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All Journal FIAT JUSTISIA: Jurnal Ilmu Hukum Jurnal Ius Constituendum Unes Law Review Law, Development and Justice Review Jurnal Res Justitia : Jurnal Ilmu Hukum Activa Yuris: Jurnal Hukum
Anita Zulfiani, Anita
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Education Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences

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ANALISIS TINDAK PIDANA PENCUCIAN UANG MELALUI JUDI ONLINE: STUDI PUTUSAN NOMOR 1018/PID/2023/PT MDN Himawan, Nanda Rafi; Zulfiani, Anita
Jurnal Res Justitia: Jurnal Ilmu Hukum Vol. 4 No. 2 (2024): Jurnal Res Justitia : Jurnal Ilmu Hukum
Publisher : LPPM Universitas Bina Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46306/rj.v4i2.126

Abstract

This research is presented to study and understand the criminal law regulations for the crime of money laundering through online gambling which is currently widespread by conducting a study of the Medan High Court decision Number 1018/PID/2023/PT MDN. This research is normative research with a perspective using an approach through statutory regulations and real cases. In this research, the types of data used are secondary data materials and primary data materials. Therefore, the technique for preparing this article is through literature study. The data analysis technique used in this writing is the deduction method using the major premise which is regulated in the money laundering criminal regulations Article 3, Article 4 and Article 5 of Law Number 8 of 2010 concerning the Prevention and Eradication of Money Crimes. Washing and through other related regulations. In this decision, the defendant Jonni Alias Apin BK had committed the crime of money laundering as a participant
ANALISIS TERHADAP LIMITASI WAKTU PENYIDIKAN OLEH KOMISI PEMBERANTASAN KORUPSI PADA KASUS BLBI Sari, Aulia Hermastuti Turastananing; Zulfiani, Anita
Jurnal Res Justitia: Jurnal Ilmu Hukum Vol. 4 No. 2 (2024): Jurnal Res Justitia : Jurnal Ilmu Hukum
Publisher : LPPM Universitas Bina Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46306/rj.v4i2.127

Abstract

Along with advances in the economy and science and technology in society, world crime is also growing. One of them is crime in the form of criminal acts of corruption. This is coupled with law enforcement for members of conventional corruption crimes that have been proven to experience various obstacles. In 2019, there were changes to the Corruption Eradication Law, namely the authority given to the Corruption Eradication Committee (KPK) to carry out investigations. However, the authority to stop investigations at the Corruption Eradication Commission is considered to be contrary to the law enforcement policy of corruption as an extraordinary crime and reduces the independence of the Corruption Eradication Commission
ANALISIS PERTANGGUNGJAWABAN KORPORASI DALAM TINDAK PIDANA LINGKUNGAN HIDUP: STUDI KASUS PUTUSAN NOMOR 206/PID.B/LH/2022/PN BTG Pravangastha, Kanez; Zulfiani, Anita
Jurnal Res Justitia: Jurnal Ilmu Hukum Vol. 4 No. 2 (2024): Jurnal Res Justitia : Jurnal Ilmu Hukum
Publisher : LPPM Universitas Bina Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46306/rj.v4i2.128

Abstract

This research aims to find out whether a corporation is the subject of a criminal act, which is a legal entity or business that has its own identity, its own wealth is separate from the wealth of its members, and the essence of this research is what form of corporate responsibility takes in environmental crimes based on decision no. 206/Pid.B/LH/2022/PN Btg. This research uses normative legal research methods. The results of this research show that the corporation was sentenced to a criminal sentence in the Batang District Court's decision, and the criminal elements have been met according to the provisions stipulated in the relevant law
IMPLIKASI HUKUM DAN SOSIAL DARI KASUS KORUPSI DI PT TIMAH (TBK) Pramitha, Davina Kezhya; Zulfiani, Anita
Jurnal Res Justitia: Jurnal Ilmu Hukum Vol. 4 No. 2 (2024): Jurnal Res Justitia : Jurnal Ilmu Hukum
Publisher : LPPM Universitas Bina Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46306/rj.v4i2.131

