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All Journal Gema Wiralodra SANISA: Jurnal Kreativitas Mahasiswa Hukum Journal Of Human And Education (JAHE) Bacarita Law Journal Innovative: Journal Of Social Science Research LUTUR Law Journal Jurnal Hukum dan Keadilan Journal of Adat Recht Journal of Strafvodering Indonesian Matakao Corruption Law Review KANJOLI Business Law Review Ipso Jure
Salmon, Harly Clifford Jonas
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Humanities Chemistry Computer Science & IT Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Public Health Social Sciences Other

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Journal : Ipso Jure

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Has the application of sanctions against financial institutions involved in money laundering had a deterrent effect? Basri, Hasan; Salmon, Harly Clifford Jonas; Saimma, Judy Marria
Ipso Jure Vol. 1 No. 9 (2024): Ipso Jure - October
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/gp2wnr72

Abstract

Money laundering is one of the crimes that has a wide impact, both economically and socially. With the increasing complexity of global financial networks, financial institutions must be more responsible in preventing money laundering practices. The existence of strong and transparent financial institutions is essential to maintain the integrity of the financial system. Using normative juridical research methods, this study analyzes the regulations that govern sanctions and law enforcement practices. The purpose of this study is to evaluate whether the sanctions applied have provided a deterrent effect to financial institutions that violate the law. The results of the study show that although there are several institutions affected by sanctions, in general, the implementation of sanctions has not been effective in providing a significant deterrent effect. These obstacles arise due to the lack of strict supervision, weak international cooperation, and inconsistencies in law enforcement. In addition, the proactive attitude of financial institutions in fulfilling reporting obligations also needs to be improved. Therefore, reforms in the sanctions system and improved law enforcement mechanisms are needed to create a stronger deterrent effect against financial institutions involved in money laundering
Corporate Accountability in Major Corruption Cases: The Efficacy of Criminal Sanctions Under the New Criminal Code Law Reumi, Frans; Salmon, Harly Clifford Jonas
Ipso Jure Vol. 2 No. 9 (2025)
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/ij.v2i9.35

Abstract

This study aims to analyze the effectiveness of corporate criminal liability for major corruption crimes based on Law Number 1 of 2023 concerning the Criminal Code (New Criminal Code). Using the normative juridical method, this study examines the change in the criminal law paradigm from an individualistic orientation to the recognition of corporations as independent criminal law subjects. The results of the study show that the new Criminal Code provides a comprehensive legal basis for the application  of the principle of corporate criminal liability, through explicit provisions in Articles 45-51 that affirm the form of offense, the mechanism of proof, and the type of criminal sanctions against corporations. Additional crimes such as freezing business activities, dissolving corporations, and state supervision are considered more efficient in encouraging institutional reform than fines alone. However, the effectiveness of implementing this norm is still faced with institutional challenges, limited law enforcement capacity, and the need for uniform prosecution guidelines. Conceptually, the new Criminal Code marks the transformation of national criminal law towards a system that emphasizes a balance between substantive justice, legal certainty, and social benefit. Consistent, proportionate, and evidence-based law enforcement is the key to the realization of the rule of law against corporate entities in Indonesia.
Co-Authors Adam, Sherly Arief Fahmi Lubis Baljanan, Gilbert Marc Firmansyah Firmansyah Fitrian, Achmad Flora, Heny Saida Frans Reumi, Frans Hasan Basri Khulaili, Rabith Madah Lyshandra, Angelia Hilarry Muhammadong Nugraha, Muhammad Valiant Arsi Purwanto, Astrid Hilarry Putra, Irman Roz, Ika Dwimaya Saimima, Judy Marria Saimma, Judy Marria Sari, Ade Risna Steven Makaruku Tinambunan, Hezron Sabar Rotua Wadjo, H.Z. Wadjo, Hadibah Zachra Widodo, Hadi