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INDONESIA
INSPIRING LAW JOURNAL
Published by Universitas Muhammadiyah Sumatera Utara
ISSN : -     EISSN : 30251958     DOI : -
Core Subject : Humanities, Education, Social,
Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences
Criminal Law, administrative law, Custom law, legal philosophy, sociology of law, Socio-legal studies, Constitutional Law, International Law, Agrarian Law, Environmental Law, Private Law, Criminal Procedural Law, Islamic Law, Administrative Law, Commercial Law, and Human Rights Law
Arjuna Subject : Ilmu Sosial - Hukum
Articles 73 Documents
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Account Trading As A Form Of Money Laundering Ritonga, Arifin Said
Inspiring Law Journal Vol 2, No 1: Januari - Juni
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Abstract

In practice, buying and selling bank accounts is often used to hide or disguise the origin of funds that are the result of criminal acts, thus obscuring the financial trail and complicating law enforcement efforts. In cases of money laundering, buying and selling bank accounts can be categorized as active and passive money laundering. The party selling the account can be categorized as a passive money launderer because the perpetrator receives or controls assets that are the result of criminal acts. Conversely, the party buying the account can be categorized as an active money launderer because the perpetrator takes active actions such as placing, transferring, spending, or disguising the origin of assets that are the result of criminal acts. Due to the rampant buying and selling of accounts, the OJK has ordered banks to block a number of accounts used in illegal activities, fraudulent transfers by pretending to buy and sell goods, including online gambling. This refers to several provisions in Law Number 4 of 2023 concerning the Development and Strengthening of the Financial Sector. However, the absence of regulations on penalties and prohibitions regarding the practice of buying and selling accounts in the TPPU Law makes it difficult to impose criminal liability on the perpetrators. Because the principle of legality in criminal law stipulates that a crime cannot be punished except based on the principle of legality, the criminal provisions of the law that existed before the crime was committed. Thus, there needs to be a provision or change to the rules that can accommodate the sale and purchase of this account. The practice of buying and selling bank accounts has not been clearly and in detail regulated in Law No. 8 of 2010 concerning the Prevention and Eradication of Criminal Acts of Corruption
Perlindungan Hak Konsumen Terkait Transaksi Barang Palsu Pada Situs Jual Beli Online Maharani, Juwita; Suhra, Amedina Mellicha; Luthfiansyah, Arif; Fajriawati, Fajriawati
Inspiring Law Journal Vol 1, No 1: Juli - Desember
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Tujuan dalam artikel penelitian ini yaitu untuk memahami perlindungan hukum terhadap hak konsumen terkait transasksi barang palsu pada situs jual beli online. Penulisan ini menggunakan metode penelitian hukum normatif yaitu meneliti dan mengkaji suatu peraturan-peraturan tertulis atau norma-normayang ada dalam peraturan, penelitian ini menetili dan mengkaji melalui peraturan-peraturan, literatur, jurnal serta bahan hukum lainnya. Pendekatan yang digunakan adalah pendekatan perundangan- undangan dan pendekatan konseptual. Pendekatan perundangan-undangan yaitu mengkaji undangundang dan peraturan lainnya yang serupa dengan permasalahan yang ada.
