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All Journal Multidiciplinary Output Research for Actual and International Issue (Morfai Journal) International Journal of Social Science, Educational, Economics, Agriculture Research, and Technology (IJSET) Journal of International Islamic Law, Human Right and Public Policy
Willy Novan Prakoso
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CRIMINAL LAW POLICY REGARDING THE AUTHORITY OF THE CORRUPTION ERADICATION COMMISSION IN INVESTIGATIONS OF OFFENDERSTHE CRIME OF CORRUPTION IN PROCUREMENT OF MAIN EQUIPMENTBY PERSONNEL OF THE INDONESIAN NATIONAL ARMY Ilmuwani Lubis; Yasmirah Mandasari Saragih; Karolus Agung Dery Rianto; Irfan Rizky Pradya; Willy Novan Prakoso
International Journal of Social Science, Educational, Economics, Agriculture Research and Technology (IJSET) Vol. 2 No. 12 (2023): NOVEMBER
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijset.v2i12.297

Abstract

The Corruption Eradication Commission is an independent institution formed specifically to handle corruption cases which is equipped with a set of authorities in carrying out the duties of investigation, investigation and prosecution. In carrying out the duties and authority of the Corruption Eradication Commission in conducting investigations. perpetrators of corruption, procurement of key TNI equipment and the Military Justice Law, giving rise to pros and cons in various circles. The purpose of writing this thesis is; first, to find out the authority of the Corruption Eradication Commission in investigating perpetrators of corruption in the procurement of defense equipment, especially that carried out by the TNI. Second, to find out the criminal law policy regarding this authority. The Corruption Eradication Commission in investigating perpetrators of corruption in the procurement of TNI defense equipment. In writing this thesis the author used normative juridical research methods which emphasize legal principles, namely the principle of legality. Then it is analyzed qualitatively and conclusions are drawn using a deductive method. The results of the author's research are; First, the investigation carried out by the Corruption Eradication Commission has a legal basis under Article 42 of Law Number 30 of 2002 concerning the Corruption Eradication Commission. All authorities relating to investigations, investigations and prosecutions as regulated in Law Number 8 of 1981 concerning Criminal Procedure Law. also applies to investigators, investigators and public prosecutors within the Corruption Eradication Commission. The criminal law policy regarding the handling carried out by the Corruption Eradication Commission and the TNI regarding corruption cases committed by TNI personnel is a separate treatment. Finally, the author submits a suggestion that the President together with the House of Representatives (DPR) need to establish regulations regarding procedures and procedures for investigations or that existing laws and regulations must be changed so that there are no errors in the authority of investigations by any institution, including the Corruption Eradication Committee, and so that implementation or execution The investigation has a clear legal umbrella and has legal jurisdiction.
EFFORTS TO OVERCOME THE CRIME OF MONEY LAUNDERING (PADANG LAWAS POLICE RESEARCH STUDY) Ilmuwani Lubis; Karolus Agung Dery Rianto; Irfan Rizky Pradya; Willy Novan Prakoso; Stephen Martin
Journal of International Islamic Law, Human Right and Public Policy Vol. 1 No. 2 (2023): June
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v1i2.6

Abstract

Money laundering, often known as money laundering, is carried out by government officials who hold the power to recover illegal money after getting results that do not belong to them. In Indonesian, money laundering is translated as "money laundering" or "money bleaching". Article 3 of Law Number 8 of 2010 concerning Prevention and Eradication of the Crime of Money Laundering states that every person who places, transfers, diverts, spends, pays, grants, entrusts, takes abroad, changes the form, exchanges for currency or securities or acts other assets which he knows or reasonably suspects are the proceeds of a crime with a maximum imprisonment of 20 (twenty) years and a maximum fine of Rp. 10,000,000,000.00 (ten billion rupiah). Based on research at the Special Investigation Unit of the Padang Lawas Police, there was a crime of money laundering. However, in reality there are still obstacles in solving the crime of money laundering. This research aims to explain the law enforcement process by the Criminal Investigation Unit of the Medan Police Special Investigations Section in the crime of money laundering, the efforts made by the Padang Lawas Police Criminal Investigation Unit in dealing with criminal acts of money laundering and the obstacles faced by the Special Criminal Investigation Unit of the Padang Lawas Police Special Investigations Section in tackling the crime of money laundering.
REVIEW OF CRIMINAL LAW IN PROVIDING LEGAL PROTECTION TO CRIME VICTIMS IN THE JUSTICE SYSTEM CRIME IN INDONESIA Ilmuwani Lubis; Karolus Agung Dery Rianto; Irfan Rizky Pradya; Willy Novan Prakoso; Syaiful Asmi Hasibuan
Journal of International Islamic Law, Human Right and Public Policy Vol. 1 No. 4 (2023): December
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v1i4.16

