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Tinjauan Yuridis Terhadap Putusan Lepas Dari Segala Tuntutan Hukum (Onstlag Van Rechtsverloging) Pada Tindak Pidana Korupsi: Studi Terhadap Putusan Pengadilan Negeri No 56/Pid.Sus.Tpk/2017/P.n.Kpg Yohana Oktavia Ngode Lagho; Karolus K.Medan; Orpa G.Manuain
Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora Vol. 1 No. 5 (2024): September: Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/aliansi.v1i5.391

Abstract

In criminal cases, particularly corruption cases, judges have the absolute authority and duty to decide and follow up on these matters. The background of this writing is that corruption is an extraordinary crime that hinders national development and must be prosecuted according to applicable regulations. The issue with this decision is that the judges were not meticulous enough, as they acquitted the defendant despite the defendant's actions causing state losses. An acquittal (Onslag Van Vervolging) means that the suspect or defendant in a corruption case is not subjected to any punishment or sanction.The analysis focuses on the verdict No. 56/Pid.Sus-Tpk/2017/Pn.Kpg, highlighting specific details that deserve further scrutiny. The juridical analysis of this decision will address the formulated issues, namely the basis for the judge's consideration in issuing an acquittal and how the judge should have ruled. The judge's considerations encompass three aspects: Philosophical, Juridical, and Sociological. This juridical analysis will include an understanding of the arguments presented, the legal basis used, and the factors influencing the court's decision to acquit the defendant of all charges. Therefore, in ruling on this case, the judge must ensure the utility aspect so that the defendant is penalized according to the applicable regulations.The method used in this journal is the normative juridical method, employing legislative and conceptual methodologies, providing an analytical perspective on problem-solving from the standpoint of the underlying legal concepts, utilizing data from literature and the internet as sources.Top of FormBottom of Form
Kajian Yuridis Terhadap Cryptocurrency Ilegal Dalam Prespektif Tindak Pidana Pencucian Uang Getri Kefi; Aksi Sinurat; Orpa G.Manuain
Pemuliaan Keadilan Vol. 1 No. 4 (2024): October : Pemuliaan Keadilan
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/pk.v1i4.128

Abstract

This study aims to find out what are the forms of modes in the crime of Money Laundering Using Illegal Cryptocurrency Media as well as Criminal Law policies in an effort to overcome the occurrence of Money Laundering Crimes through illegal Cryptocurrency Media. To answer the above problems, this Research Method uses the Normative Law research method which focuses on research on written regulations or legislation or research based on rules or norms that apply in society. The results of the discussion in this study show that, (1) The mode of operation used by the perpetrators in the crime of money laundering through Cryptocurrency media is by trading and investment methods along with several other methods. The perpetrators take advantage of the transaction system on cryptocurrencies that are closed or anonymous so that the perpetrators get an opening to launch criminal acts. 2) Even with existing legal regulations, there are still criminal acts, especially TPPU which are carried out through illegal cryptocurrencies, so it is better for the government to make rules or make legal updates on how to process related to Money Laundering Crimes using cryptocurrencies which include crypto platforms, both legal and illegal.