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International Asia Of Law and Money Laundering (IAML)
Published by The Indonesian Association of Money Laundering Lawyers
ISSN : 28291654     EISSN : 2829517X     DOI : 10.59712
Core Subject : Humanities, Education, Social,
Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences Other
International Asia Of Law and Money Laundering (IAML) is an open access and peer-reviewed journal that aims to offer an international academic platform for cross-border legal research in multiple governance policies and civil rights law, particularly in developing and emerging countries. These may include but are not limited to various fields such as: civil law, criminal law, constitutional and administrative law, customary institution law, religious jurisprudence law, international regime law, legal pluralism governance, health law, economic law and some of the health and economic another section related to contemporary issues in legal, healt and economic scholarship.
Arjuna Subject : Umum - Umum
Articles 115 Documents
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Criminal Liability for Physical Violence in the Domestic Sphere (Analysis of Medan District Court Decision Number 1264 / Pid.Sus / 2023 / PN Mdn) Syukur Siregar, Abdul; Sitompul, Ariman
International Asia Of Law and Money Laundering (IAML) Vol. 3 No. 4 (2024): International Asia Of Law and Money Laundering (IAML)
Publisher : International Asia Of Law and Money Laundering

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59712/iaml.v3i4.108

Abstract

Many domestic violence criminal events that occur within the household, such as the decision of the Medan District Court Number 1264 / Pid.Sus.2023 / PN Mdn, where the defendant in the name of Bobby Fauzan was only sentenced to 2 (two) months in prison which was actually unworthy and appropriate for what he did to his legal wife. The research used is juridical normative, where research is done by tracing legal material through literature studies. This study is descriptive Analytical that is to analyze the data systematically. Criminal liability against perpetrators of domestic violence in Medan District Court decision number 1264 / Pid.Sus / 2023 / PN Mdn, has not reflected a fair and beneficial verdict for victims. Because between acts with normative provisions that provide mild sanctions for perpetrators are still tertullis and have not been revised. It could happen to a wife again. Whereas Article 28g paragraph (1) of the 1945 Constitution and Law No. 23 of 2004 have provided legal protection clearly and definitely. However, from the aspect of justice and benefit received by the victim for the actions of her husband does not reflect a clear Justice and benefit because the sanctions given are still mild. Thus, it is necessary for Law No. 23 of 2004 to be revised.
Application of Material Criminal Law in the Decision of Case No. 2531/Pid.Sus/2019 / PN Mdn in the Crime of Carrying and Storing Sharp Weapons Maswandi, Maswandi
International Asia Of Law and Money Laundering (IAML) Vol. 3 No. 4 (2024): International Asia Of Law and Money Laundering (IAML)
Publisher : International Asia Of Law and Money Laundering

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59712/iaml.v3i4.109

Abstract

The potential for crime that can arise from the possession or carrying of sharp weapons outside the home is very large so that the existence of emergency laws is maintained with a serious criminal threat. The act of carrying and storing sharp weapons that can be categorized as a criminal offense based on the theory of elements of criminal acts and the emergency law of the Republic of Indonesia number 12 of 1951the research method was to use normative methods. This study was conducted by searching and understanding the literature or information security related to social media and literature research. Application of material criminal law in the decision of Case No. 2531/Pid.Sus / 2019 / PN Mdn is in accordance with the application of the law and meets all the elements of Article 2 Paragraph (1) of Law No.12 emergency year 1951, based on the legal facts revealed at the time of the trial in court took place both witness testimony, testimony of the defendant and the evidence the defendant must account for his actions. The defendant who is considered healthy and performs his actions on the basis of his consciousness and is considered able to account for his actions in accordance with the verdict handed down by the panel of Judges, namely 10 (ten) months imprisonment.
Legal Analysis of Acts of Embezzlement in the Family (Study of Decision Number Number 1314 / Pid.B / 2024 / PN Mdn) Hasbi Simanjuntak, Mhd; Hakim Lubis, Andi; Hakim, Lukman; Martha Sasea, Enny
International Asia Of Law and Money Laundering (IAML) Vol. 3 No. 4 (2024): International Asia Of Law and Money Laundering (IAML)
Publisher : International Asia Of Law and Money Laundering

