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All Journal Jurnal Notariil Jurnal Kajian Hukum Dan Kebijakan Publik Civilia: Jurnal Kajian Hukum dan Pendidikan Kewarganegaraan
Hudi Yusuf
Universitas Bung Karno, Indonesia
Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

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KAJIAN HUKUM TERHADAP ANAK YANG MELAKUKAN TINDAK PIDANA NARKOTIKA DALAM PERSPEKTIF KRIMINOLOGI Lusiana; Hudi Yusuf
Civilia: Jurnal Kajian Hukum dan Pendidikan Kewarganegaraan Vol. 3 No. 1 (2024): Civilia: Jurnal Kajian Hukum dan Pendidikan Kewarganegaraan
Publisher : Civilia: Jurnal Kajian Hukum dan Pendidikan Kewarganegaraan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.572349/civilia.v3i1.1824

Abstract

Tujuan penelitian ini adalah untuk mengetahui penyebab kejahatan narkoba yang dilakukan oleh anak, cara pencegahan, dan upaya pencegahan dari sudut pandang kriminologi. Penelitian ini menggunakan pendekatan hukum normatif (penelitian hukum) untuk memperoleh data primer melalui bahan pustaka dan peraturan perundang-undangan. Hasil penelitian menunjukkan bahwa dari sudut pandang kriminologi, penyidikan hukum terhadap anak pelaku kejahatan narkoba didasarkan pada indikator-indikator sebagai berikut: Pertama, faktor penyebab anak melakukan kejahatan narkoba adalah faktor internal (faktor yang diterima anak dari masyarakat). keluarga) . Hal ini disebabkan oleh faktor internal dan eksternal anak (lingkungan, pergaulan, keadaan ekonomi, dan pengaruh budaya asing). Kedua, anak melakukan kejahatan narkoba secara berkelompok atau sendiri-sendiri, dan anak dapat berbohong kepada orang tuanya tentang kegiatan kriminalnya (uang jajan) dan penggunaan narkoba. Ketiga, upaya yang dilakukan agar kejahatan narkoba yang dilakukan oleh anak tidak terulang kembali.
LEGAL ANALYSIS OF THE TRANSFORMATION OF ECONOMIC CRIMES IN THE DIGITAL ERA (CYBERCRIME) Tri Wani Andini; Hudi Yusuf
NOTARIIL Jurnal Kenotariatan Vol. 10 No. 1 (2025)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.10.1.2025.1-6

Abstract

The development of digital technology has brought significant changes in various aspects of human life, including in the economic sector. Digitalization has made transactions and economic activities easier, increased efficiency, and expanded access to the global market. However, this technological advancement has also given rise to new challenges, one of which is the increase in digital-based economic crimes or what is known as cybercrime. This research aims to (1) examine the impact of economic crimes in the digital era (cybercrime) on economic stability in Indonesia and (2) analyze the effectiveness of national legal regulations in dealing with economic crimes in the digital era (cybercrime). The research method used in this study is a normative research method with the data collection method used being library data or document studies (Library Research) sourced from legal materials in the form of primary legal materials, secondary legal materials and tertiary legal materials. The conclusion obtained from this study is that economic crimes in the digital era (cybercrime) are not only a criminal problem, but also threaten the stability of the Indonesian economy as a whole. National legal regulations have provided a framework for dealing with economic crimes in the digital era (cybercrime), but their effectiveness is still limited by less-than-optimal implementation, inadequate infrastructure, and lack of cross-country cooperation. Therefore, collaboration is needed between the government, private sector, and society in increasing digital literacy, strengthening regulations, and improving digital security systems to minimize the negative impacts of this digital economic crime.
Kebijakan Hukum Terhadap Pelaku Tindak Pidana Pencucian Uang Henry Afrillo; 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/ebqpj687

Abstract

During the period of globalization and swift technological advancement, money laundering has become a serious threat to economic stability and the financial system in Indonesia. Money laundering not only harms the country through the loss of potential tax revenue but also compromises the steadiness and dependability of the financial system while creates opportunities for organized crime. This research aims to analyze current legal policies, identify challenges in law enforcement, and assess the the impact and efficiency of Law Number 8 of 2010 on Preventing and Combating Money Laundering. The methodology applied is a case study with a document analysis approach, examining the implementation of policies through various real cases and empirical data. Findings from the research demonstrate that despite a clear legal framework and the involvement of relevant institutions, significant challenges still hinder law enforcement, including the complexity of financial transactions, lack of coordination among government agencies, and limited human resources in handling money laundering cases. Furthermore, the lack of public awareness regarding the dangers of money laundering also exacerbates this situation. To enhance the effectiveness of policies in combating money laundering, there is a need for regulatory updates that keep pace with the evolving modus operandi of criminals. Additionally, training for enforcing the law and increased collaboration on an international level is essential to strengthen networks for prevention and law enforcement. The recommendations generated from this study are expected to strengthen the robustness and trustworthiness of the financial framework in Indonesia and protect society from the negative impacts of money laundering.
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.
Analisis Peran Hukum Pidana Dalam Penanganan Tindak Pidana Ekonomi Melalui Evaluasi Regulasi Dan Praktik Henry Afrillo; Hudi Yusuf
Jurnal Kajian Hukum Dan Kebijakan Publik | E-ISSN : 3031-8882 Vol. 2 No. 4 (2025): Januari - Februari
Publisher : CV. ITTC INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62379/pwz1x297

