Garuda - Garba Rujukan Digital

Pendekatan Kebijakan Negara dalam Memerangi Penggelapan Uang: Perspektif Politik Hukum Ichsandi, Muhammad Wildan; Gunadi, Ariawan; Aprilia, Indah Siti; Matheus, Juan
Jurnal Hukum Lex Generalis Vol 5 No 10 (2024): Tema Filsafat Hukum, Politik Hukum dan Etika Profesi Hukum
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v5i10.967

This research aims to examine the implementation of government policies and the role of legal politics in preventing and combating the crime of money embezzlement. The research method employed is juridical-normative through literature study using statutory and conceptual approaches, with deductive data analysis. The discussion results indicate that law serves a dual function: preventing through norms and sanctions, and prosecuting perpetrators, with the evidentiary focus on malicious intent and the impact of the actions. Combating money embezzlement requires a combination of penal (repressive law enforcement) and non-penal (preventive measures) approaches. Non-penal efforts encompass environmental improvements, legal education, raising public awareness, and securing potential crime targets. Government criminal policy, as part of broader social policy, is manifested through legal socialization by authorities, case analysis, and coordination among institutions and with community leaders. Although penal measures have shown results, their effectiveness still faces challenges such as slow investigations and sophisticated perpetrator methods, making the integration of non-penal strategies crucial. In conclusion, addressing money embezzlement demands firm and comprehensive law enforcement, synergistically integrating penal and non-penal approaches to achieve optimal prevention and control effectiveness.

Analisis Hukum terhadap Dominasi Ekonomi Digital: Potensi Monopoli oleh Danantara sebagai Holding BUMN Digital Ichsandi, Muhammad Wildan; Silalahi, Wilma
Jurnal Hukum Lex Generalis Vol 5 No 10 (2024): Tema Filsafat Hukum, Politik Hukum dan Etika Profesi Hukum
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v5i10.1009

This study aims to analyze the potential monopoly practices of Danantara as Indonesia’s state-owned digital superholding from the perspective of competition law. The research method employed is normative juridical, using statutory and secondary legal sources. The formation of Danantara as the primary manager of major SOE assets risks creating market dominance and hindering fair competition. The excessive concentration of economic power may reduce competitiveness and limit market access for private actors, potentially violating principles of justice and legal certainty. Although Danantara aims to accelerate economic growth and redistribute wealth, its ownership structure and weak oversight mechanisms raise public concerns over potential corruption and mismanagement. Law No. 5 of 1999 on the Prohibition of Monopolistic Practices serves as a crucial tool to assess the legality of such dominance. Therefore, legal structuring and oversight must be implemented transparently and accountably to prevent market distortion. In conclusion, the government must establish clear authority limits and strengthen regulatory supervision to ensure Danantara’s strategic role aligns with fair competition principles.

Perbankan Syariah di Indonesia: Kajian Kritis atas Legislasi dan Implementasinya Rasji; Ichsandi, Muhammad Wildan
Jurnal Hukum Lex Generalis Vol 5 No 10 (2024): Tema Filsafat Hukum, Politik Hukum dan Etika Profesi Hukum
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v5i10.1043

This study aims to analyze the implementation of legal politics in the development of Islamic banking in Indonesia and its contribution to the national economy. The method used is a normative juridical approach through statutory analysis and the progressive legal theory framework. The discussion shows that Islamic banking regulation in Indonesia evolved from Law No. 7 of 1992 to Law No. 21 of 2008, reflecting official recognition of a sharia-based financial system. Although legal frameworks exist, implementation faces philosophical (transparency), sociological (social stigma and HR), and juridical (technical gaps) challenges. Through the lens of progressive legal theory, Islamic banking law is seen not only as normative but also transformative for achieving social justice. Islamic banks play a crucial role in economic redistribution and empowering marginalized communities through ethical financing schemes. Regulatory synergy, public education, and institutional strengthening are essential to ensure the realization of substantive justice in practice. In conclusion, strengthening Islamic banking as a tool of social transformation requires adaptive regulation and consistent enforcement to support a just, inclusive, and sustainable national economic system.

