Article Per Year (5 Year)
p-Index From 2021 - 2026
0.61
P-Index
This Author published in this journals
All Journal Jurnal Cakrawala Hukum ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora
M. Arief Amrullah
Unknown Affiliation
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

 1 
The Application of Indirect Proof Methods to Independent Money Laundering Crimes M. Arief Amrullah
Jurnal Cakrawala Hukum Vol. 17 No. 1 (2026): April 2026 (in press)
Publisher : Faculty of Law, University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v17i1.17131

Abstract

The study in this article aims to find a solution to the problem of the concept of independent money laundering as stipulated in Article 69 of the Money Laundering Crime Law, especially related to the phrase "it is not mandatory to prove the original criminal act" (predicate crime), which is still the subject of debate among legal experts in Indonesia. In the Netherlands, in dealing with such problems, such problems are solved through the indirect method of proof. Money laundering suspects can be held criminally liable without first having to prove the original criminal act, the most important thing is that there is sufficient evidence that the assets obtained do not come from a legitimate source. This method of indirect proof is used, especially in cases where there is no direct indication of the original criminal act related to the object. Therefore, to support law enforcement against the phrase "it is not mandatory to first prove the original criminal act", it is very important to examine the application of the indirect proof method to the formulation of Article 69 of the Money Laundering Crime Law Art.
Prinsip Keadilan Terhadap Pengecualian Bagi Pelaku Tindak Pidana Yang Diancam Pidana Di Bawah 5 Tahun M. Arief Amrullah; Ainul Azizah; Yougha Aulia Mahardi
ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 2 No. 4 (2024): Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : LP3M INSTITUT KH YAZID KARIMULLAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59246/aladalah.v2i4.923

Abstract

The existence of limitations on criminal penalties of more than 5 years and incapacity in Article 56 paragraph (1) of the Criminal Procedure Code means that those who commit crimes with a penalty of less than 5 years are no longer required to be provided with legal advice. The objectives of this research are limiting the defense of assistance to perpetrators of criminal acts under 5 years in accordance with the criminal justice system, providing assistance to perpetrators who are under 5 years under the principle of justice, reformulating the provision of legal assistance for perpetrators under 5 years. in the future. This research uses doctrinal legal research methods. The method used is to study and analyze legal materials and legal issues related to legal developments and problems. Legal aid is everyone's human right, which is not only provided by the state and not as a mercy from the state, but is the state's responsibility in realizing equality before the law, access to justice, and fair trials. The provision of legal assistance only looks at the criteria that the person is an incapacitated person who has met the requirements. limitations or limitations but it is an obligation for the state which must provide legal assistance to all Indonesian people without exception.
Co-Authors Ainul Azizah Yougha Aulia Mahardi