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Analisis Putusan Pengadilan Pasal 378 KUHP dan Pasal 64 KUHP dalam Dakwaan Ketiga: Studi Kasus Tindak Pidana Penipuan Berlanjut pada Putusan Perkara Nomor 490/Pid.B/2018/PN.Jkt.Pst Henry Afrillo; 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.v3i2.2948

This study aims to thoroughly examine the analysis of the role of Article 378 of the Indonesian Criminal Code (KUHP) and Article 64 paragraph (1) KUHP in regulating and addressing the continued criminal act of fraud. The main concentration of the research revolves around court decisions related to the cases of Porman Tambunan and Donny Andy Sarmedi Saragih. The research employs a normative legal research method adopting a case study approach. Article 378 of the Indonesian Criminal Code serves as a detailed guide in handling the ongoing criminal act of fraud, especially when combined with Article 64 paragraph (1) KUHP. The simultaneous application of these two articles is designed to provide a significant deterrent effect on perpetrators and ensure robust legal protection for the public. In the context of the case under study, the court decisions affirm the suitability of the punishment demands with the provisions stipulated in Article 378 KUHP and Article 64 paragraph (1) KUHP. The research also discusses the effectiveness of Article 64 paragraph (1) KUHP in the aspects of prevention, punishment, and recovery of losses in cases of ongoing fraud. The heavier penalties under these provisions have proven to be an effective instrument in preventing fraudulent activities and achieving the expected deterrent effect. The cases of Porman Tambunan and Donny Andy Sarmedi Saragih provide evidence that the application of these articles has successfully created a preventive legal system and significant deterrence. Through in-depth analysis of court decisions, this research presents a more comprehensive insight into the role and effectiveness of Article 378 KUHP and Article 64 paragraph (1) KUHP in addressing the challenges of ongoing fraudulent activities. The outcomes of this study are anticipated to enhance comprehension of legal aspects of applications in upholding justice, especially in cases of fraud involving ongoing elements.

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

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.

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

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.

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

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.

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