Wibowo, Dava Prawira
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Identification of Predicate Crimes Related to Binary Options Affiliates Money Laundering Crime Shafira, Maya; Wibowo, Dava Prawira; Husin, Budi Rizki; Amrullah, Rinaldy; Tamza, Fristia Berdian
Jurnal Penegakan Hukum dan Keadilan Vol 4, No 2 (2023): September
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jphk.v4i2.18013

Abstract

Binary options are increasingly familiar to the public with online promotions on various social media by Indra Kenz. The link between binary options affiliation and money laundering crimes is that the money generated from promoting binary options is illegal because regulations stipulate that binary options are illegal investments. The research aims to identify predicate crimes related to binary options affiliates in action money laundering crimes. The research is normative juridical with a statute approach. The data used were primary, tertiary secondary. At the same time, data processing was obtained through data selection, classification, and systematization. The data processed was analyzed qualitatively, and conclusions were drawn using inductive methods. Based on the research and discussion results, binary options affiliation could be charged with the predicate crime of fraud as stipulated in Article 378 of the Criminal Code and Article 45A Paragraph (1) Juncto. Article 28 Paragraph (1) Law Number 19 of 2016 concerning ITE. Likewise, with gambling Article 303 Paragraph (1) of the Criminal Code. The results of playing binary options include criminal acts of money laundering due to gambling and fraud, so the origin of money or assets must be hidden first to look legal. The authors suggest that more detailed arrangements are needed to ensnare binary options affiliates. The arrangements can be learned from the modus operandi and approaches regarding affiliates and binary options.
Law Enforcement of Corruption Crimes by Village Apparatuses in Village Fund Allocations Wibowo, Dava Prawira; Aqil, Muhammad Zumri
Corruptio Vol 4 No 1 (2023)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/corruptio.v4i1.2970

Abstract

Indonesia is still struggling to break free from the shackles of corruption. Corruption does not only occur at the central government level, but corruption also occurs at the village government level. Such a large source of village funding is a consequence of the enactment of the Village Law Number 6 of 2014. The Village Fund (DD) is very likely to become a wetland for village officials/officials to commit acts of corruption. That with very large village funds, it is possible that many village officials take advantage of their power to commit fraud and others The method used by using a normative juridical approach method and supported by empirical juridical approach in the form of support from criminal law experts and law enforcement to support normative juridical data. Approach Normative juridical is done by seeing, analyzing and interpreting matters of a theoretical nature concerning legal principles through search related literature directly or indirectly direct In an effort to tackle the criminal act of corruption in village funds, it CAN be carried out in 2 (two) ways, the first effort is a preventive or non-penal effort. related agencies to carry out investigative audits. The prosecutor can do pro justitia. After conducting the audit, the prosecutor's office wrote to the relevant party, namely the alleged party, in this case the village official, to return the money within 60 days starting from the letter received by the alleged party. If within 60 days the alleged party does not return the money, the prosecutor's office will take repressive v action. in making efforts to overcome criminal acts of corruption, funds should be more inclined to seek repressive measures, although not forgetting that preventive measures themselves are based on pro justitia or have binding legal force.