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All Journal Jurisprudensi: Jurnal Ilmu Syariah, Perundang-undangan, Ekonomi Islam International Journal of Business, Law, and Education Jurnal Litigasi Amsir
Phireri, Phireri
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Religion Humanities Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Neuroscience Social Sciences Other

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Analysis of Evidence Seizure in Money Laundering Crimes: Procedures, Legitimacy, and Its Impact on Legal Proceedings Phireri, Phireri; Dwiyanti, Asti
Jurisprudensi: Jurnal Ilmu Syariah, Perundang-Undangan dan Ekonomi Islam Vol 16 No 2 (2024): Jurisprudensi: Jurnal Ilmu Syariah, Perundang-Undangan dan Ekonomi Islam
Publisher : State of Islamic Institute Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/jurisprudensi.v16i2.9856

Abstract

Ideally, the seizure of evidence in Money Laundering Crimes (TPPU) should be conducted in accordance with applicable laws and regulations to ensure the validity of evidence that can be used in legal proceedings. In reality, numerous issues arise regarding the regulation and procedures for evidence seizure, which often impact the validity of the evidence. This study aims to analyze the regulations and procedures for evidence seizure in TPPU cases and their implications for the validity of evidence in legal processes. This article is categorized as library research using a qualitative approach. The methodology employed is normative juridical analysis. The findings reveal that evidence seizure in TPPU cases is often not conducted in accordance with established procedures, thereby potentially undermining the validity of the evidence. The money laundering process, which consists of the placement, layering, and integration stages, frequently involves suspicious transactions that require stricter supervision.
The Urgency of Human Rights Protection in the Digital Age in the Perspective of Data Security and Privacy Phireri, Phireri
International Journal of Business, Law, and Education Vol. 5 No. 2 (2024): International Journal of Business, Law, and Education
Publisher : IJBLE Scientific Publications Community Inc.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56442/ijble.v5i2.905

Abstract

This research aims to provide a better understanding of current technological developments, how the challenges of the digital era can affect human rights and how the law can be used as a tool to protect these rights. This research also explains cases of human rights violations related to data security and privacy, as well as looking for legal solutions that can help maintain a balance between technological progress and human rights. This research was prepared using a literacy approach or literature review using various secondary library sources to answer all problems in the research carried out.
Tindak Pidana Pencurian Dengan Kekerasan Zulfikar, Zulfikar; Mannan, Khaerul; Phireri, Phireri
Jurnal Litigasi Amsir 2023: (Special Issue) September-Oktober
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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This study aims to find out the application of material criminal law by judges in the case of the Barru PN decision number 96/Pid.B/2021/PN.Barru and to know the judge's material legal considerations in the Barru PN decision case number 96/Pid.B/2021/PN .Barru. The research method used in this paper is normative research. The results of the research show that the Judge in deciding case Number 96/Pid.B/2021/PN.Barru was right and in accordance with the provisions of material and formal criminal law so that the decision was legally valid. In connection with all the elements legally and convincingly fulfilled according to law, it can be concluded that the elements of the crime of theft with violence have been fulfilled. The judge's considerations in imposing criminal sanctions on the perpetrators of the crime of theft with violence in decision number: 96/Pid.B/2021/PN.Barru namely by seeing that all the elements of the article in the Indictment are fulfilled in the form of a single indictment Article 365 paragraph 1 of the Criminal Code which is based on 2 (two) pieces of evidence plus the conviction of the judge. In addition, the judge in imposing criminal sanctions must consider mitigating and aggravating circumstances for the defendant
Analisis Hukum Terhadap Obyek Sengketa Dalam Perkara Perdata Dijadikan Barang Bukti Dalam Perkara Pidana Phireri, Phireri
Jurnal Litigasi Amsir Vol 12 No 4 (2025): Agustus
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

This study aims to determine and understand the differences in proof in civil law and criminal law, and the legal implications of using civil dispute objects as criminal evidence. This study uses a normative research type with a legislative approach and an analytical approach. The types of legal material sources include primary, secondary, and tertiary legal materials. Legal analysis will be studied in a qualitative prescriptive manner. The results of this study show differences in proof in criminal and civil law. The main difference in proof in civil and criminal cases lies in the purpose and standard of proof. In criminal cases, proof aims to find the material truth, namely, the actual truth of a criminal event. Meanwhile, in civil cases, proof aims to find formal truth, where the judge is only bound by the evidence submitted by the parties. In addition, the differences between the two can be seen from the aspects of evidence, the role of the judge, the standard of proof of the strength of the evidence, and the assessment of proof. The use of civil dispute objects as evidence in criminal cases has legal implications that need to be considered. The subject of a civil dispute, initially the focus of a civil case, can be used as evidence in a criminal case if it involves elements of a criminal offence. However, its use as evidence must comply with applicable legal procedures and must not violate the rights of the parties involved.
Co-Authors Asti Dwiyanti Mannan, Khaerul Zulfikar Zulfikar