Abstract

The corruption case involving PT Timah attracted widespread attention due to its significant impact on legal and social aspects. This research aims to investigate the implications of criminal acts of corruption for various related parties and society in general. Through normative juridical methods with library research, data was obtained from library materials and a statutory approach to understand how the corruption case at PT Timah affected various legal and social aspects. The corruption case at PT Timah had a significant impact on a number of parties, including company employees, investors, suppliers and business partners. Economically, this case caused financial losses for the company and reduced investor confidence in the mining sector. Meanwhile, socially, this corruption case causes a lack of public trust in the integrity of companies and the legal system as a whole. Apart from that, this research also identifies the chronology and legal implications caused by several factors such as lack of internal supervision, unhealthy organizational culture, and low awareness of business ethics and legal compliance. Based on this, it reminds us how necessary it is to improve the internal monitoring system, transparency and culture of integrity in order to prevent and handle corruption cases at PT Timah and related sectors
The Enforcement of Emergency Law Number 7 of 1955 Concerning Investigation, Prosecution, and Justice of Economic Crime, in Supporting the Governance Policy of Subsidized Fertilizer Zulfiani, Anita; Aninditha, Alma Tiara; Silalahi, Davin Gerald Parsaoran
Activa Yuris: Jurnal Hukum Vol. 3 No. 1 (2023)
Publisher : Universitas PGRI Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25273/ay.v3i1.16179

Abstract

Since globalization, law, especially in the realm of criminal law, has undergone many changes, and many developments have even evolved into new forms. The development of crime has implications for the rapid evolution of rules regarding criminal acts. Indonesia is familiar with arrangements regarding economic crimes since the existence of Emergency Law Number 7 of 1955 concerning the investigation, prosecution, and justice of economic crime. This law is the forerunner to the rules of economic criminal law in Indonesia which is an adaptation of Wei op de Economische Delichten 1950 from the Dutch, but has been adapted to the conditions in Indonesia. Economic Crimes are criminal acts or crimes or offenses in the economic field that can harm the state. Indonesia is known as an agrarian country where most of the population depends on the agricultural sector, which is why subsidized fertilizer management is an important matter for attention because the availability of fertilizer is one of the determinants of the sustainability of food production in Indonesia. Subsidized fertilizer from the government has the aim of helping farmers to obtain fertilizer at low prices, the distribution of subsidized fertilizer is monitored by the government so that it is right on target for recipients. However, in reality, there have been irregularities in the management of subsidized fertilizers, one of which was in a case that was decided based on Criminal Decision Number 87/Pid.B/2014/PN.Kds. Emergency Law No. 7 of 1955 is a law that has specificity because it regulates criminal acts in the economic sphere that are not regulated in the Criminal Code (KUHP). This research is to show how the enforcement of Emergency Law Number 7 of 1955 which is in line with the subsidized fertilizer management policy encouraged the progress of the Indonesian economy.
Human Rights Protection and Criminal Liability in the Smuggling of Indonesian Migrant Workers Zulfiani, Anita; Arya, Muna Ganesya; Wibowo, Nabila Alinka; Parwitasari, Tika Andarasni; Sawani, Yussri
Fiat Justisia: Jurnal Ilmu Hukum Vol. 19 No. 2 (2025)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v19no2.4220

Abstract

This research examines the criminal liability of Indonesian migrant workers involved in migrant smuggling, whether intentionally or unintentionally, within the framework of human rights and criminal law. Using a doctrinal legal approach, the study finds that migrant workers, as victims of human trafficking, cannot be held criminally liable for smuggling since they are treated as objects of the crime, although they may still be accountable for other offenses under applicable law. Criminal liability rests with individuals or organized groups that profit from smuggling activities. The study emphasizes the need to protect the rights of Indonesian migrant workers and to prevent the criminalization of those who become victims of human trafficking.
Upaya Menghadapi Kejahatan Terhadap Sistem Keamanan Perbankan Indonesia Di Era Cyberspace Sari, Clara Mega Kharisma; Zulfiani, Anita; Suharto, Suharto; Muhyidin, Muhyidin
Law, Development and Justice Review Vol 7, No 1 (2024): Law, Development & Justice Review
Publisher : Faculty of Law, Diponegoro University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/ldjr.7.2024.75-89

