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Yudha, Refans Jaka Pratama
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Education Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences

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REFLECTION ON LEGAL STUDIES OF BENEFICIAL OWNERS IN CORPORATIONS COMMITTING MONEY LAUNDERING AND TERRORISM CRIMES IN INDONESIA Yudha, Refans Jaka Pratama; Djaja, Benny
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.v5i4.523

Abstract

In order to advance and develop a base in the national economy where the implementation is carried out on the basis of democracy with the foundations of the principles of togetherness and justice which will later encourage harmony in the implementation of the economy in a sustainable and independent manner so as to form a company in the form of a PT which has competitive power as a driving force for increasing National PDP to provide welfare for all components. Legal consequences when a Money Laundering Crime occurs against a beneficial owner based on the Company Law and Presidential Regulation Number 13 of 2018 concerning the Application of the Principle of Beneficial Owners of Corporations in the Context of Prevention and Eradication of Money Laundering Crimes and Terrorism Financing Crimes, the beneficial owner must be submitted because the beneficial owner is not present in a limited liability company, the beneficial owner as a legal subject to influence or control the limited liability company without having to obtain authorization from any party and is the actual owner of the funds for the ownership of limited liability company shares based on the provisions of Article 4 paragraph (1) letters (e) and (g) so that the criminal act of money laundering and terrorism in a limited liability company is what is being pursued is the actor who is suspected of entering funds as a form of act of money laundering and terrorism.
Kedudukan Hukum Pejabat Lelang Kelas II Membuat Akta Risalah Lelang Terkait Harta Bank dalam Likuidasi Yudha, Refans Jaka Pratama; Rasji, Rasji
UNES Law Review Vol. 6 No. 2 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i2.1380

Abstract

The issue in the case of the liquidation of PT. BPR Argawa Utama, the Deposit Insurance Corporation (LPS) revoked the business license as it was deemed unable to be restored. LPS has the authority to form a liquidation team, declare the bank's status as being under liquidation, and dissolve the legal entity of the bank. Issues arose regarding the execution of auctions by the Class II Auction Official, who lacks clear technical regulations. The authority of auction officials and the efforts of the liquidation team need further clarification through more detailed regulations or guidelines to ensure proper procedures and clear responsibilities in conducting auctions of assets from banks in liquidation. The presence of Class II Auction Officials in Indonesia is to enhance auction services and develop the auction official profession. Class II Auction Officials play a crucial role in ensuring legal certainty in auction execution. Auction reports have the same legal force as authentic deeds; therefore, Class II Auction Officials must prepare clear, readable, and complete auction reports. Additionally, Class II Auction Officials must read and explain the auction report to parties who do not understand. To ensure legal certainty, the role of Class II Auction Officials is vital in the execution of auctions.
Co-Authors Djaja, Benny Rasji, Rasji