Abstract

There is relatively little attention paid to victims of criminal acts as can be seen in the Criminal Code which only formulates the rights of victims of criminal acts in one article, namely Article 14 c paragraph (1) which regulates the right to compensation for victims of criminal acts of a criminal nature. civil. The Criminal Procedure Code also regulates the rights of victims of criminal acts in Articles 98-101, which regulates combining claims for compensation with criminal cases. In the practice of criminal justice in Indonesia, it can be said that almost no judges make decisions based on the articles mentioned above. The problem in this research is what is the position and role of victims of criminal acts in the criminal justice system in Indonesia; What is the criminal law policy through the responsibilities of the Criminal Justice apparatus in providing legal protection to victims of criminal acts in the criminal justice system in Indonesia; How to provide legal protection to victims of criminal acts in the criminal justice system in the future. This research uses a sociological juridical approach. This research is a type of research that combines a normative approach and a sociological approach. This means that in addition to studying the law in a theoretical context, we also see directly what is happening in society. The research results show that the right to protection and restoration of legal interests in the criminal justice process is as stated in Law Number 8 of 1981 concerning the Criminal Procedure Code and is also formulated morally in Declaration of Basic Principles of Justice for Victims of Crime and abuse of Power, which includes: ways to obtain justice and fair treatment, including, among other things, the right to a mechanism for obtaining justice; has the right to obtain compensation for the suffering he has suffered; It is possible to obtain compensation using formal procedures (law) or informally (by arbitration, customary practices or customary law), which are fast, honest, cheap and acceptable. However, in reality the victim does not get anything.
EFFORTS TO COMBAT MONEY LAUNDERING (RESEARCH STUDY OF MEDAN POLRESTABES) Yasmirah Mandasari Saragih; Ilmuwani Lubis; Karolus Agung Dery Rianto; Irfan Rizky Pradya; Willy Novan Prakoso
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 3 No. 2 (2023): July (July-September)
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/morfai.v3i2.941

Abstract

Money laundering, often known as money laundering, is carried out by government officials who hold the power to roll back money that is not legitimate after getting proceeds that are not theirs. In Indonesian, money laundering is translated by the term "money laundering" or "money bleaching". Article 3 of Law Number 8 of 2010 concerning Prevention and Eradication of Money Laundering Crimes states that Everyone who places, transfers, assigns, spends, pays, grants, deposits, takes abroad, changes forms, exchanges with currency or securities or acts other assets of which he knows or reasonably suspects constitute the proceeds of a crime with a maximum imprisonment of 20 (twenty) years and a maximum fine of Rp. 10,000,000,000.00 (ten billion rupiah). Based on research at the Criminal Investigation Unit of the Medan Police Criminal Investigation Unit, there was a crime of money laundering. However, in reality the settlement of money laundering crimes still faces obstacles. This study aims to explain the law enforcement process by the Criminal Investigation Unit of the Medan Polrestabes in the crime of money laundering, the efforts made by the Criminal Investigation Unit of the Medan Police in tackling money laundering and the obstacles faced by the Criminal Investigation Unit of the Medan Police in tackling money laundering. Data in the completion of this scientific work was carried out using empirical legal research methods by collecting primary data obtained by interviewing respondents and information, while library data was obtained by studying laws and regulations, textbooks, scientific writings, and literature related to the problems discussed in this study. It is recommended to increase the quantity and quality of police personnel and complete the facilities needed by the police as well as increase the budget used to handle cases. As for the inhibiting factors of the Police in tackling money laundering crimes, namely internal factors are law enforcement factors while external factors are legal factors, facilities and infrastructure factors, community factors and cultural factors. It is recommended to increase the quantity and quality of police personnel and complete the facilities needed by the police as well as increase the budget used to handle cases.
Co-Authors Ilmuwani Lubis Irfan Rizky Pradya Karolus Agung Dery Rianto Stephen Martin Syaiful Asmi Hasibuan, Syaiful Asmi Yasmirah Mandasari Saragih