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All Journal SANISA: Jurnal Kreativitas Mahasiswa Hukum CAPITAN: Constitutional Law & Administrative Law Review Jurnal Saniri
Baljanan, Gilbert Marc
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Law, Crime, Criminology & Criminal Justice

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Penggelapan Dana nasabah sebagai bentuk Tindak Pidana Korupsi di Indonesia Salmon, Harly Clifford Jonas; Baljanan, Gilbert Marc
SANISA: Jurnal Kreativitas Mahasiswa Hukum Vol 4, No 1 (2024): Volume 4, Nomor 1, April 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sanisa.v4i1.2172

Abstract

Introduction: Embezzlement of customer funds is a form of criminal act of corruption that harms many parties, including customers who lose their money, financial institutions whose reputation is damaged, and the public who have lost confidence in the financial system. Effective prevention and law enforcement efforts are needed to eradicate this practice.Purposes of the Research:  This study aims to describe and analyze the phenomenon of embezzlement of customer funds as a form of corruption in Indonesia. Embezzlement of customer funds is a crime that harms society and affects trust in financial institutions.Methods of the Research: The research method used is literature study which involves analysis of literature, reports, court cases, and laws related to corruption and finance in Indonesia. The data collected is analyzed qualitatively to provide an in-depth understanding of embezzlement of customer funds.Results of the Research: The research results show that embezzlement of customer funds occurs through various fraudulent schemes carried out by parties who have access to customer funds, such as bank employees, investment managers, or stockbrokers. These actions often involve the use of illegally obtained customer information or abuse of authority. Several factors influence the embezzlement of customer funds in Indonesia, including weak internal and external control systems, low integrity of individuals involved in the financial industry, and lack of adequate policies and regulations. Therefore, improvements are needed in financial governance, increased supervision, employee training, and strict law enforcement to prevent and take action against perpetrators of embezzlement of customer funds. The conclusion of this study is that embezzlement of customer funds is a criminal act of corruption that needs serious attention from the government, financial institutions and the public. With the right steps, such as strengthening regulations and increasing awareness of the risk of embezzlement of funds, it is expected to reduce incidents of embezzlement of customer funds and maintain public confidence in the financial system in Indonesia
Rekomendasi Badan Pengawas Pemilihan Umum Kepada Komisi Pemilihan Umum Dalam Menangani Pelanggaran Pemilu Pasca Penetapan Hasil Perolehan Suara Secara Nasional Baljanan, Gilbert Marc; Salmon, Hendrik; Lekipiouw, Sherlock Halmes
CAPITAN: Constitutional Law & Administrative Law Review Vol 2 No 2 (2024): Desember 2024 CAPITAN: Constitutional Law & Administrative Law Review
Publisher : Pusat Studi Hukum dan Pemerintahan Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/capitan.v2i2.16333

Abstract

Election administration violations, based on article 460 of the Election Law, Bawaslu has a maximum working time of 14 days to issue recommendations or decisions. Bawaslu's recommendations must be followed up by the KPU by issuing a decision letter no later than 3 days, as explained in Article 462. This problem occurs when the national vote results have been determined, then any dispute that occurs becomes the domain of the Constitutional Court. However, if a violation of election administration is found or reported, it must be followed up and decided by Bawaslu because it is based on article 454 paragraph 6 of the Election Law. The problem discussed by the author is Bawaslu's recommendation to be followed up by the KPU to change the determination of vote acquisition and the legal consequences that will be given if Bawaslu's recommendation is not followed up by the KPU. This writing uses a normative juridical research type, with a statutory regulation approach, a conceptual approach and a case approach.The research results show that regarding the legal force of Bawaslu's recommendation to change the vote tally, Bawaslu certainly has that legal force, because it is not legally prohibited. In connection with the follow-up to Bawaslu's recommendations to the KPU regarding violations of election administration, if the recommendations given by Bawaslu are not followed up by the KPU, they will be faced with various consequences, namely that the KPU can be reported by Bawaslu because it is related to the election organizer's code of ethics.
Rekomendasi Badan Pengawas Pemilihan Umum Kepada Komisi Pemilihan Umum Dalam Menangani Pelanggaran Pemilu Pasca Penetapan Hasil Perolehan Suara Secara Nasional Baljanan, Gilbert Marc; Lekipiouw, Sherlock Halmes; Pattinasarany, Yohanes
Jurnal Saniri Vol 5, No 2 (2025): Volume 5 Nomor 2, Mei 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/saniri.v5i2.3165

Abstract

Election administration violations, based on article 460 of the Election Law, Bawaslu has a maximum working time of 14 days to issue recommendations or decisions. Bawaslu's recommendations must be followed up by the KPU by issuing a decision letter no later than 3 days, as explained in Article 462. This problem occurs when the national vote results have been determined, then any dispute that occurs becomes the domain of the Constitutional Court. However, if a violation of election administration is found or reported, it must be followed up and decided by Bawaslu because it is based on article 454 paragraph 6 of the Election Law. The problem discussed by the author is Bawaslu's recommendation to be followed up by the KPU to change the determination of vote acquisition and the legal consequences that will be given if Bawaslu's recommendation is not followed up by the KPU.This writing uses a normative juridical research type, with a statutory regulation approach, a conceptual approach and a case approach.The research results show that regarding the legal force of Bawaslu's recommendation to change the vote tally, Bawaslu certainly has that legal force, because it is not legally prohibited. In connection with the follow-up to Bawaslu's recommendations to the KPU regarding violations of election administration, if the recommendations given by Bawaslu are not followed up by the KPU, they will be faced with various consequences, namely that the KPU can be reported by Bawaslu because it is related to the election organizer's code of ethics.
Co-Authors Lekipiouw, Sherlock Halmes Pattinasarany, Yohanes Salmon, Harly Clifford Jonas Salmon, Hendrik