenders under 14 years old in cases of sexual violence against children presents a legal dilemma between protecting the child offender and upholding the rights of the victim. Law No. 11 of 2012 on the Juvenile Justice System (Law on Juvenile Justice System) stipulates that children under 14 years old may only be subjected to measures, while Law No. 12 of 2022 on Sexual Violence Crimes (Law on Sexual Violence Crimes) emphasizes victim protection and recovery. This article examines the imbalance between these two regulations and analyzes the most appropriate sanctions based on the principle of the best interests of the victim. Using a normative juridical approach and case studies, it is found that while the Law on Juvenile Justice System aims to protect child offenders from the adverse effects of criminal sanctions, in cases of sexual violence against children, this approach risks neglecting victims’ rights. Therefore, a more flexible legal interpretation is needed to ensure that sanctions not only focus on the offender but also consider justice for the victim.
Co-Authors Abdul Madjid Abdul Majid Budimansyah Fadel Ilato Geraldo Gracelo Mario Situmeang Intan Khoirun Nisa' Prija Djatmika Rachmad Safa’at