Abstract

In this Cyberspace Era, the system of life in society, both Indonesian and world, has changed a lot, this can have a complete impact on people's lives, both in the form of positive and negative impacts. Along with the development of the cyber world, this is directly proportional to crime in the banking sector, these crimes are related to the banking security system. There are many crimes against the banking security system including carding crimes "credit card fraud", ATM or EDC "skimming", hacking, cracking, phishing "internet banking fraud", malware "virus/worm/trojan/bots", cybersquatting, pornography, gambling online, transnational crime “drug trafficking, mafia, terrorism, money laundering, human trafficking, underground economy”. From these various crimes, to prevent crimes against the banking security system, the government can carry out various efforts, including efforts related to banking security system policies and various efforts that can be made, such as various narratives and outreach to the public. Apart from the government, banks and the public must also implement principles related to banking system security. This research uses a normative juridical method, namely an approach based on the main legal material by examining theories, concepts and principles related to the banking security system. In order to achieve a good banking security system, cooperation between the government, the bank and the community is required.
The Precautionary Principle of Running Foundation Activities In the Perspective of the Foundation Law and the National Criminal Code Zulfiani, Anita; Wibowo, Nabila Alinka
Jurnal Ius Constituendum Vol. 9 No. 2 (2024): JUNE
Publisher : Magister Hukum Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/jic.v9i2.7867

Abstract

This research aims to examine the principle of prudence in managing Foundation activities. The urgency of this research is so that the foundation can maintain its sustainability, develop, and be able to provide broad benefits according to the objectives of its establishment. This research uses qualitative methods with a statutory and conceptual approach. The novelty of this research is that in managing Foundation activities, the precautionary principle is required. The results of this research are the principle of prudence in carrying out Foundation activities consisting of Firstly, in managing the Foundation, it must always be guided by applicable legal provisions to avoid problems, whether problems in the form of civil disputes or criminal violations. Second, it must based on the principle of non-profit oriented, where foundations are not prohibited from running business entities, but the results are aimed at the interests of society and the sustainability of the Foundation to succeed in its social goals, because the Foundation is not oriented towards profit or gain, but rather towards benefit. Third, the organs of the Foundation must avoid conflicts of interest that could harm the interests of the Foundation and other parties. Fourth, foundations must apply the principles of Good Corporate Governance (GCG), namely: independence, transparency, accountability, and fairness.
PENGATURAN TINDAK PIDANA KORUPSI SEBELUM DAN SESUDAH BERLAKUNYA UNDANG-UNDANG NOMOR 1 TAHUN 2023 TENTANG KUHP, DALAM UPAYA MENURUNKAN ANGKA KORUPSI PADA SEKTOR SWASTA Zulfiani, Anita; Probohudono, Agung Nur; Sangka, Khresna Bayu
UNES Law Review Vol. 5 No. 4 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v5i4.741

Abstract

Corruption is a legal issue that always comes up. The level of corruption in the private sector is quite high. Based on Corruption Eradication Commission (KPK) data, in 2004-2021, private parties who were convicted of corruption reached 359 people or 26%. This paper discusses the regulation regarding corruption, especially related to the private sector, before and after the enactment of Law Number 1 of 2023 concerning the Criminal Code. This paper uses normative writing methods with statutory and comparative approaches. Corruption is regulated in the Criminal Code Articles 209, 210, 378, 388, 418, 419, and Article 420. These articles were revoked after the enactment of Corruption Law. Corruption regulation in Law Number 1 of 2023 concerning the Criminal Code are contained in Articles 603, 604, 605(1), and Article 606 (1). There have been changes in the regulation of corruption, including the abolition of the threat of the death penalty. The criminal act of corruption in the New Criminal Code does not make corruption cases lose its category as a special crime and extraordinary crime, because the existence of corruption articles in the New Criminal Code aims to compile a codification of criminal law, where corruption articles are generally formulated as core crimes, which function as bridging articles between the New Criminal Code and laws outside the New Criminal Code. The corruption law as a lex specialis requires a lex generalis in criminal code, this codification does not eliminate corruption from it’s characteristic as a special crime, and the Corruption Law in general is still in force, as well as the KPK (Corruption Eradication Commission) is still authorized to deal with corruption.
Co-Authors Agung Nur Probohudono Aninditha, Alma Tiara Arya, Muna Ganesya Himawan, Nanda Rafi Khresna Bayu Sangka, Khresna Bayu Muhyidin Muhyidin Parwitasari, Tika Andarasni Pramitha, Davina Kezhya Pravangastha, Kanez Sari, Aulia Hermastuti Turastananing Sari, Clara Mega Kharisma Sawani, Yussri Silalahi, Davin Gerald Parsaoran Suharto Suharto Wibowo, Nabila Alinka