Legal Protection For Children As Victims Used As Narcotics Couriers Lubis, Pangiutan Tondi
Inspiring Law Journal Vol 2, No 2: Juli - Desember
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Law Number 35 of 2009 concerning Narcotics, explains in general about criminal sanctions for drug intermediaries (couriers) but does not specifically regulate criminal sanctions for children who become drug couriers. However, basically, perpetrators of drug trafficking involving children as drug couriers are still subject to the articles as regulated in the Narcotics Law but without ignoring the special provisions regulated in Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. Diversion can only be implemented for crimes with a prison sentence of less than 7 (seven) years. Legal treatment for minors in drug trafficking cases should receive serious attention. Law enforcers and those processing and deciding must be sure that the decisions taken will be a strong basis for returning and managing children towards a good future to develop themselves as citizens who are responsible for the life of the nation
Forms And Mechanisms Of Business Dispute Resolution In Indonesia Siahaan, Herikson P
Inspiring Law Journal Vol 1, No 1: Juli - Desember
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In Indonesia, there are two types of non-litigation settlement, namely arbitration and alternative dispute resolution in accordance with UUAAPS. Alternative dispute resolution or ADR is a form of dispute resolution outside the court based on an agreement (consensus) carried out by the disputing parties either without or with the assistance of a neutral third party. Settlement of business disputes containing criminal elements through a restorative justice approach is used if there is sufficient evidence to prosecute the perpetrator of the crime and is accompanied by the freedom and voluntariness of the victim and perpetrator. Settlement is carried out as much as possible for the recovery of the victim, and is carried out if the perpetrator realizes and admits his mistake and the consequences for the victim and the community, and the perpetrator is willing to take responsibility voluntarily. By involving the community who can act as organizers, observers or facilitators
Legal Protection For Trademark Owners Kartika, Nana
Inspiring Law Journal Vol 2, No 1: Januari - Juni
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According to Law Number 20 of 2016 concerning Trademarks and Geographical Indications, to obtain rights to a trademark, the trademark must be registered with the Directorate of Trademarks of the Ministry of Law and Human Rights of the Republic of Indonesia according to the constitutive system. Indonesia adopts a first to file system, namely where the first party to submit an application for trademark registration gets priority to first register the trademark rights, then will get exclusive rights to their trademark and receive legal protection. So this provision is different from the norm adopted in Law Number 28 of 2014 concerning Copyright which adopts the principle of first to use. Exclusive rights can be defined as the right to "provide protection guarantees to the owner of the trademark and is the sole owner who has the right to use and use and prohibit anyone from having and using it
VASECTOMY IN ISLAMIC LAW PERSPECTIVE Lubis, Said Ahmad Sarhan
Inspiring Law Journal Vol 3, No 1 (2025): Januari-Juni
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This writing discusses the Islamic perspective on one of the permanent contraceptive of Family Planning (KB), namely Vasectomy. Vasectomy is term of surgery science which is formed from two words namely vas and entomic. Vas or vase differentia means seed channel namely the channel circulates spermatozoa out of testis where the seed cell is produced towards pocket of sperm (vesikulamenalis) as place of spermatozoa reception before being spread while having ejaculation. Ektomi or ektomia means cutting of part. So vasectomy means cutting of part (0,5-1 cm) of seed channel so there is distance between the edge of seed channel of testis side, other seed channels left and each of both of the remaining channel edge are tied then it is clogged. Indonesia Cleric Assembly (MUI) as institution of discussion for all Indonesian clerics has legalized a fatwa about prohibition of vasectomy. The people who have done the practice of vasectomy just think to avoid bearing children anymore in order to reduce economy problem
REHABILITATION MECHANISM FOR VICTIMS OF RAPE S Hutapea, Novelina Mutiara; Gultom, Sarles; Nababan, Bramayana; Telaumbanua, Chris Jolly Gunanta; Sirait, Kevin Sturges
Inspiring Law Journal Vol 2, No 2: Juli - Desember
