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<![CDATA[TINJAUAN YURIDIS MODUS OPERANDING TINDAK PIDANA PENCUCIAN UANG (MONEY LAUNDERING) ]]>
<![CDATA[Fathur Rachman]]>
<![CDATA[ PRANATA HUKUM Vol 14 No 1 (2019): Januari ]]>
Publisher : <![CDATA[Law Faculty of Universitas Bandar Lampung ]]>
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DOI: 10.36448/pranatahukum.v14i1.161
<![CDATA[ABSTRAK Money laundering is a hot or dirty money laundering practice (dirty money). This dirty money comes from illegitimate and illegal practices such as corruption, bribery, smuggling, as well as banking crimes and other unhealthy practices. To clean it, the money is placed in a bank or certain place for a while before being transferred to another place (layering), for example through the purchase of shares in the capital market, foreign exchange transfers or the purchase of an asset. After that, the offender will receive money that has been cleared from the washing field in the form of income derived from the purchase of shares, foreign exchange or assets (integration). The practice of money laudering that continues to occur along with the times and modernization provides the concept of thinking to examine the legal issue of the regulation being implemented, and how the modus operandi of the occurrence of a case. The stages and mode of occurrence of money laundering crime include: Placement, which is the first stage by placing (depositing) the illicit money into the financial system (financial system). Layering at this stage the washers try to break the money from the crime from the source, by transferring the money from one bank to another, up to several times. Integration, iniuang washed stages are brought back into circulation in the form of net income even as tax objects by using money that has become lawful for business activities. The perpetrator of money laundering as an organized crime, is carried out by a person who controls or has special knowledge in the world of financial service providers. Even they must master science in the field of computers. Money laundering in addition is very detrimental to society, also very detrimental to the State because it can influence or undermining national economic stability or State finances by increasing various crimes]]>
<![CDATA[PENYELESAIAN SENGKETA BISNIS MELALUI PENGADILAN NIAGA ]]>
<![CDATA[Meita Djohan Oelangan]]>
<![CDATA[ PRANATA HUKUM Vol 14 No 1 (2019): Januari ]]>
Publisher : <![CDATA[Law Faculty of Universitas Bandar Lampung ]]>
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DOI: 10.36448/pranatahukum.v14i1.162
<![CDATA[ABSTRAK The Commercial Court in the Settlement of Business Disputes Linked to the Principle of Legal Certainty As an Effort to Develop the Indonesian Judicial System at this time still needs to be considered to what extent its authority. From this background the problem that is the subject of the research is how is the Commercial Court's authority in resolving business disputes given the lack of clarity about the object of commercial matters that can be handled by the Commercial Court? The research method used is a normative juridical research method through a legislative approach. With data sources namely secondary data in the form of primary legal materials, secondary legal materials, and tertiary legal materials. The collected data is analyzed qualitatively. The results of the research show that the authority of the Commercial Court in addition to bankruptcy and other commerce currently being examined is intellectual property rights namely Industrial Design, Layout Design of Integrated Circuits, Patents, Trademarks and Copyright while business disputes are submitted to the Commercial Court which are not regulated by law The law is a case relating to banking, trade agreements, consumer protection, insurance, corporate, transportation and capital markets. As a suggestion the authority of the Commercial Court should be clearly specified in the category of business cases and constitute the absolute competence of the Commercial Court and the Commercial Court to be established throughout the Capital of the Province.]]>
<![CDATA[ANALISIS YURIDIS KEBIJAKAN PEMERINTAH TENTANG PENYEDIAAN FASILITAS KHUSUS MENYUSUI DAN/ATAU MEMERAH ASI UNTUK MENDUKUNG PROGRAM ASI EKSLUSIF DI PROVINSI LAMPUNG ]]>
<![CDATA[Okta Ainita]]>
<![CDATA[ PRANATA HUKUM Vol 14 No 1 (2019): Januari ]]>
Publisher : <![CDATA[Law Faculty of Universitas Bandar Lampung ]]>
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DOI: 10.36448/pranatahukum.v14i1.163
