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All Journal Jurnal Kajian Hukum Dan Kebijakan Publik Jurnal Ekonomi, Manajemen, Akuntansi
Pesman Laia
Universitas Bung Karno
Economics, Econometrics & Finance Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Analisis Deskriptif Penerapan Pasal 378 KUHP dalam Dakwaan Kesatu: Studi Kasus Tindak Pidana Penipuan pada Putusan Perkara Nomor 456/Pid.B/2018.PN.Jkt.Pst Pesman Laia; Hudi Yusuf
EKOMA : Jurnal Ekonomi, Manajemen, Akuntansi Vol. 3 No. 2: Januari 2024
Publisher : CV. Ulil Albab Corp

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56799/ekoma.v3i2.2940

Abstract

Criminal fraud is one of the violations that frequently occur in society and is a primary concern for law enforcement agencies. This crime involves various methods, requiring extra efforts to prove, and is influenced by factors such as poverty, environment, and the desire to obtain money without hard work. This article discusses fraud in the context of Article 378 of the Indonesian Criminal Code (KUHP), which regulates this offense. The research analyzes the indictment against Magda Safrina, a company director, who used another person's certificate as collateral for an international event. The aim is to explain the elements of fraud under Article 378 KUHP, especially those related to the use of false identities, deception, and a series of lies. Additionally, the study examines the criminal legal perspective on fraud and forgery and the effectiveness of implementing Article 378 KUHP in the Indonesian judicial system. The research method employed is a case study with normative and conceptual legal approaches. The findings indicate that despite the frequent application of Article 378 KUHP, there are disagreements and imperfections in its implementation. Economic factors affect the effectiveness of legal enforcement. Therefore, corrective measures are necessary, including intensive training for judges and prosecutors, improving the quality of investigations, and reforming the criminal justice system.
Regulasi Tindak Pidana Ekonomi Dalam Kasus Perbankan Penyalahgunaan Wewenang Pesman Laia; Hudi Yusuf
Jurnal Kajian Hukum Dan Kebijakan Publik | E-ISSN : 3031-8882 Vol. 2 No. 2 (2024): September - Oktober
Publisher : CV. ITTC INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62379/c3294322

Abstract

In the modern era marked by rapid digital innovation, the banking sector is undergoing a significant transformation through the application of digital technology that enhances accessibility, efficiency, and the reach of financial services. However, these advancements also bring new threats, including the abuse of authority within banking institutions. Such abuse can lead to substantial losses for customers, disrupt economic stability, and undermine public trust in the financial system. In this context, this research aims to conduct an in-depth analysis of the forms, scope, and impacts of authority abuse in the banking sector, as well as the effectiveness of existing regulations in preventing and addressing these cases. The study employs a case study methodology by collecting data from regulatory documents, government reports, and credible publications to explore various examples of authority abuse in Indonesia and internationally. Through this analysis, the research also identifies weaknesses in the existing legal framework and challenges in the synergy between supervisory authorities and financial institutions in creating a secure and integral banking ecosystem. The findings indicate that although there are several regulations established to prevent authority abuse, there are still legal gaps and enforcement challenges that criminals can exploit. These weaknesses are exacerbated by a lack of rules responsive to the developments in digital technology and weak oversight within banking institutions. Therefore, this research recommends the need for more adaptive regulatory updates, strengthening the oversight framework, and enhancing coordination among relevant authorities to build a banking system that is not only innovative but also secure for customers and stable for the economy.
Co-Authors Hudi Yusuf Hudi Yusuf