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All Journal Ciencias : Jurnal Penelitian dan Pengembangan Pendidikan Efektor AL-TANZIM : JURNAL MANAJEMEN PENDIDIKAN ISLAM Unes Law Review INJURITY: Journal of Interdisciplinary Studies Jurnal Indonesia Sosial Sains Jurnal Ekonomi, Teknologi dan Bisnis Jurnal Penelitian Hukum Indonesia (J-PeHI)
Lamijan Lamijan, Lamijan
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Humanities Astronomy Biochemistry, Genetics & Molecular Biology Chemistry Computer Science & IT Decision Sciences, Operations Research & Management Earth & Planetary Sciences Economics, Econometrics & Finance Education Energy Engineering Environmental Science Immunology & microbiology Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Materials Science & Nanotechnology Mechanical Engineering Neuroscience Physics Public Health Social Sciences

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Law Enforcement Of Digital Asset Confiscation In Money Laundering Crimes SD, Tb. Soenmandjaja; Sejati, Hono; Lamijan, Lamijan
Jurnal Ekonomi Teknologi dan Bisnis (JETBIS) Vol. 3 No. 8 (2024): Jurnal Ekonomi, Teknologi dan Bisnis
Publisher : Al-Makki Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57185/jetbis.v3i8.129

Abstract

Money laundering is a serious crime that harms the interests of society, causes economic instability in a country, and is more dangerous than corruption because tracking the flow of money from money laundering will be more difficult. Due to this complexity, asset forfeiture becomes crucial because the approach method used is known as "follow the money." This research reviews asset forfeiture in money laundering from a law enforcement perspective. This research evaluates asset confiscation methods in money laundering cases from a law enforcement perspective, aiming to better protect societal interests and prevent criminals from gaining illicit profits. This research is normative or doctrinal, also known as dogmatic research with a conceptual and legislative approach. The findings indicate that, although asset forfeiture has been regulated through criminal prevention actions based on the Criminal Code and the Criminal Procedure Code, as well as civil and administrative actions based on the Anti-Money Laundering Act, there are still shortcomings in regulations that allow criminals to hide their illegal gains. It has not achieved justice and harms both the country and the victims of money laundering. To ensure crime doesn't benefit perpetrators, it's essential to expand asset seizure regulations by revising the Anti-Money Laundering Act to include civil seizures and cover all crime-related assets. Strengthening protections for innocent third parties is also necessary to uphold justice.
Juridical Review Of The People's Representative Council In Making Public Policies Through The Perspective Of Law Number 17 Of 2014 Rinduwan, Rinduwan; Lamijan, Lamijan
Jurnal Indonesia Sosial Sains Vol. 4 No. 06 (2023): Jurnal Indonesia Sosial Sains
Publisher : CV. Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jiss.v4i06.827

Abstract

Legislation is one of the legal products of the number of existing legal products. The legislation contains general and abstract legal norms. It is general because existing legal norms apply to every legal subject in general. While being called abstract lies like legal norms which are not concrete in regulating legal events and are the object of regulation. Thus, a good law which incidentally is a type of legislation must have a philosophical basis, a sociological basis, and a juridical basis. Based on the principle of a rule of law, namely that government is organized based on laws, then in running a government it must refer to statutory regulations which become guidelines for the administration of a country based on the will of the people. The constitution is the guideline in the state and then elaborated in laws and regulations. This type of research is normative research. The approach used is a statutory approach (statute approach) and a conceptual approach (conceptual approach). The source of data used is secondary data. Data analysis was carried out in a qualitative descriptive manner. The conclusion is carried out using the deductive method, namely from general to specific, especially those related to the research topic, namely the Juridical Review of the House of Representatives in Making Public Policy in the Perspective of Law No. 17 of 2014. The result found community is concerned that in implementing or enforcing the law, justice is considered. In upholding the law, there must be a compromise between legal certainty, benefit, and justice, the three elements must receive proportional and balanced attention. Thus, legislation is a political product from which legislators turn into legal products when their preparation meets the elements of legal certainty, benefit, and justice in a proportional and balanced manner. There is a paradigm that the law governing representative institutions is part of a package of laws in the political field that needs to be changed. Laws governing representative institutions need to be seen as laws in the institutional context of the constitutional system. As previously stated, one of the problems that arise as a result of this law being considered as part of a package of regulations in the political field is institutional arrangements.
Legal Protection For Businesses Against Sustainable Innovation In The Digital Realm Hendro, Hendro; Wieke Dewi Suryandari; Lamijan, Lamijan
UNES Law Review Vol. 6 No. 4 (2024)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i4.2155