<![CDATA[ABSTRACT Breastmilk, which is called as Exclusive Breastmilk is given to baby since the day baby is born until 6 (six) months without adding and / or replacing with other foods or beverages. Governments are responsible for setting policy in order to guarantee the right of infants and children to get the exclusive breastmilk. Regulatory Policy Regions in Lampung Province related to exclusive breastfeeding is still less effective. Coverage of babies who get exclusive breastfeeding in Lampung Province in 2015 is amounted to 57.70%, which is still below the figure from the expected target as 80%. The Government policy on provision of special breastfeeding facilities in the workplace and public facilities for its implementation has not been fully implemented in accordance with the provisions prevailing laws and regulations. Particularly in the Province of Lampung, based on the observation of researchers, there is an office providing nursery room, but the standard is not good enough and also the facilities in it are not yet eligible. In line with that, the nursery room which exist in public places like terminal, shopping center, tourist attractions, hotels still do not provide specific facilities for breastfeeding activity. The law enforcement against the disfunction of working places and public places which do not provide nursery room like private sector, government offices, regional government as well is still going on. As the conclusion, the lack of opportunity given by the respective institutions still reflect that breastfeeding mothers still have no proper opportunity to deliver their rights in using the facilities. It also could be said that the regulation has not been running the way it should be regarding the existing regulations.]]>
<![CDATA[PENYELENGGARAAN PELAYANAN PUBLIK BERDASARKAN ASAS OTONOMI DAERAH PADA KECAMATAN GEDONG TATAAN- KABUPATEN PESAWARAN ]]>
<![CDATA[Martina Male]]>
<![CDATA[ PRANATA HUKUM Vol 14 No 1 (2019): Januari ]]>
Publisher : <![CDATA[Law Faculty of Universitas Bandar Lampung ]]>
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DOI: 10.36448/pranatahukum.v14i1.164
<![CDATA[Abstract: The system of government in Indonesia according to the 1945 Constitution, based on the explanation stated that the regions of Indonesia are divided into provincial and provincial regions will also be divided into smaller areas in autonomous regions. In legal politics, the most essential in the implementation of autonomous regional government is the granting of the broadest authority to the regions accompanied by the granting of certain rights and obligations. In the reality in the field, this policy was not implemented in accordance with the provisions of the Act. The lack of optimal public services in serving the people in several regions in Indonesia in various fields, including government agencies, has not yet been able to provide maximum public services, so in this paper will discuss how the efforts made by the Regional Government, especially in Gedong Tataan Subdistrict, Pesawaran District in organizing and improving public services based on its Regional Autonomy Principle. The efforts made in the discussion and solving problems in this study were carried out using a juridical / normative approach and empirical approach. The implementation of public policy based on the principle of regional autonomy in the District of Pesawaran District Gedong Tataan is in accordance with Law Number 23 of 2014 concerning Regional Government and Law Number 25 of 2009 concerning Public Services, but there are technical obstacles such as the distance from public services to one another, less responsive, less informative and lacking coordination in service delivery. Efforts that can be made by the Gedong Tataan District Government in improving the quality of public services are through revitalization, restructuring and deregulation in the field of public services. Suggestions that can be given to the Regional Government, especially in the District of Pesawaran District Gedong Tataan in carrying out public services based on the principle of autonomy are: expected in carrying out the process of implementing public services must be in accordance with Law Number 25 of 2009 concerning Public Services and expected improvement in the quality of behavior and professionalism of the apparatus government, creating public service policies that are not too procedural and convoluted, and improve facilities that support quality services.]]>
<![CDATA[Penegakan Hukum Lingkungan yang Seimbang (Studi Kasus Pembakaran Hutan) ]]>
<![CDATA[Aminah AMINAH]]>
<![CDATA[ PRANATA HUKUM Vol 13 No 2 (2018): Juli ]]>
Publisher : <![CDATA[Law Faculty of Universitas Bandar Lampung ]]>
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DOI: 10.36448/pranatahukum.v13i2.165
