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All Journal Literatus FOCUS: Journal of Social Studies AML/CFT Journal The Journal of Anti Money Laundering and Countering the Financing of Terrorism
Ajie, Bintang Wicaksono
Unknown Affiliation
Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Perubahan Pengaturan Tindak Pidana Pendanaan Terorisme Dalam Undang-Undang Nomor 1 Tahun 2023 Tentang Kitab Undang-Undang Hukum Pidana Ajie, Bintang Wicaksono
AML/CFT Journal : The Journal Of Anti Money Laundering And Countering The Financing Of Terrorism Vol 2 No 2 (2024): Produk Intelijen Keuangan Menjawab Tantangan Pengungkapan Pidana Pencucian Uang
Publisher : Pusat Pelaporan dan Analisis Transaksi Keuangan (PPATK)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59593/amlcft.2024.v2i2.69

Abstract

Criminal Acts of Terrorism (CAT) are a global threat that threatens national security as well as regional and global peace and stability, including Indonesia. Terrorism financing is one of the key factors that enable terrorist groups to carry out acts of terrorism in Indonesia. Therefore, efforts to prevent and eradicate the Criminal Act of Terrorism Financing (CATF) are very important to stop the CAT. In its development, CATF can be seen as a criminal act that stands alone and is different from its parent crime, terrorism. This is because terrorism financing has peculiarities as well as different modus operandi. Therefore, the international community includes it in the anti-money laundering and terrorism financing regime. In response to this, Indonesia has separated CATF from CAT through Law Number 9 of 2013 concerning the Prevention and Eradication of CATF. Over time, the Government of Indonesia has ratified and enacted the Law of the Republic of Indonesia Number 1 of 2023 concerning the Criminal Code (CC), which also regulates CATF. This research uses normative legal research methods through document review. This study analyzes the different arrangements of the CATF after enacting the new Criminal Code Law. Differences in the regulation of the CATF after the enactment of the new Criminal Code include the CATF being part of the terrorism criminal act regime and removing the phrase "intentionally" in CATF-related offenses, a decrease in the threat of criminal fines for CATF.
Analysis of Judges' Considerations in Handing Down Decisions Against Perpetrators of the Crime of Kidnapping and Child Abuse (Case Study of Cibinong District Court Decision Number 512/Pid.Sus/2022/PN.Cbi) Prabowo, Krisdianto; Ajie, Bintang Wicaksono
FOCUS Vol 5 No 2 (2024): FOCUS: Jurnal Ilmu Sosial
Publisher : Neolectura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/fcs.v5i2.1660

Abstract

Sexual abuse is one of the crimes frequently occurring today. Perpetrators of this crime can come from various backgrounds, both male and female, young and old. The victims of this crime vary as well, not only adults but also children often fall prey to it. Sexual abuse involves acts that violate norms of decency and morality, concerning sexual organs or other body parts that stimulate sexually. For example, a case decided by the Cibinong District Court under decision number 512/Pid.Sus/2022/PN Cbi is the focus of this study. The research centers on analyzing the judge's considerations in issuing that verdict and legal protection for children who are victims of sexual abuse. The research methodology used is normative juridical, examining theories, concepts, and related legal regulations. The research findings indicate that the Cibinong District Court sentenced the defendant to 8 years in prison and imposed a fine of Rp. 800,000,000,-. However, the author argues that the judge's decision did not meet expectations, considering the criminal penalties should have been more severe under the Child Protection Act. Additionally, the psychological impact and trauma experienced by victims of sexual abuse must be carefully considered, as they can have long-term and profoundly serious effects on the victims. Sexual abuse is regulated in the Indonesian Criminal Code (KUHP) under the section dealing with crimes against decency. Article 290 of the KUHP stipulates a maximum prison sentence of seven years, while the Child Protection Act provides for harsher penalties ranging from 5 to 15 years of imprisonment, and a maximum fine of Rp. 5,000,000,000,-..
Penegakan Hukum Perhitungan Pengembalian Kerugian Keuangan Negara dalam Tindak Pidana Korupsi Jiwo, Fadhil; Ajie, Bintang Wicaksono
FOCUS Vol 5 No 2 (2024): FOCUS: Jurnal Ilmu Sosial
Publisher : Neolectura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/fcs.v5i2.1662

Abstract

The current developrnent of corruption eradication has focused on three rnain issues, narnely prevention, eradication, and asset recovery. The purpose of the research in this thesis is to find out the ideal construction of regulating the return of state financial losses due to corruption at this tirne and whether it can be irnplernented in the future so that the return of state financial losses due to corruption can create legal certainty. This thesis uses a norrnative legal research rnethod (library) with secondary data and analyzed qualitatively to obtain research results on the ideal construction of regulating the return of state financial losses in corruption crirnes that currently cannot be optirnal as an additional crirne which is part of the purpose of punishing the perpetrators. corruption. Future irnplernentation so that the return of state financial losses due to crirninal acts of corruption requires reconstruction of the provisions in Law Nurnber 31 of 1999 in conjunction with Law Nurnber 20 of 2001 concerning the Eradication of Corruption Crirnes regarding the calculation of state financial losses and the authority of institutions or agencies that calculate financial losses the state in order to create legal certainty in applying additional penalties to perpetrators of corruption.
Application of the Law to Criminal Perpetrators who Jointly Commit the Crime of Premeditated Murder (Case Study of North Jakarta District Court Decision Number 213/Pid.B/2021/Pn.Jkt.Utr) Kusumoyudo, Bayu; Ajie, Bintang Wicaksono
LITERATUS Vol 6 No 2 (2024): Jurnal Ilmiah Internasional Sosial Budaya
Publisher : Neolectura

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The crime of murder is a form of crime in a person's soul where the act is very contrary to the norms that exist in society, namely religious norms and customs, as well as contrary to the norms of criminal law provisions and violates human rights, namely the right to life. The formulation in this study is how the application of the law to perpetrators of criminal acts together committing premeditated murder according to the Criminal Code and how to analyze the basic considerations of the North Jakarta District Court judge in issuing a verdict number 213 / Pid.B / 2021 / PN.Jkt.Utr. The research method used is normative juridical, namely library legal research carried out by examining library materials or secondary data. The results of the study show that the crime of premeditated murder in Article 340 of the Criminal Code is an act of murder carried out with prior planning. The requirements for stating that the element of prior planning has been fulfilled are: First, deciding the will calmly. Then, there is sufficient time from the emergence of the will to the implementation of the will. Then the implementation of the will (action) in a calm atmosphere. In decision number 213/Pid.B/2021/PN.Jkt.Utr the Judge opined that the defendant was found guilty and the judge sentenced the Defendant to 10 (ten) years in prison. According to the author, the criminal sanctions imposed by the Judge were much lighter than the demands of the public prosecutor for 18 years. In addition, the judge's decision was not in accordance with the retributive nature of the punishment. Referring to pArticle 340 of the Criminal Code states that the threat to perpetrators of premeditated murder is the death penalty or life imprisonment or a certain period of time, a maximum of twenty years.. Keywords: Implementation of law, Premeditated murder, judge's decision
Co-Authors Jiwo, Fadhil Kusumoyudo, Bayu Prabowo, Krisdianto