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INDONESIA
Legalpreneur Journal
Published by Universitas Dharmawangsa
ISSN : 29620961     EISSN : 29649889     DOI : https://doi.org/10.46576/lpj.v1i1
Core Subject : Humanities, Education, Social,
Humanities Law, Crime, Criminology & Criminal Justice Other
We provide editors and reviewers on topics related to legal issues globally. The scope of articles published in this journal is related to the Department of Law available in the Master Of Law at Dharmawangsa University, where the purpose of this journal is to provide a forum for academics, practitioners and researchers to publish research manuscripts or conceptual manuscripts. The scope of articles published in this journal deals with topics in the fields of Comparative Law, Customary Law, Constitutional Law, Administrative Law, Criminal Law, Civil Law, International Law, Islamic Law, Environmental Law, Economic Law, Medical Law and other discussions related to the study of law.
Arjuna Subject : Umum - Umum
Articles 72 Documents
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Proof Of Criminal Origin Related To Money Laundering In Mutual Fund Investment Activities In Supreme Court Decision Number 2937 K/Pid.Sus/2021 Surnada, Surnada; Kusbianto, Kusbianto; Sitompul, Ariman
Legalpreneur Journal Volume 3, No. 1 October 2024
Publisher : Universitas Dharmawangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46576/lpj.v3i1.5029

Abstract

The crime of money laundering in the form of mutual fund investments is a serious crime that can threaten the stability of the financial system and economy. Perpetrators use mutual funds as a means to disguise the origin of illegal funds resulting from criminal acts, such as corruption, which are then invested as if they were legitimate funds. This not only harms the country financially, but can also reduce investor confidence in the mutual fund industry. Therefore, it is important to examine the criminal liability of perpetrators of money laundering in mutual fund investments in order to maintain the integrity of the financial system and provide a deterrent effect for perpetrators of similar crimes. This research is aimed at analyzing the legal regulation of criminal acts of money laundering in mutual fund investment activities in Indonesia, proof of predicate crimes related to criminal acts of money laundering in mutual fund investment activities in Supreme Court Decision Number 2937 K/Pid.Sus/2021, as well as criminal responsibility for perpetrators of these crimes. money laundering crime in mutual fund investment activities in Supreme Court Decision Number 2937 K/Pid.Sus/2021.The research method used is normative juridical research, which is supported by primary and secondary data sources. All legal materials were collected using library research techniques using document study data collection tools. Apart from that, field studies were also carried out using interview methods and analyzed qualitatively.The results of the research and discussion concluded that the legal regulations related to the crime of money laundering in mutual fund investment activities in Indonesia are as regulated in Law Number 8 of 2010. Based on Supreme Court Decision Number 2937 K/Pid.Sus/2021, it can be concluded that the defendant Benny Tjokrosaputro proven to have committed a criminal act of corruption together with other parties in managing investments at PT Asuransi Jiwasraya (Persero) which caused state losses amounting to IDR 16.807 trillion, as well as a money laundering crime of IDR 6.078 trillion, so he was sentenced to life imprisonment and payment of compensation to the state, based on valid evidence at trial and the fulfillment of the elements of the criminal act in accordance with the articles charged.
The Role Of Investigators In The Application Of Restorative Justice And Rehabilitation To Victims Of Drug Abuse In The Belawan Port Police Sirait, Mangatur; Kusbianto, Kusbianto; Sitompul, Ariman
Legalpreneur Journal Volume 3, No. 1 October 2024
Publisher : Universitas Dharmawangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46576/lpj.v3i1.5031

Abstract

This study aims to determine the application of restorative justice and rehabilitation in the case of narcotics crime in legislation, the role of investigators in implementing restorative justice and rehabilitation in the Belawan jurisdiction, as well as the obstacles faced by investigators in implementing restorative justice and rehabilitation in the region. The research method used in this study is empirical juridical research that combines elements of law and scientific method. This study uses a qualitative approach with data collection techniques through interviews and document studies. The data sources consist of primary data obtained through observation, interviews, and questionnaires, as well as secondary data derived from primary and secondary legal materials. Data analysis is done descriptively by grouping, interpreting, and summarizing the data obtained. Investigators have an important role in handling cases of victims of drug abuse, including in the investigation, investigation, and rehabilitation. The implementation of restorative justice and rehabilitation at the Belawan Port Police Station has been carried out, but there are still obstacles such as lack of knowledge and skills of investigators, lack of support and facilities, and lack of community involvement. Increased training for investigators and stronger cooperation with communities and rehabilitation institutions are needed to improve the effectiveness of Drug Abuse Prevention.
Onrechmatige Daad and Default on Supreme Court Decision Number: Number: 1120 K / Pdt/2022 Jo. Number: 342 / Pdt / 2021 / PT MDN 342 / Pdt / 2021 / PT MDN. Purnomo, Sigit; Saputra, Rilawadi; Kusbianto, Kusbianto
Legalpreneur Journal Volume 3, No. 1 October 2024
Publisher : Universitas Dharmawangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46576/lpj.v3i1.5130

