Sunarmi Sunarmi
Universitas Sumatera Utara, Sumatera Utara, Indonesia

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Optimalisasi Penegakan Hukum Pidana terhadap Tindak Pidana Pencucian Uang dengan Modus Jual Beli Rekening Bank: (Studi Putusan Pengadilan Negeri Jakarta Utara Nomor 1080/Pid.Sus/2019/PN. Jkt.Utr dan Putusan Pengadilan Negeri Jakarta Utara Nomor 1131/Pid.Sus/2019/PN. Jkt.Utr) Lorita Tupaida Pane; Sunarmi Sunarmi; Mahmud Mulyadi; Syarifah Lisa Andriati
Jurnal Ilmu Hukum, Humaniora dan Politik Vol. 4 No. 5 (2024): (JIHHP) Jurnal Ilmu Hukum, Humaniora dan Politik (Juli - Agustus 2024)
Publisher : Dinasti Review Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jihhp.v4i5.2208

Abstract

The increase in diversity and complexity of crimes, including the practice of buying and selling bank accounts, is becoming more rampant through direct transactions and e-commerce platforms such as Tokopedia, Lazada, Shopee, and OLX. This illegal practice not only harms legitimate account holders but also negatively impacts society and the state. Bank accounts that are bought and sold are often used to hold funds from crimes such as fraud, drug trafficking, terrorism, online gambling, and other offenses. This study aims to examine the correlation between the practice of buying and selling bank accounts and money laundering crimes, assess the effectiveness of criminal law enforcement through various court decisions, and explore ways to optimize criminal law enforcement against this modus operandi. The research method employs a normative juridical approach supported by empirical data, as well as analysis of primary, secondary, and tertiary legal materials through library and field research. The results show a strong correlation between the practice of buying and selling bank accounts and money laundering crimes as regulated in Law No. 8 of 2010. Law enforcement is still not optimal, as seen from the disparity in the decisions of the North Jakarta District Court Numbers 1080/Pid.Sus/2019/PN. JKT.UTR and 1131/Pid.Sus/2019/PN. JKT.UTR. Optimizing law enforcement can be achieved by enhancing the roles of investigators, public prosecutors, and judges, as well as strengthening regulations and sanctions against negligent banks. This study emphasizes the importance of a good legal system, cooperation between PPATK and law enforcement agencies, and the application of strict sanctions to prevent the misuse of bank accounts and protect the integrity of the financial system.
Pelindungan Hukum Terhadap Personal Guarantee yang Melepaskan Hak Istimewa dalam Perkara Kepailitan (Studi Putusan Pengadilan Niaga Nomor 24/Pdt.Sus- Gugatan Lain Lain/2021/PN.Niaga.Jkt.Pst.) Maristella Pratiwi Damanik; Sunarmi Sunarmi; Mahmul Siregar; Dedi Harianto
Jurnal Ilmu Hukum, Humaniora dan Politik Vol. 4 No. 5 (2024): (JIHHP) Jurnal Ilmu Hukum, Humaniora dan Politik (Juli - Agustus 2024)
Publisher : Dinasti Review Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jihhp.v4i5.2391

Abstract

A personal guarantor has special rights granted by law to protect themselves while fulfilling their obligations. However, in practice, these special rights are often waived, which has significant legal implications, especially in the context of debtor bankruptcy. This research aims to understand the position of a personal guarantor in situations where the debtor is bankrupt, analyze the legal protection for guarantors who waive their special rights in bankruptcy cases, and elaborate on the legal considerations of the Judicial Panel regarding guarantor protection in decision No. 24/Pdt.Sus-Gugatan Lain Lain/2021/PN. Niaga.Jkt.Pst. The method used is normative juridical with a descriptive nature, using a statutory and case approach. Data is obtained from secondary sources, including primary, secondary, and tertiary legal materials, through literature studies and field studies. The analysis is conducted qualitatively with deductive conclusion drawing. The results of the study show that personal guarantors are also considered debtors in the event of debtor bankruptcy, benefiting creditors in fulfilling their claims. Preventive legal protection is provided through comprehensive information, maximum guarantee limits, bankruptcy provisions, and the right of subrogation. Repressive legal protection is carried out through the filing of other lawsuits in commercial courts, as seen in Decision No. 24/Pdt.Sus-Gugatan Lain Lain/2021/PN.Niaga.Jkt.Pst. which granted the lawsuit of the personal guarantor.