Syamsuddin Muchtar
Fakultas Hukum Universitas Hasanuddin

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OBLIGATION TO MONITOR SERVICE USER TRANSACTIONS BY A NOTARY AS AN EFFORT TO PREVENT AND ERADICATE THE CRIME OF MONEY LAUNDERING Nila Amalia; Syamsuddin Muchtar; Muhammad Ilham Arisaputra
Jurnal Ilmiah Advokasi Vol 12, No 1 (2024): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v12i1.4497

Abstract

Due to disharmony between Law on the Office of Notaries and Regulations of the Minister of Law and Human Rights Number 9 of 2017 in recognizing service users for notaries, in this case the lack of clarity regarding the regulation of service user transaction monitoring obligations so that notaries experience a dilemma in implementing Know Your Customer (KYC) and are more inclined to implement KYC according to Law on the Office of Notaries and Regulations of the Minister of Law and Human Rights Number 9 of 2017 considering Law on the Office of Notaries than the Notary Code of Ethics are the legal basis for a notary in carrying out his duties and authorities which in terms of the hierarchy of laws and regulations have a higher position than the Regulations of the Minister of Law and Human Rights Number 9 of 2017, this is in accordance with the principle of Lex Superior Derogate Legi Inferiori where higher regulations overrule lower regulations.Keywords: Transaction Monitoring, Notary, Money Laundering
The Concept of Human Rights-Based Criminal Punishment for Children Who Commit Murder Ismail Iskandar; Syamsuddin Muchtar; Hijrah Adyanti Mirzana; Audyna Mayasari Muin; Muhammad Hasrul; Rafika Ramli
Jurist-Diction Vol. 9 No. 1 (2026): Volume 9 No. 1, Januari 2026
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/jd.v9i1.77275

Abstract

Murder committed by children is a serious crime that causes shock in society and poses a challenge to the criminal justice system. In handling such cases, the state is not only obliged to enforce the law and provide justice for the victims, but also to guarantee the protection of the human rights of the child perpetrator, in accordance with the principles of human rights (HAM). This study aims to examine the concept of sentencing children who commit murder using a human rights-based approach. The method employed is normative research, involving an analysis of national legislation, specifically the National Criminal Code and the Child Criminal Justice System Law (UU SPPA), as well as international instruments such as the Convention on the Rights of the Child. The findings indicate that although murder is classified as a serious crime, the approach to sentencing children must uphold the principles of non-discrimination, the best interests of the child, and the right to rehabilitation.