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The perpetrator of rape should be burdened with the responsibility to, among other things, provide compensation (restitution), treat, and bear the costs incurred for the victim's mental or psychological recovery from the traumatic experience. If the perpetrator is unable to carry out these obligations, then the obligation becomes the responsibility of the state and society. Meanwhile, perpetrators who are unable to fulfill their obligations are burdened with substitute punishment in the form of imprisonment as a subsidiary punishment. The question is, in which law should these provisions be regulated? Because all criminal justice processes culminate in the Criminal Procedure Code, the first provision regarding the imposition of responsibility for compensation must be expressly stated in the Criminal Procedure Code. Furthermore, of course in the Criminal Code as the umbrella of national criminal law, which is then also regulated in laws that are lex specialis. The form of compensation can be submitted to the court through the LPSK by the victim of the crime of rape, their family, or their attorney, which can be in the form of material and immaterial. Material compensation in the form of restitution and compensation, and immaterial compensation can be in the form of assistance, namely psycho-social rehabilitation. In providing compensation, the priority is psycho-social rehabilitation, because restoring a person's condition cannot be done through material provision alone
LEGAL PROTECTION FOR CHILDREN AS PERPETRATORS OF TERRORISM CRIMINAL ACTS Sitinjak, Humala; Damanik, Jenriswandi; Simarmata, Indra Christoper; Ginting, Natalia; Gaol, Yesmita Lumban
Inspiring Law Journal Vol 1, No 1: Juli - Desember
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Legal protection for children who are exploited by adults involved in acts of terrorism is subject to the provisions of Law Number 11 of 2012 concerning the Juvenile Justice System which regulates that children as perpetrators of criminal acts can be subject to diversion as an effort of restorative justice. In the provisions of Article 6 of Law Number 11 of 2012, it states that diversion aims to achieve peace between victims and children as a manifestation of efforts to resolve children's cases outside the judicial process. The purpose of the diversion mechanism is to prevent children from deprivation of liberty and encourage the community to participate and instill a sense of responsibility in children and as a form of protection for the future of children who are exploited by adults to commit acts of terrorism in particular. As regulated in Article 7 of Law Number 11 of 2012 which states that cases of children who commit criminal acts that can be diverted are criminal acts with a prison sentence of less than 7 years and not a repetition of the crime. Article 9 of Law Number 11 of 2012 emphasizes that the lower the criminal threat, the higher the priority for diversion. Children who are perpetrators of terrorism crimes are victims of crimes and not perpetrators of crimes because they are victims who are exploited by adults who should receive protection, so children who are involved in terrorism crimes should receive rehabilitation
RESTORATIVE JUSTICE AS AN EFFORT TO RESTORE VICTIMS' RIGHTS Sipayung, Parlin Dony; Candra, Satria; Tungkir, Therecsya BR; Br Sinaga, Clarita Septiana; Napitu, Seimei; Situmorang, Rio Irawan Maruba
Inspiring Law Journal Vol 2, No 1: Januari - Juni
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The mechanism for resolving cases based on restorative justice is based on deliberation and consensus where the parties are asked to compromise to reach an agreement. Each individual is asked to give in and put the interests of society above personal interests in order to maintain harmony together. The concept of deliberation has proven to be more effective in resolving disputes in society amidst the failure of the role of the state and the courts in providing a sense of justice. The main objective of restorative justice is to empower victims where perpetrators are encouraged to pay attention to the victim's recovery to their original state, whether the victim's material, emotional and social needs are met. This is done because the success of restorative justice is measured by the extent of the losses that have been restored by the perpetrator to the victim, not by the severity of the sentence imposed by the judge on the perpetrator. Restorative justice from a victimology perspective can be applied in resolving criminal cases in Indonesia in order to reduce or restore the suffering of crime victims, which can be realized by providing compensation and restitution
DISPUTE RESOLUTION ARRANGEMENTS IN ISLAMIC BUSINESS PRACTICES Sibarani, Fauzi Anshari
Inspiring Law Journal Vol 2, No 2: Juli - Desember
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Dispute in the Indonesian Dictionary means opposition or conflict. Conflict means opposition or conflict between people, groups, or organizations against one problem object. Conflict or conflict between individuals or groups who have the same relationship or interest in an object of ownership causes legal consequences between each other. Conflict or dispute is a situation and condition when people experience factual disputes or disputes in their perceptions only. In terms of terminology, a dispute is a conflict between two or more parties that originates from differences in perception about an interest or right of choice, resulting in legal consequences for both. In a dispute, the parties can be subject to legal sanctions against one of them. In short, "dispute" is a conflict or conflict as a form of actualization of differences and also a form of conflict between two or more people. A dispute can also be interpreted as a conflict in a social interaction in society that forms an opposition between people, groups, or organizations against a problem object that has not been resolved properly.

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