Abstract

The buying and selling process can now be through non-physical transactions or employing digital media. Physical transactions require buyers and sellers to meet to exchange goods or services directly. However, problems arise when sellers are located outside the area, making it difficult for buyers to access them. Technological advances provide solutions for buyers and sellers who are separated by distance through E-Commerce. E-commerce offers many conveniences in marketing goods or services. Sellers can market their products widely by providing various variants. Marketing via e-commerce does not require a physical store to display products, thereby reducing costs. Meanwhile, buyers can also easily choose the products they want. However, the facts in the buying and selling process via social media generate a risk of loss for consumers and business actors due to the possibility for fraud that could be performed by one of the parties. Losses experienced by business actors are caused by failure to fulfill the achievements that should be carried out by the consumer. It is because numerous people do not understand the principles of security in online transactions, such as verifying the identity of the merchant or customer, security in payment procedures, and other factors that can help deter crime. As a result, criminal cases often occur which cause losses in the digital market, as if cyberspace has no legal rules. The presence of Law Number 19 of 2016 concerning amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions and Law Number 8 of 1999 concerning Consumer Protection is a solution to protect actors who transact in E-Commerce.
Legal Construction of the Use of Big Data to Support Sustainable Innovation in the Digital Era Sua Fauzan; Tri Susilowati; Lamijan, Lamijan
UNES Law Review Vol. 6 No. 4 (2024)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i4.2160

Abstract

The legal framework governing the use of big data has become a crucial issue in this digital era. One notable advantage of Big Data and Computational Technology is the enhanced ease of storing and retrieving records. With platforms such as social media, individuals are storing a greater volume of data than ever before. The likelihood of having physical copies of old photographs has diminished or they have been discarded, yet numerous individuals have already shared them on social media platforms. This research employs qualitative methods with data collection techniques using library research. In Indonesia, there are currently no specific regulations governing the use of Big Data. However, the Principles of the Indonesian Digital Economy have recognized the need for data protection as a crucial asset. It indicates that the legal construction regarding Big Data usage is an urgent issue. In the case of Big Data, platforms or infrastructures that store, manage, and provide access to large data can be considered Essential Facilities. The main challenge in regulating Big Data lies in the technical complexity and cross-border nature of the data. Limitations of national jurisdiction and the lack of a comprehensive international framework make it difficult to regulate data ownership and access effectively.
The Validity of Illegal Investments In The Digital Era On Positive Legal Arrangements In Indonesia Taufik Noor Isya; Lamijan, Lamijan; Mohamad Tohari
UNES Law Review Vol. 6 No. 4 (2024)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i4.2162

Abstract

The rapid advancement of technology has transformed human behavior in numerous ways, including the widespread use of the internet, which has become an indispensable part of modern life. The internet has revolutionized various industries such as communication, trade, finance, education, and business, making it easier than ever for people to engage in online activities and even digital investments. Yet, unfortunately, many fraudulent investment opportunities have emerged, preying on unsuspecting victims and causing significant financial losses. As a result, the Indonesian government has taken measures to combat illegal investments and protect the public. Such practices are considered criminal offenses under the Criminal Code's Article 378, which criminalizes deceitful and fraudulent schemes. Additionally, fundraising without proper authorization is punishable under Article 46 of Law Number 10 of 1998 jo. Law Number 7 of 1992 concerning Banking. Sharia-based investments without a business permit from Bank Indonesia can also face legal repercussions under Article 59 of Law No. 21 of 2008 concerning Sharia Banking. These regulations aim to safeguard individuals from illegal investment activities.
Strategic Management for Enhancing Employment of Vocational High School Graduates in The World of Business, Industry and Work Dami, Zummy Anselmus; Lamijan, Lamijan; Waluwandja, Petrisia Anas; Pellokila, Ireni Irnawati; Anabokay, Yanrini Martha
JURNAL AL-TANZIM Vol 8, No 2 (2024)
Publisher : Nurul Jadid University, Probolinggo, East Java, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33650/al-tanzim.v8i2.7962

Abstract

The effectiveness of industry involvement in vocational secondary schools can increase the absorption of vocational high school graduates in the world of work. Previous research focuses on program evaluation or industrial needs analysis, while this research focused on industrial classroom management strategies in increasing the absorption of vocational high school graduates. This study aimed to analyse strategic management's role in increasing the absorption of vocational high school graduates in the world of business, industry and work. This research uses qualitative methods with a case study type. Data collection techniques used are observation and in-depth interviews, and the analysis technique adopted in the study is pattern matching. The results found four main themes, which include: 1). vision and mission of the industrial class, 2). policies, regulations, and policies in the industrial class in increasing graduate absorption, 3). Learning programs and activities in industrial classes in increasing graduate absorption, and 4) strategic steps taken by schools in industrial class programs in increasing graduate absorption.
Co-Authors Anabokay, Yanrini M. Dami, Zummy Anselmus Dika Ratu Marfu'atun Farida, Any Hendra Gunawan, Yusuf Tri Hendro Hendro, Hendro Hono Sejati, Hono Ireni Irnawati Pellokila Irfan Rizky Hutomo Jeff Wilfred Mesah Kolnel, Arnot Apsalon Lilik Warsito Mohamad Tohari Muhammad Zainuddin Rinduwan, Rinduwan SD, Tb. Soenmandjaja Simanjuntak, Rio Putra Sua Fauzan Taebenu, Yulinda Taufik Noor Isya Tri Susilowati Tri Susilowati Utama, Robertus Wardhana Waluwandja, Petrisia Anas Wieke Dewi Suryandari Yenssy Marvilen Fanggidae