Abstract

Procurement agreements have a very important function in the development of the country's economy, the amount of state money involved in this agreement is very large. Failure to fulfill this feat is often the basis for the injured party not to execute the agreement. The existence of parties who do not run the agreement often arise disputes because there are parties who feel disadvantaged as a result of this. The purpose of this research is to: 1). Describe the form of unlawful acts and defaults in the implementation of the procurement of goods and services in the decision of the Supreme Court Number: 1120 K/Pdt/2022 Jo. Decision number: 342/Pdt/2021 / PT MDN, 2). Reviewing legal considerations by judges in Supreme Court decision number: 1120 K/Pdt/2022 Jo. Decision number: 342/Pdt/2021 / PT MDN, 3). Reviewing the legal settlement of disputes over the procurement of goods and services that are not in accordance with the agreement on the Supreme Court decision number: 1120 K/Pdt/2022 Jo. No.342 / Pdt / 2021 / PT MDN. This type of research is normative legal research the data source of this research is secondary data, which includes: primary legal materials, secondary legal materials and tertiary legal materials. The method of data collection using the study of literature and documents. Analysis of research data using normative analysis of research results obtained a conclusion that: 1). Form of tort and tort in the Procurement Agreement of goods and services with number: PJJ.04.04.01/05/07/2019/0104 about the procurement and installation of AC (Air Conditioner) at Garbarata Kualanamu Deli Serdang International Airport in the Supreme Court decision number: 1120 K/Pdt/2022 Jo. No.342/Pdt/2021/PT MDN is the plaintiff/comparator/applicant for Cassation I / respondent to Cassation II (CV. Marendal Mas) is considered to have done what was promised, but it is too late and the defendant/compared/applicant Cassation II / respondent Cassation I (PT. Angkasa Pura II Kualanamu Airport Branch) did not immediately make payment for the work that the plaintiff/comparator plaintiff/comparator/Cassation applicant I/Cassation respondent did, as a result CV. Marendal Mas felt aggrieved because he could not pay the working capital of the bank and declared bad loans and collateral threatened with auction.
Business Dispute Settlement Employment Chartering Agreement In The Perspective Of Legal Certainty Saputra, Iqbal; Kusbianto, Kusbianto; Sitompul, Ariman
Legalpreneur Journal Volume 3, No. 1 October 2024
Publisher : Universitas Dharmawangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46576/lpj.v3i1.5030

Abstract

The background of the problems in this thesis research is a business dispute agreement chartering Pekerajaan with a peace decision between Antony Simon melaawan LAI MEE YEK that can be resolved through the mediation process. In conducting the mediation process in court with a peace decision (deed of Vandading) in the Medan District Court in accordance with the mediation implementation procedure as stipulated in PERMA No. 1 of 2016. The problems discussed in writing this thesis is how the legal regulations in the settlement of business disputes on the tort of default, how the settlement of cases of tort of default with the occurrence of peace (Dading) by the Medan District Court and how the settlement of business disputes chartering Pekeraja agreement with the Peace decision (deed Vandading) in Medan District Court. The research method used in the writing of this thesis is a type of normative-empirical legal research, by conducting doctoral research directly and using data collection tools in the form of interviews. Based on the results of research, the process of resolving default business disputes through a simple lawsuit based on perma number 4 of 2019 with a material lawsuit of at most Rp.500.000.000, - (five hundred million rupiah) in order to achieve legal certainty should be in the lawsuit the plaintiff appealed to the Chairman/panel of judges who examined and tried this case to put a temporary bail seizure (conservatoir beslagh) against the defendant's property both movable and immovable. In order to avoid greater financing and longer time in resolving this matter.
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Legalpreneur Journal Volume 3, No. 1 October 2024
Publisher : Universitas Dharmawangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46576/lpj.v3i1.5131

Abstract

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Arbitration In Legal Remediesn Against Dispute Resolution Construction Service Contract Safnul, Dody
Legalpreneur Journal Volume 3, No. 1 October 2024
Publisher : Universitas Dharmawangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46576/lpj.v3i1.5032

Abstract

The purpose of this research is to find out what are the advantages and deficiencies in problem solving through arbitration and how the process dispute resolution through arbitration in construction contract disputes. By using research methods juridical normative, it can be concluded, that: 1. Arbitration is the way settlement of a civil dispute in outside the general court based on arbitration agreements made written by the parties to the dispute. 2. The existence of a written agreement negates the right of the parties to apply resolution of disputes or disagreements what's included in the agreement state court. 
Accountability For Corruption Of Village Funds By The Head Of Paridanggaran Village Toba Samosir Regency (Study Verdict Number: 55 / Pid.Sus-TPK/2018 / FR.Mdn) Panjaitan, Uli; Kusbianto, Kusbianto; Simamora, Melki Suhery
Legalpreneur Journal Volume 3, No. 2 April 2025
Publisher : Universitas Dharmawangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46576/lpj.v3i2.6244

