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TINJAUAN YURIDIS KUMULASI GUGATAN ANTARA PERBUATAN MELAWAN HUKUM DAN WANPRESTASI (STUDI PUTUSAN MA NOMOR. 2157 K/PDT/2012 DAN PUTUSAN MA NOMOR. 1330 K/PDT/2017) Fauzan Azima Faturachman; Maudy Anjani; Kinayah Ashifa; Esa Rahmawati; Farahdinny Siswajanthy
JURNAL ILMIAH NUSANTARA Vol. 1 No. 4 (2024): Jurnal Ilmiah Nusantara
Publisher : CV. KAMPUS AKADEMIK PUBLISING

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61722/jinu.v1i4.1775

Abstract

This study aims to determine the cumulation of lawsuits that are justified according to procedural rules in Indonesia based on general principles from the analysis of two Supreme Court decisions, because in essence there are no rules in Indonesian civil procedural law that prohibit the cumulation of lawsuits but there are decisions that do not allow the cumulation of lawsuits between tort and default. The absence of rigid rules prohibiting the cumulation of claims in Indonesian civil procedure law a contrario allows the cumulation of claims. However, in practice, there is a Supreme Court decision whose rulings contradict each other, namely decision number. 2157 K/Pdt/2012 which grants the cumulation of lawsuits and decision number. 1330 K/Pdt/2017 which states that the lawsuit cannot be accepted. Based on the analysis of the two Supreme Court decisions, the general principle of the formulation of lawsuit cumulation that is justified by the Indonesian procedural rules can be drawn, namely that there is a close relationship, legal relationship and compatibility between the statement and the petitum.
PERAN DAN TANGGUNG JAWAB BANK DALAM MENGATASI TINDAK KEJAHATAN PENCUCIAN UANG Yustia Okta Pradini; Fauzan Azima Faturachman; Maudy Anjani; Kinayah Ashifa; Farahdinny Siswajanthy
JURNAL ILMIAH NUSANTARA Vol. 1 No. 4 (2024): Jurnal Ilmiah Nusantara
Publisher : CV. KAMPUS AKADEMIK PUBLISING

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61722/jinu.v1i4.1776

Abstract

Money laundering is one of the serious crimes that can threaten economic stability and the integrity of the financial system. This article was created with the aim of analyzing the role and responsibility of banks in dealing with money laundering crimes, focusing on legal regulations and practices applied in Indonesia. This research was conducted using a normative juridical research methodology by investigating various laws and regulations that apply in Indonesia. The results of the study show that banks have roles and responsibilities and are required to apply principles in efforts to prevent money laundering crimes. In addition, banks also have an obligation to ensure that all staff have received adequate training on money laundering prevention.