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All Journal Awang Long Law Review Neoclassical Legal Review: Journal of Law and Contemporary Issues
Chamdani
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Law, Crime, Criminology & Criminal Justice

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LEGAL RELATIONS IN THE USAGE OF LETTER OF VALUE AND BANKING INSTRUMENTS AS A MEANS OF PAYMENT Chamdani; Indradjaja, Nobella; Sonny Wijaya
Awang Long Law Review Vol. 6 No. 1 (2023): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v6i1.1015

Abstract

In order to facilitate transactions, the banking sector determines several forms of payments, such as in real money, paper based and e-money. As a form of payment and receivable account, paper money holds function equivalent to real money, which are authenticated in negotiable instruments. The usage of negotiable instruments and the cashing are regulated in several agreements between the two parties, which are also involve another party like Bank Indonesia or the affiliates. This research is conducted with the intention of observing the forms and systems of payment using Securities and Banking Notes, as well as how the legal relationship between the issuer of securities and the holder of securities. Normative legal research methods is used to find the basis, principles and doctrines of law as an effort to overcome the legal issues that are the focus of research. Although, in such a contract, the legal basis of law is needed since negotiable instruments are often used as a payable form in several transactions which affects in ownership changes. Thus, for these cases, there are four theories that can be used: Creatief Theories, Vertoning Theories, Overeenkomst Theories, and Redelijkhesdist Theories. The issuance of SBPU is done to regulate the rate of demand deposits that replace the function of money, SB also holds a function as a letter that guarantees the receivables and obligations of the party who has a debt.
DIVERSION AS THE CASE RESOLUTION FOR CHILDREN IN CONFLICT WITH THE LAW WITHIN THE PERSPECTIVE OF LEGAL PSYCHOLOGY Chamdani; Indradjaja, Nobella; Nurhandy, Febrina
Awang Long Law Review Vol. 6 No. 2 (2024): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v6i2.1199

Abstract

Children have an important role in life, so children's problems are initially personal problems, namely the relationship between parents and their children. Children in conflict with the law are children who are in conflict with the law, children who are victims of criminal acts, and children who are witnesses to criminal acts. ABH must be viewed comprehensively, both sociologically, psychologically and formally juridically. If done carefully, we will achieve comprehensive protection of children's rights and human rights. The method used in this research is normative research with a statutory and psychological approach in analyzing the data. The existence of a child rights convention which contains international regulations which have been adapted into national law in the form of a law is often frightening when viewed from the perspective of "protecting behind the law". Diversion is mandatory at every level in Article 7 that at the level of investigation, prosecution and examination of children's cases in district courts, diversion must be attempted.
Law and Regulation as Safeguards for Investors Against Crime in Capital Market Sector Chamdani; Indradjaja, Nobella; Wijaya, Sonny
Neoclassical Legal Review: Journal of Law and Contemporary Issues Vol. 3 No. 1 (2024): Neoclassical Legal Review: Journal of Law and Contemporary Issues
Publisher : Talenta Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32734/nlr.v3i1.15584

Abstract

As a country with potency in economic growth, Indonesia is supported by several essential sectors, and one of them is through the Capital Market. The capital market enables the growth acceleration for a company or country by providing the needed fund. At least, through this medium, there are reciprocal benefits obtained by both parties involved in the Capital Market: issuers with capital injections, and investors with dividends and price increases. Unfortunately, there are big risks that investors have to deal with in capital markets, and some of them are related to fraud, market manipulation and insider trading. The results of this research found that government has enacted regulations that protect investors' rights through the Capital Market Law and the Financial Services Authority Law. However, there are still weaknesses in this regulation, especially for types of crimes that are still not regulated in this regulation. Moreover, it is necessary to have sufficient prowess from the authorized institution, especially  the Financial Services Authority (OJK), to resolve cases in accordance with the applicable law aiming to protect investors' rights.
Co-Authors Indradjaja, Nobella Nurhandy, Febrina Sonny Wijaya Wijaya, Sonny