Abstract

Cases of abuse that occur in village fund management are carried out with various modus operandi such as drafting a budget above the market price and then paying based on other agreements, borrowing while the village fund by moving funds to a personal account and then not being returned. The formulation of the problem is how the village fund deviation by The Village Head of Paridanggaran, Toba Samosir regency, North Sumatra Province, how the accountability of perpetrators of village fund corruption in the decision of PN. Tipikor Number : 55 / Pid.Sus-TPK/2018 / FR.Mdn, how the basis of consideration of the judge handed down the verdict against the defendant in the decision of PN. Tipikor Number: 55 / Pid.Sus-TPK/2018 / FR.Mdn. The research method used is descriptive analysis that leads to normative juridical law research, namely research conducted by referring to legal norms, namely researching library materials or secondary materials. Secondary Data by processing data from primary legal materials, secondary legal materials and tertiary legal materials. The results showed that the deviation of village funds by the head of Pardinggaran Village related to village funds in 2016 Toba Samosir regency, North Sumatra province is the village fund budget that has been disbursed by the defendant Marhuarar Pangaribuan as the head of Pardinggaran village, but in carrying out activities using village funds not included other village officials, should be used to finance activities in accordance with the draft Paridanggaran village budget. Accountability perpetrators of corruption in the village Fund decision PN. Tipikor Number: 55 / Pid.Sus-TPK/2018 / FR.Mdn is Marhuarar Pangaribuan sentenced to prison for 2 years 6 months and a fine of Rp.50.000.000, - (fifty million rupiah).
The Crime Of Having An Abortion Without Indication Of A Medical Emergency And Pregnancy Due To Rape (Decision Study Number 170 / Pid.Sus / 2019 / PN Bau) Fredy, Fredy; Ruslan, Ruslan; Nurhayati, Nurhayati
Legalpreneur Journal Volume 3, No. 2 April 2025
Publisher : Universitas Dharmawangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46576/lpj.v3i2.6245

Abstract

Abortion is a social phenomenon that is becoming more and more alarming every day. A pregnant woman out of wedlock is forced to choose an abortion related to 12 reasons both internal and external underlying. Although the fetus belongs to the woman who is carrying it, abortion or the murder of the womb committed by herself is an act that is punishable, provided for in Article 346 of the Criminal Code. The judge in deciding the case of abortion cases in addition to paying attention to the provisions written in the law in order to fulfill the purpose of the conviction to provide a deterrent effect and improve, also uses his conscience based on a sense of Community Justice. The purpose of this study is to analyze the case study of the decision of the Baubau District Court decision number 170/Pid.Sus / 2019 / PN Bau concerning illegal abortion in accordance with Article 75 of Law Number 36 of 2009 concerning health is connected with the purpose of punishment. This research method uses normative juridical approach. The results showed that even if a woman aborts her own fetus without indication of a medical emergency and as a result of rape, she is punished according to applicable law. The panel of judges in this case has used his conscience considering the mitigating or aggravating circumstances of the defendant. The judge's consideration in giving the verdict has fulfilled the sense of justice and educated the public to avoid illegal abortion.
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Legalpreneur Journal Volume 3, No. 2 April 2025
Publisher : Universitas Dharmawangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46576/lpj.v3i2.6241

Abstract

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Juridical Review Of The Dissolution Of Marriage For Buddhists In Indonesia (Decision Study No. 66 / Rev.G./ 2024 / PN Mdn) Safnul, Dody; Azmi, Syariful; Halimatusdiyah, Halimatusdiyah
Legalpreneur Journal Volume 3, No. 2 April 2025
Publisher : Universitas Dharmawangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46576/lpj.v3i2.6246

Abstract

Marriage in Buddhism aims to create a happy family, so for that the faithful must follow the teachings of the Buddha about the practice of the right life. The formulation of the problem is how the legal arrangements relating to the dissolution of marriage due to divorce of Buddhists, how the legal consequences of the dissolution of marriage of Buddhism. The research method used is descriptive analysis that leads to normative juridical law research, namely research conducted by referring to legal norms, namely researching library materials or secondary materials. Secondary Data by processing data from primary legal materials, secondary legal materials and tertiary legal materials. The results showed that in the case of divorce, the Buddhists follow the law of the Republic of Indonesia No. 1 of 1974 on marriage. Article 38 of Law No. 1 of 1974 states that a marriage can be dissolved by death, divorce, or by a court decision. As a result of the divorce law on the position, rights and obligations of the former husband/wife according to Article 41 letter c of Law No. 1 of 1974 is that the court may require the former husband to provide living expenses and/or determine an obligation for the former wife. Normative provisions in Article 41 letter c of Law No. 1 of 1974 are related to Article 11 of Law No. 1 of 1974 which contains normative provisions that a woman who breaks up her marriage applies a waiting period, which then this article has been spelled out in Article 39 of Government Regulation No. 9 of 1975 which contains imperative provisions that for a widow, so the waiting time for widows who are still menstruating is set 3 (three times) holy with at least 90 (ninety) days and for those who are not menstruating set 90 (ninety) days. If the marriage is broken, and the widow is pregnant, the waiting period is set until she gives birth.

Page 7 of 8 | Total Record : 72

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