<![CDATA[The environment has various functions and is very important for human life, so the Government makes legislation and enforces its law to maintain the function of the environment. Although law enforcement has been carried out, many environmental cases cannot be resolved so that pollution and environmental damage often occur in Indonesia. This research wants to know whether law enforcement in Indonesia has not yet realized the balance and how the concept of law enforcement is balanced. The approach method used by Juridical normative with analytical descriptive specifications, uses primary and secondary data and analysis using explanation building analysis. From the results of the study, it was found that Law Enforcement in Indonesia has not yet realized a balance, especially in law enforcement in cases of forest fires that have proven that forest fires repeatedly occur and have a good impact in the form of ecological impacts, economic impacts and sociological impacts, this is caused by various constraints of law enforcement Administration, civil or criminal.]]>
<![CDATA[Pertanggungjawaban Pidana Terhadap Pelaku Penyalahgunaan Narkotika yang Dilakukan Narapidana di Lembaga Pemasyarakatan Way Huwi Provinsi Lampung ]]>
<![CDATA[Zainudin Hasan]]>
<![CDATA[ PRANATA HUKUM Vol 13 No 2 (2018): Juli ]]>
Publisher : <![CDATA[Law Faculty of Universitas Bandar Lampung ]]>
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DOI: 10.36448/pranatahukum.v13i2.166
<![CDATA[In the current era of Narcotic trafficking involves not only the society, but also the network of citizens in the status of convicted criminal in the Correctional Institution. The problems of this research are: a. causing factors of Narcotics abuse that conducted by convicted criminal, b. How is criminal responsibility to the Narcotic abusers that conducted by convicted criminal, c. How efforts to overcome Narcotics abuse that conducted by convicted criminal in the Narcotic Correctional Institution Class II A Bandar Lampung. The results of this research indicate that (1) Causing factors of Narcotics abuse that conducted by convicted criminal in the Narcotic Correctional Institution Class II A Bandar Lampung namely there is an intrinsic and extrinsic factor, and then the existence of market of Narcotics traffiking in the Correctional Institution. (2) Criminal responsibility to the Narcotic abusers conducted by convicted criminal in the Narcotic Correctional Institution Class II A Bandar Lampung which is based on errors that meet the element against the law and there is no reason for the elimination of the unlawful nature of the deed. The criminal responsibility is that the defendant can be convicted, then the Panel of Judges sentence to the defendant who is still have a status of convicted criminal. (3) Efforts to overcome Narcotics abuse conducted by convicted criminal in the Narcotic Correctional Institution Class II A Bandar Lampung by using non-penal (counseling, social education, resocialization, on convicted criminal with have Narcotics track record) and penal ways are done by legal effort based on provisions of legislation.]]>
<![CDATA[Analisis Hukum Perjanjian Penyembuhan Kepada Pasien Dari Penyelenggara Praktik Pengobatan Tradisional ]]>
<![CDATA[Rissa Afni Martinouva]]>
<![CDATA[ PRANATA HUKUM Vol 13 No 2 (2018): Juli ]]>
Publisher : <![CDATA[Law Faculty of Universitas Bandar Lampung ]]>
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DOI: 10.36448/pranatahukum.v13i2.167
<![CDATA[The organization of traditional medicine practices is an alternative healing path besides medical methods. The practice of traditional medicine must be supported by a health law device intended to provide legal certainty and protection for community members as patients and traditional treatment providers. This study is intended to find out the regulations that protect the organization of traditional medical practices and the forms of healing agreements provided by providers of traditional medical practices for patients. The research method used is normative by reviewing regulations, literature studies and observations of traditional medicine. The implementation of traditional medical practices is supported by several regulations including the Minister of Health Decree No. 1076 / MENKES / SK / VII / 2003 concerning Traditional Medicine Administrators and Law No. 36 of 2009 concerning Health. The health law instrument is intended to provide legal certainty and protection for community members as patients and traditional treatment providers. The traditional treatment agreement is clear that if carried out in accordance with the procedures specified by law is a legal agreement and binds the parties to traditional healers and patients. The type of agreement used by traditional healers and patients is a healing agreement (therapeutic agreement). A therapeutic agreement is a term of agreement that deals with a doctor that also applies to traditional healing staff as health care providers. Healing agreements within the scope of traditional medicine are not currently supported by clarifying the legal requirements of the agreement specifically.]]>
<![CDATA[Tinjauan Yuridis Putusan Mahkamah Konstitusi Nomor 25/PUU-XIV/2016 dalam Hal Perubahan Ketentuan Pasal 2 dan 3 Undang-Undang Nomor 20 Tahun 2001 tentang Tindak Pidana Korupsi ]]>
<![CDATA[Angga Alfiyan]]>
