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Penerapan Ajaran Kausalitas Atas Kasus Pembunuhan “Kopi Sianida” Dengan Terdakwa Jessica Kumala Wongso Syarlis
Varied Knowledge Journal Vol. 2 No. 2 (2024): November: Varied Knowledge Journal
Publisher : CT. Rajawali media Utama

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Abstract

In determining the causal relationship between actions and the resulting consequences, criminal law uses certain measures or criteria to determine the causal relationship between actions and the resulting consequences. This is where the teaching of causality is important, in seeing the relationship between one action and another which causes prohibited consequences. Based on the results of the analysis, it shows that the role of the Judge in making decisions is associated with the teaching of causality, namely the use of logic and legal reasoning in linking a series of events with the evidence and fatka - the facts presented. Consolidating/finding a series of events, namely seeing, admitting and confirming that a criminal act has occurred. In decision number 777/Pid.B/2016/PN.JKT.PST, the judge's role in decision making is linked to the teaching of causality, namely the use of logic and legal reasoning in linking a series of events with the evidence and facts presented.
EFEKTIVITAS PERMA NOMOR 1 TAHUN 2013 DALAM PENANGANAN HARTA KEKAYAAN TINDAK PIDANA PENCUCIAN UANG OLEH PENYIDIK SUBDIT III DITTIPIDEKSUS BARESKRIM POLRI Syarlis; M. Mustofa; Novi Indah Earlyanti
JURNAL LENTERA BISNIS Vol. 14 No. 2 (2025): JURNAL LENTERA BISNIS, MEI 2025
Publisher : POLITEKNIK LP3I JAKARTA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34127/jrlab.v14i2.1554

Abstract

This study aims to analyze the effectiveness of the implementation of Supreme Court Regulation (PERMA) Number 1 of 2013 in the application for handling assets derived from money laundering crimes by investigators of Sub-Directorate III of the Directorate of Special Economic Crimes (Dittipideksus) at the Criminal Investigation Department (Bareskrim) of the Indonesian National Police. PERMA serves as an alternative procedural mechanism when the suspect is not found, complementing the limitations of the Criminal Procedure Code (KUHAP) and filling the procedural legal void referred to in Article 67 paragraph (2) of Law Number 8 of 2010. This research also aims to identify the obstacles faced by investigators and analyze the solutions applied by investigators to overcome those obstacles. The study employs a constructivist paradigm with a qualitative approach using field research methods. Data collection techniques include interviews, observations, and document studies. The validity of the data is tested using source, method, and time triangulation techniques. Data analysis follows the Miles & Huberman model, which consists of data reduction, data presentation, and conclusion drawing. The results show that the application of PERMA is relatively effective in providing legal certainty over assets derived from money laundering crimes where suspects remain unidentified during investigation. The stages of the application process include the receipt of an Analysis Report (LHA) from the Financial Transaction Reports and Analysis Center (PPATK), investigation, prosecution, submission of case files, and filing of asset handling requests to the District Court where the assets are located. The obstacles found in the implementation of PERMA include: limited scope of assets eligible for application, strict procedural deadlines, differences in legal interpretation between investigators and judges, weak inter-agency coordination, and low levels of public socialization resulting in negative perceptions. To overcome these challenges, investigators implement various solutions such as: discretionary urgent seizures, accelerated asset seizure processes, intensive public outreach on the applicable regulations, streamlined inter-agency coordination, and improved investigator competence. These solutions reflect a responsive and adaptive law enforcement approach in the context of state asset recovery.