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All Journal Unes Law Review Media Hukum Indonesia (MHI)
Ferdiansyah, Reza
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Education Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences

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Analisa Kebijakan Hukum Terhadap Kasus Koin Kripto Sebagai Bukti Elektronik Tindak Kejahatan Pencucian Uang Murti, Terra Whisnu; K, Kefianto; Ferdiansyah, Reza; Priyambodo, Muhammad Bagus; Akbar, Masyhur; Nugroho, Andriyanto Adhi
Media Hukum Indonesia (MHI) Vol 2, No 2 (2024): June
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.11911769

Abstract

The presence of the bitcoin concept, especially blockchain technology, first attracted the world's attention and provided good opportunities. However, in fact it is increasingly opening up loopholes for criminals, one of which is money laundering. Currently, crimes involving money laundering on blockchain platforms have accumulated significant amounts and caused considerable losses. In terms of the regulation of the criminal act of money laundering, there are still obstacles that give rise to pros and cons in the investigation process carried out by law enforcers, thus giving rise to problems in the investigation process. Therefore, this research examines whether investigators can prove and reveal criminal acts of money laundering which currently can only reach people who participate in committing criminal acts and what is the model for investigating criminal acts of money laundering which can confiscate, confiscate and destroy the assets of perpetrators of the crime. money laundering crime carried out using advanced technology and cryptocurrency. This research uses a normative legal research method which examines law conceptualized as applicable norms or rules.
Pembentukan Regulasi Crowdfunding Based Donation Sebagai Optimalisasi Hukum Financial Technology Dengan Studi Perbandingan Sistem Hukum Denmark Ferdiansyah, Reza; Nurfajriana, Syifa; Nugroho, Andriyanto Adhi
Media Hukum Indonesia (MHI) Vol 2, No 3 (2024): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.12192922

Abstract

Globalization and the Fourth Industrial Revolution have driven significant changes across various sectors, including technology, economics, and law. The rapid advancement of technology and internet access in Indonesia has led to a surge in the use of fintech services, particularly crowdfunding. Crowdfunding, rooted in microfinance and crowdsourcing, has become a popular method for raising funds via the Internet. Despite its innovative nature, crowdfunding practices in Indonesia face several challenges, particularly regarding regulation and legal protection. Current crowdfunding regulations in Indonesia still refer to Law No. 9 of 1961 on the Collection of Money or Goods, which does not accommodate electronic systems. This has resulted in the potential misuse of donation funds not being adequately addressed. This study employs normative legal research methods with a statute approach and a conceptual approach. The study examines the regulation of donation-based crowdfunding in Indonesia and compares it with Denmark, which has more detailed regulations through the Danish Fundraising Act. Denmark has implemented stringent oversight mechanisms to ensure transparency and accountability in fundraising activities, which can serve as a valuable reference for Indonesia in drafting similar regulations. Legal protection for donation-based crowdfunding practices is crucial to ensure public trust and the sustainability of these activities
Efektivitas Pembuktian Mengenai TPPU Ditinjau Dari UU No. 8 Tahun 2010 Tentang TPPU Pangaribuan, Yosep Martua Ganda; Marihot Marpaung, Sandro; Ferdiansyah, Reza
UNES Law Review Vol. 6 No. 2 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i2.1451

Abstract

Corruption and money laundering cases, or Money Laundering Crimes (TPPU), have had significant negative impacts and incurred substantial losses for the country, reaching 138.39 trillion Indonesian Rupiahs from 2012 to 2022. In the efforts to address and uncover corruption and money laundering cases, Law No. 8 of 2010 concerning money laundering serves as the legal foundation for handling corruption cases. One of the processes stipulated in this legislation is the process of proving money laundering and corruption offenses. The evidentiary process plays a crucial role, where the search for evidence in corruption and money laundering cases forms the basis for court proceedings to assess whether the defendants or potential suspects in corruption cases have indeed committed money laundering and corruption offenses. However, the evidentiary process poses challenges due to numerous obstacles, especially when corrupt funds are transferred abroad. Researchers employed a normative juridical research method, utilizing descriptive analysis to assess the effectiveness of proving money laundering according to Law No. 8 of 2010. Based on the research conducted by the researchers, it was found that there are advantages in the law, such as facilitating investigators in obtaining banking data and sharing responsibilities with the Financial Transaction Reports and Analysis Center (PPATK) for analyzing the evidence. However, from a weakness perspective, the law has not provided investigators with the flexibility to seek evidence abroad and remains susceptible to threats
Co-Authors Akbar, Masyhur Andriyanto Adhi Nugroho K, Kefianto Marihot Marpaung, Sandro Murti, Terra Whisnu Nurfajriana, Syifa Pangaribuan, Yosep Martua Ganda Priyambodo, Muhammad Bagus