<![CDATA[ PRANATA HUKUM Vol 13 No 2 (2018): Juli ]]>
Publisher : <![CDATA[Law Faculty of Universitas Bandar Lampung ]]>
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DOI: 10.36448/pranatahukum.v13i2.168
<![CDATA[Implementation of the Constitutional Court Decision Number 25 / PUU-XIV / 2016 In the matter of Amendments to the Provisions of Article 2 and 3 of Law Number 20 of 2001 concerning Corruption Crimes and Legal Effects Arising from the Decision of the Constitutional Court Decision Number 25 / PUU-XIV / 2016 in The Amendment to the Provisions of Article 2 and 3 of Law Number 20 of 2001 concerning Corruption. The results of this study are, Opinion of the word "Get" in Article 2 paragraph (1) and Article 3 means "possible", "potential", "can", "not necessarily". If the word "can" is omitted it will weaken Article 2 paragraph (1) and Article 3 of Law Number 31 Year 1999 as amended by Law Number 20 of 2001 concerning Eradication of Corruption, in the case of Corruption categorized as Extraordinary Crime Extraordinary Law law enforcement should be implemented not by weakening the legal basis in eradicating the Corruption.]]>
<![CDATA[Implementasi Nilai Pancasila Terhadap Hukuman Mati Tindak Pidana Narkotika ]]>
<![CDATA[Fathur Rachman]]>
<![CDATA[ PRANATA HUKUM Vol 13 No 2 (2018): Juli ]]>
Publisher : <![CDATA[Law Faculty of Universitas Bandar Lampung ]]>
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DOI: 10.36448/pranatahukum.v13i2.169
<![CDATA[The proliferation of drug trafficking and use activities in Indonesia today, makes Indonesia a drug emergency. Narcotics is an extraordinary crime and needs special attention in its eradication efforts. Therefore great power is needed by using the toughest legal actions in which Indonesia has a death sentence. The purpose of capital punishment is to give a violent deterrent to drug offenders and as a warning to other communities not to commit these crimes. The issue examined in this paper is the suitability of Pancasila as the legal basis for the application of the death penalty, and the application of the death penalty to narcotics crime. The reality of capital punishment in Indonesia shows that the implementation of the judicial system is not good and the execution of the death penalty is always postponed so that it seems indecisive . In addition, the regulation of capital punishment also raises the debate between the ethical values of Pancasila and positive law (KUHP). It is undeniable that in the effort to implement such assertiveness sometimes experience obstacles both from within and outside the country. As well as various counter opinions regarding capital punishment that violate human rights . Even in Indonesia alone for those who contradict the death penalty, it is associated with violating the first precepts of Pancasila, where God is the ruler of the universe who has full provisions for the right to life and death. But Indonesia still applies the death penalty based on the positive law (KUHP).]]>
<![CDATA[Analisis Yuridis Tujuan dan Kewenangan Otoritas Jasa Keuangan (OJK) dalam Lembaga Perbankan di Indonesia ]]>
<![CDATA[Yulia Hesti]]>
<![CDATA[ PRANATA HUKUM Vol 13 No 2 (2018): Juli ]]>
Publisher : <![CDATA[Law Faculty of Universitas Bandar Lampung ]]>
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DOI: 10.36448/pranatahukum.v13i2.170
<![CDATA[The industry of the financial services or banking sector is demanded to be constantly stable, that is healthy, transparent and well managed. Such banking conditions can build consumers to continue to actively engage in transactions. However, as time goes by the development of the financial services industry in Indonesia is increasing and the cross-sectoral problems of the financial services industry are increasingly in need of reform in the field of banking law, then the Financial Services Authority is formed as an institution that will replace Bank Indonesia in the supervision of banks and supervise institutions other finance. OJK in its formation has several objectives to carry out supervision, especially in the financial services sector. Pursuant to Article 4 of the OJK Law, OJK was formed with the aim that all activities within the financial services sector: (a) be organized regularly, fairly, transparently and accountably; (b) Able to realize a financial system that grows sustainably and stably; and (c) Able to protect the interests of consumers and society. Based on its authority, the OJK carries out the task of regulating and supervising the banking sector in accordance with its functions as stipulated in Article 5 of the OJK Law which functions to organize an integrated regulation and supervision system for all activities within the financial services sector. With the presence of OJK in supervision, banking and other financial institutions can create harmonious regulations so as to protect consumer rights.]]>