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59712/iaml.v3i4.110

Abstract

This study aims to look criminologically and juridically about crime in human action which compromises the basic norms of society. Actions elements that violate the rules of living and growing in the community. The type of research used is descriptive analytical about juridical normative, the main material in this study is secondary data conducted by collecting materials in the form of : Primary legal materials, namely legal materials in the form of legislation, official documents have authority related to the problem, namely the Criminal Code. Secondary legal materials, namely all materials laws that are the publication of unofficial documents include books, scientific works. Tertiary Law Materials, that is, the material that provides and explanation of the primary legal material and secondary legal material, such as general dictionaries, legal dictionaries, scientific journals, magazines, newspapers and the internet are still relevant to this study, the results of research and discussion to explain the elements of the crime of embezzlement applied in Decision No. 1314 / Pid.B / 2024 / PN Mdn consists of elements of a subjective offense in the form of a deliberate violator in order to embezzle someone else's property as defined in this article of the law through the wording: intentional and objective violation element it consists of: anyone element, unlawfully mastered element, object element, partial or complete element owned by others and the element of the object there is not for evil.
Bankruptcy Verdict as a Legal Result of the Rejection of the Peace Plan Proposal by Creditors in the Process of Postponing Debt Repayment Obligations (PKPU) Mulyanta Sembiring, Dedek; Sitompul, Ariman; Sahputra, Rilawadi; Azmi, Syariful
International Asia Of Law and Money Laundering (IAML) Vol. 3 No. 4 (2024): International Asia Of Law and Money Laundering (IAML)
Publisher : International Asia Of Law and Money Laundering

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59712/iaml.v3i4.111

Abstract

The process of postponing the debt payment obligation (PKPU) lasts for 270 (two hundred and seventy) days starting from the reading of the PKPU decision. Within 270 days the debtor must prepare a peace plan in the form of a peace proposal that will be offered to the creditors to repay its debts. The peace plan or often referred to as the peace Proposal plan is not clearly regulated and detailed in Law Number 37 of 2007 on bankruptcy and delay and debt repayment obligations. The peace plan is one of the debtor's efforts to make payments on debts that have been registered by creditors, verified and recognized by the debtor which is then authorized by the supervisory judge through the establishment of a fixed Bill list. The peace plan will not necessarily be accepted by the creditors but there will be discussion and voting that will determine whether or not the peace plan offered by the debtor is accepted as a determinant of whether PKPU will end with a bankruptcy decision will be handed down or homologation decision. The method of research conducted in this writing is to use the normative method. This study was conducted by searching and understanding the literature or the bankruptcy law and debt repayment obligation postponement (PKPU) with literature research. This study will examine how the process of postponement of debt repayment obligations (PKPU) until the bankruptcy verdict is handed down to the debtor based on the study of the Commercial Court decision at the Semarang District Court Number : 9/Pdt.Sus-PKPU/2024 / PN.Commerce.Smg). Thus, it can be seen how the process of discussing the peace plan proposal in the process of postponing debt payment obligations (PKPU) will determine whether the bankruptcy decision will be imposed on the debtor or the Peace decision (homologation).
Cryptocurrency Based Money Laundering in Indonesia Sitompul, Ariman
International Asia Of Law and Money Laundering (IAML) Vol. 4 No. 1 (2025): International Asia Of Law and Money Laundering (IAML)
Publisher : International Asia Of Law and Money Laundering

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59712/iaml.v4i1.113

Abstract

Money laundering with Cryptocurrency in Indonesia in the use of digital currencies provides a loophole for criminals to hide the results of criminal acts through money laundering practices. This article reviews various strategies used in money laundering using crypto assets, with the aim of providing a deeper understanding of this issue. This research applies the normative study method by analyzing legal aspects based on literature as well as the latest developments related to money laundering and cryptocurrencies. Money laundering through crypto assets is carried out in order to disguise the source of illegal funds. Some of the commonly used methods include transactions over the dark network as well as the use of unlicensed mixing services. This crime has been regulated in various laws and regulations that aim to prevent and eradicate the practice of money laundering through cryptocurrencies.
Analysis of Money Laundering Using Banking System with Criminal Origin of Fraud (Supreme Court Decision Study No. 2770 K / Pid.Sus / 2024) Hasbi Simanjuntak, Mhd
International Asia Of Law and Money Laundering (IAML) Vol. 4 No. 1 (2025): International Asia Of Law and Money Laundering (IAML)
Publisher : International Asia Of Law and Money Laundering

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59712/iaml.v4i1.114

Abstract

Money laundering not only threatens economic stability and System Integrity financial, but also endanger the joint life of society, nation, and state based on Pancasila and the Constitution of the Republic of Indonesia in 1945 Money laundering is done to disguise the proceeds of crime. In this case, will be appointed based on criminal origin fraud. Related to case studies based on the decision of the Supreme Court Number 2770 K / Pid.Sus/2024. Fashion crime in the sector banking, in this case, using banking services. Predicate crime (origin of crime) it is a fraud defendant Tayo Tolu Omodaratan alias Adam has been proven legally and convincingly guilty of committing the act Criminal where “participated in fraud and laundering Money”
Legal Analysis of Laundering in Article 137 Letter a of Law Number 35 of 2009 on Narcotics (Case Study Supreme Court Decision No. 994 PK / Pid.Sus / 2024) Asliani, Asliani
International Asia Of Law and Money Laundering (IAML) Vol. 4 No. 1 (2025): International Asia Of Law and Money Laundering (IAML)
Publisher : International Asia Of Law and Money Laundering