Abstract

In an increasingly interconnected era of globalization, the dynamics of the economy present significant challenges in the legal aspect, particularly regarding economic crimes. The rapid development of technology has exacerbated the complexity of illegal actions, ranging from market manipulation to abuse of power in the financial sector. The existence of strong legal regulations and an effective law enforcement system has become crucial to protect society and maintain economic stability. In the context of Indonesian law, the role of criminal law in addressing economic crimes is essential, referring to the principle of social justice embedded in the 1945 Constitution. However, the implementation of these regulations faces various obstacles, including limited resources and suboptimal coordination among institutions. This study aims to evaluate the effectiveness of existing criminal law regulations, identify obstacles in their implementation, and formulate innovative steps to improve law enforcement in handling economic crimes. The method used is qualitative research with document analysis and case studies. Through the collection and analysis of legal documents, case reports, and case studies, this study aims to examine how well current regulations can anticipate the development of increasingly complex economic crime modus operandi. The analysis results show that although regulations are in place, there are shortcomings in implementation and law enforcement, as well as an urgent need to update regulations to keep pace with the challenges of technology and globalization. Therefore, this study suggests the need for ongoing legal reforms, enhanced capacity for law enforcement institutions, and the development of policies based on empirical data and technology to enhance the efficiency of law enforcement in addressing economic crimes. It is also necessary to raise public legal awareness and foster partnership between the public and private sectors to establish a responsive and highly-integrated legal system to face increasingly sophisticated economic crimes.
Evaluasi Penegakan Hukum Tindak Pidana Pencucian Uang: Telaah Atas Putusan Nomor 351/PID.SUS/2022/PN JKT.PST Pesman Laia; Hudi Yusuf
Jurnal Kajian Hukum Dan Kebijakan Publik | E-ISSN : 3031-8882 Vol. 2 No. 4 (2025): Januari - Februari
Publisher : CV. ITTC INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62379/335k8h24

Abstract

Law enforcement against money laundering crimes (MLC) has an essential function in preserving the reliability of financial operations system and the national economy. In the era of globalization and technological advancement, the modus operandi of money laundering has become increasingly complex, requiring serious attention from law enforcement agencies. This crime not only has the potential to destabilize financial systems but can also be used to fund other unlawful acts, including bribery, narcotics trade, and acts of terrorism. Therefore, strengthening the legal mechanisms to prevent and combat money laundering has become an urgent priority. The case processed by the Central Jakarta Court, with Decision Number 351/Pid.Sus/2022/PN Jkt.Pst, involving the defendant Jefry Djoharam, SE, provides a real example in the law enforcement process against money laundering in Indonesia. In this case, the The accused received a prison sentence of 2 years and 6 months. and fined IDR 500 million, along with the seizure of evidence in the form of suspicious financial transaction documents. This verdict reflects the court's efforts to impose a deterrent effect on the perpetrator while upholding justice. However, the impact of this ruling on deterring similar offenses in the future still needs further evaluation. This study aims to evaluate the legal process in handling money laundering crimes involving Jefry Djoharam, SE, and to evaluate the judges legal reasoning as well as the efficacy of the verdict. Additionally, this study also identifies the strengths and weaknesses in the law enforcement system related to money laundering crimes in Indonesia. In this regard, understanding how the implementation of existing regulations works and to assess whether its implementation in the field aligns with the principles of justice and effectiveness. Through document analysis and case study methods, this research investigates the trial proceedings, judicial reasoning, and the verdict’s influence on preventing money laundering offenses. The findings of this study are anticipated to aid in enhancing regulations and law enforcement efforts concerning money laundering and provide constructive recommendations for policymakers and legal practitioners in Indonesia.
Analisis Hukum Terhadap Putusan Pengadilan Negeri Jakarta Pusat Nomor 476/PID.SUS/2023 Tentang Tindak Pidana Pencucian Uang Henry Afrillo; Hudi Yusuf
Jurnal Kajian Hukum Dan Kebijakan Publik | E-ISSN : 3031-8882 Vol. 2 No. 4 (2025): Januari - Februari
Publisher : CV. ITTC INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62379/ktdwpx16

Abstract

Law enforcement against money laundering (ML) has an essential function in preserving the stability of the economy and financial systems of a country. The case involving the defendant Indah Harini, charged under Article 3 in conjunction with Article 2 section (1) point q of Law Number 8 of 2010, becomes the primary focus of this study. The crime committed by the defendant involved the diversion of funds that should have been returned to Bank BRI following a system error in crediting, as well as the use of those funds for personal purposes, leading to an eleven-year prison sentence along with a penalty of one billion rupiahs. The aim of this research is to investigate. whether the elements of illicit financial activities have been met, how the court's The panel of judges evaluated the. matter in question, and assess the conformity of the decision with the principles of justice and legal certainty. Furthermore, the research explores the function of banking institutions in the monitoring and reporting of suspicious transactions. The method employed in this research is document analysis and a case study utilizing a normative qualitative approach. The data includes court decisions, relevant regulations, and literature related to illegal financial crimes. According to the research findings, the defendant's actions fulfill the elements of money laundering, including the diversion of assets obtained through illegal activities, knowledge of the unlawful source of funds, and efforts to conceal the origin of the funds the court determined that the defendant was guilty and imposed a heavy prison sentence and fine. The ruling is considered consistent with the principle of legal assurance, but social justice aspects should also be taken into account. In this regard, the role of banking institutions is critical in detecting suspicious transactions and improving internal supervision through more advanced Anti Money Laundering (AML) systems, as well as enhancing cooperation with relevant authorities. It is expected that this research will contribute to the progress of criminal law, particularly in handling money laundering crimes, and provide recommendations for improvements in financial institution oversight and control systems to prevent similar cases in the future.
Co-Authors Henry Afrillo Lusiana Pesman Laia Pesman Laia Tri Wani Andini