Politik Hukum Digital Banking di Indonesia Ichsandi, Muhammad Wildan; Lie, Gunardi
Jurnal Hukum Lex Generalis Vol 5 No 10 (2024): Tema Filsafat Hukum, Politik Hukum dan Etika Profesi Hukum
Publisher : CV Rewang Rencang

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This research aims to analyze the legal politics of digital banking in Indonesia in the context of protecting the personal data of digital banking customers. The method employed in this study is normative juridical, using statutory and conceptual approaches. The legal politics of digital banking in Indonesia are directed towards providing legal protection for customer data amidst the rapid development of financial technology. The government has formulated various regulations, such as the ITE Law and regulations issued by the Financial Services Authority, to safeguard the digital banking system from cybercrime. Nevertheless, challenges remain in implementing these regulations due to infrastructural disparities and low levels of digital literacy among the public. In addition, coordination between law enforcement agencies and financial authorities needs to be strengthened to ensure effective customer protection. Therefore, digital banking legal policies must be responsive to technological advancements and capable of upholding consumer rights. In conclusion, regulatory harmonization and institutional capacity-building are essential to achieving optimal legal protection in the digital banking sector.

Urgensi Perlindungan Data Pribadi dalam Sektor Perbankan di Era Digital Ichsandi, Muhammad Wildan; Silalahi, Wilma
Jurnal Hukum Lex Generalis Vol 5 No 12 (2024): Tema Hukum dan Hak Asasi Manusia
Publisher : CV Rewang Rencang

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The advancement of digital technology has posed new challenges in personal data protection, especially in the banking sector where sensitivity and trust are crucial. With increasing reliance on digital financial services, personal data has become highly vulnerable to misuse. Public trust in banking institutions depends on their commitment to safeguarding the confidentiality and security of customer data. Existing regulations, though evolving, have not yet fully addressed the growing threat of cybercrime. This study aims to examine the urgency of legal protection for personal data in the banking sector in the digital era. The research uses a normative juridical method with statutory and literature approaches. Findings show that although various laws such as the Indonesian Electronic Information and Transactions Law, the Personal Data Protection Law, and Financial Services Authority regulations exist, their implementation still faces major obstacles, particularly in supervision, sanctions, and technological safeguards. The principles of trust and confidentiality form the basis of bank-customer relationships, yet are often not supported by adequate digital protection systems. Integration between national legal norms and international standards, such as the APEC Privacy Framework, is essential to enhance data security. Therefore, government and financial authorities must strengthen cybersecurity systems, clarify legal consequences for violations, and ensure full compliance with data protection principles to build customer trust and maintain financial system stability.

UPAYA PENEGAKAN HUKUM ATAS TERJADINYA TRANSAKSI FIKTIF PERBANKAN OLEH TELLER BANK BRI KEPADA NASABAH Ichsandi, Muhammad Wildan; Lie, Gurnadi; Syailendra, Moody R.
UNES Law Review Vol. 5 No. 4 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v5i4.642

This study aims to analyse the form of law enforcement on the occurrence of fictitious banking transactions by BRI Bank tellers to customers conducted by bank employees, to find out the form of violations. Analyse the form of law enforcement to banking tellers related to fictitious transactions. This research is a normative legal research. Forms of law enforcement on the occurrence of fictitious banking transactions by BRI Bank tellers to customers. Fictitious transactions (false records) carried out by bank employees are carried out in 2 (two) ways, namely implicitly (Implicit Protection) and explicitly (Expliciti Protection). Implicitly carried out by the bank's own internal policies and responsibilities in carrying out banking activities, and at the same time explicitly carried out through the supervisory means of Bank Indonesia to control and supervise every banking activity of commercial banks. Normatively, legal protection against fictitious transactions is based on Law Number 7 of 1992 concerning Banking. then accommodated also by Law Number 3 of 2004 concerning Amendments to Law Number 23 of 1999 concerning Bank Indonesia and for customer deposit funds regulated under Law Number 24 of 2004 concerning the Deposit Insurance Corporation and also regulated in relation to implementation guidelines through Bank Indonesia Regulations. Law Enforcement to BRI Bank tellers due to fictitious transactions is carried out implicitly and explicitly. Implicitly, namely by imposing administrative sanctions from the bank in the form of Termination of Employment (PHK) to the perpetrator with the initials SAP as a BRI Bank teller and besides that, it is also carried out explicitly in the form of punishment against the suspect with the initials SAP charged with Articles 2 and 3 of Law No. 31 of 1999 concerning Corruption with a penalty of 20 years in prison.

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