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59712/iaml.v4i1.115

Abstract

Current technological developments help society and a country in doing daily activities, these activities can be engaged in economic, social and political. Wrong one act that uses the development of technology in the form of crimes involving financial system for example divert some money obtained from the proceeds of crime generally referred to as money laundering or money laundering ang done with trying to hide money through the bank to look like money earned from legitimate activity and avoid suspicion that the money is illegal. As for the a problem in this study is how criminal liability perpetrators money laundering from narcotics. Legal research methods used in this study is the type of normative juridical research that reveals rules - normative and Basic Rules - the principle of law which is the policy in formulating action criminal and analyze library materials, one of which is the Supreme Court decision number 994 PK / Pid.Sus/2024. Based on the results of research on the Supreme Court Decision No. 994 PK/Pid.Sus / 2024 can be concluded that that the judge decided the case based on elements - elements of Juridical consideration of judges based on Law- Law No. 35 of 2009 on narcotics and witness statements and tools evidence is a legal legal conclusion on the facts revealed in the trial. For that Panel of judges to be more wise in sentencing the perpetrators of criminal acts Money laundering derived from narcotics acts by imposing penalties that can provide a deterrent effect for the perpetrators of the crime.
Analysis of Money Laundering by Applying a Pyramid Scheme System in Distributing Goods” With Fraud Mode (Case Study Of Supreme Court Decision No. Number 4202 K / Pid.Sus/2023) Maswandi, Maswandi
International Asia Of Law and Money Laundering (IAML) Vol. 4 No. 1 (2025): International Asia Of Law and Money Laundering (IAML)
Publisher : International Asia Of Law and Money Laundering

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59712/iaml.v4i1.116

Abstract

This study is intended to analyze the modus operandi used and how consideration of judges in the settlement of cases of money laundering, as well as countermeasures can be done against business fraud crimes that apply pyramid schemes in Supreme Court decision number 4202 K / Pid.Sus/2023 . Juridical method empirical is used in tracing data sourced in normative research. The results of the study produced the cause mode of money laundering with the origin of fraud businesses that implement pyramid schemes is public ignorance of good investment or wrong. Consideration of judges in the settlement of cases of business fraud that apply the scheme pyramid, stating that this crime is proven to violate the actions of the defendant as set and threatened in Article 378 of the criminal code in conjunction with Article 55 Paragraph (1) to-1 of the Criminal Code;. Attempts countermeasures can be done with pre-emtive efforts, namely the implementation of routine socialization and provision program for good investment, further preventive efforts through increased supervision and implementation of inspections of businesses that have permission or not to invest heavily in society, as well as repressive efforts in the form of sanctions, enforcement and punishment of punishment.
Analysis of the Crime of Money Laundering with Counterfeiting and Money Laundering Together and Continuing (Case Study of Supreme Court Decision No. 4857 K/Pid.Sus/2024) Muda Sipayung, Iskandar
International Asia Of Law and Money Laundering (IAML) Vol. 4 No. 1 (2025): International Asia Of Law and Money Laundering (IAML)
Publisher : International Asia Of Law and Money Laundering

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59712/iaml.v4i1.117

Abstract

This paper departs from the problems of any criminal acts related to money laundering as supplementary crimes and is there a legal basis to apply pengga / ihan burden absolute proof (shifting burden of proof~ in the process of money laundering. Results the study concluded, that the falsification of letters that become predicate crime. Legal basis for applying the absolute transfer of the burden of proof (shifting burden of proof in the process of money laundering applied Article 263 Paragraph (1) Criminal Code juncto Article 55 Paragraph (1) to 1 Criminal Code juncto Article 64 Paragraph (1) Criminal Code, Article 3 juncto Article 10 law. Law No. 8 of 2010 on prevention and Eradication Money laundering in conjunction with Article 64 Paragraph (1) of the Criminal Code, Law- Law No. 8 of 1981 on Criminal Procedure Law, Law- Law No. 48 of 2009 on Judicial Power, and Law No. 14 of 1985 on the Supreme Court as amended by Law No. 5 of 2004 and the Second Amendment To Law No. 3 of 2009, the point is that the original crime or predicate crime is not required to be proven first.
Types of Corruption Education in Medan City Hasbi, Hasbi; Mhd. Nasir Sitompul
International Asia Of Law and Money Laundering (IAML) Vol. 4 No. 2 (2025): International Asia Of Law and Money Laundering (IAML)
Publisher : International Asia Of Law and Money Laundering

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59712/iaml.v4i2.119

Abstract

Corruption crimes occur in North Sumatra precisely in the city of medan with various types of cases in various fields. The field of education is one of the fields used by corruptors to enrich themselves . The most dominant forms of corruption occur such as unauthorized levies on students and misuse of school operational assistance funds.the analysis uses Jack Bologne'S GONE theory to describe the characteristics of corruption in education. It is important to provide an understanding of the form and characteristics of the crime in order to determine the countermeasures properly. forms of corruption in the field of education in the city of medan. Modus operandi of the perpetrators it is very easy to commit corruption because lack of oversight on the part of local governments as well as the tendency of law enforcement who are reluctant to handle cases of corruption in the field of education although aware of the practice of illegal levies made by the school to its students. Of the various forms of corruption in the field of education is then done.

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