RAHASIA BANK BAGIAN DARI PROSES MONEY LAUNDRY

The crime of money laundering is very detrimental to the public at large, because the crime will also be followed by other crimes, corruption, terrorism and drugs. The purpose of this research is to discuss the extent to which the Bank is involved in the money laundering process, so the researcher takes the theme Bank Secrets as part of the money laundering process. The method used is literature study with descriptive, exploratory, and analytical approaches. It can be concluded that, Bank Secrecy is everything related to information regarding depositors and deposits where the principle of bank secrecy aims to protect customers. Bank is a financial institution that runs its business based on the trust of its customers so that banks are required to be able to maintain the confidentiality of all data and information related to their customers, including information on financial transactions carried out by their customers. It is recommended that the bank should apply the Know Your Customer “Know Your Customer principle” properly accompanied by an adequate reporting system. If there is a suspicious flow of funds, it can work with related parties (PPATK, KPK and the Police) so that money laundering can be prevented as early as possible.

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ANALISIS HUKUM PENERAPAN ANTI PENCUCIAN UANG TERHADAP KEBIJAKAN RAHASIA BANK

Veritas et Justitia ◽

10.25123/vej.2071 ◽

2016 ◽

Vol 2 (1) ◽

pp. 177

Author(s):

Ilmi Vediani

Keyword(s):

Law Enforcement ◽

Money Laundering ◽

Financial Institution ◽

Law Enforcement Officers ◽

Due Diligence ◽

Financial Transaction ◽

Bank Secrecy ◽

Customer Identification ◽

Financial Transactions ◽

Customer Due Diligence

This article discusses money laundering and the implementation of Customer Due Diligence (CDD) which is to be understood as part of the effort to eradicate this particular crime. Money laundering is not an autonomous crime but is always related or stems from an original crime (predicate crime). This crime is committed habitually using financial institution or banks as its instrument. One factor making this possible is the obligation of bank to guard and maintain customer’s trust by virtue of bank’s secrecy. Nonetheless, this bank secrecy can be waived. By virtue of CDD, banks are under the obligation to implement a process of customer identification, including verification- monitoring of customers financial transaction or activities. In the case, they detect suspicious financial transactions the banks are under the obligation to report their findings to the Indonesian Financial Transaction Reports and Analysis Centre (INTRAC) and/or law enforcement officers Keywords: money laundering, bank, customer due diligence, anti-money laundering program and bank secrecy

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BENTUK DAN TANGGUNGJAWAB PIHAK BANK TERHADAP DANA SIMPANAN PARA NASABAH

Solusi ◽

10.36546/solusi.v16i3.139 ◽

2018 ◽

Vol 16 (3) ◽

pp. 301-320

Author(s):

Fitriah Fitriah

Keyword(s):

Financial Institution ◽

Civil Code ◽

The State ◽

The Public ◽

Contractual Relationship ◽

Savings Accounts ◽

Legal Relationship ◽

The People ◽

Bank Secrecy ◽

The Relationship

A bank is a financial institution whose existence depends absolutely on the trust of its customers who entrust their savings funds. Banks are very concerned that the trust of the public, who have and who will save their funds, are well-maintained, considering that the bank is part of the financial system and payment system. Bank secrecy is very important because banks need the trust of the people who keep their money in the bank. The customer only entrusts his money to the bank or makes use of the bank's services if the bank provides a guarantee that the bank's knowledge of deposits and the state of their assets will not be misused. The legal relationship between the bank and the depository customer starts from the signing of a written agreement (contractual relationship) between the bank and the customer which contains the rights and obligations for each party. As for the form of agreement for depositing funds between the customer and the bank, it is called a deposit agreement (Article 1319 Civil Code). In a deposit agreement, the bank sets certain general requirements in a deposit account or savings account, among others, the recipient of the deposit (bank) can use the depositors' money and at a certain time the bank will provide interest. Other provisions that can be used as the basis of relations between banks and depositors are Proxy Giving. Depositors give their power to banks when signing deposit accounts or savings accounts or bank accounts. This agreement becomes a law or law for both parties (Article 1338 of the Civil Code). As a manifestation of the bank's responsibility for depositing customers, banks must pay attention to the 4 (four) pillars of the relationship between depositors and banks, namely: Prudence, Health, Bank Secrets and Trust

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Money Laundering: An Overview

Global Disclosure of Economics and Business ◽

10.18034/gdeb.v1i2.199 ◽

2012 ◽

Vol 1 (2) ◽

pp. 120-127

Author(s):

Deepa Joshi ◽

Ashutosh Vyas ◽

Ms. Megha Joshi

Keyword(s):

Political Parties ◽

Money Laundering ◽

Tax Evasion ◽

Financial Institution ◽

Criminal Activity ◽

Root Cause ◽

Classification Code ◽

Proceeds Of Crime ◽

Recent Activity ◽

Financial Transactions

Money laundering is generally regarded as the practice of engaging in financial transactions to conceal the identity, source, and/or destination of illegally gained money by which the proceeds of crime are converted into assets which appear to have a legitimate origin. In other words, Money Laundering refers to the conversion or "Laundering" of money which is illegally obtained, so as to make it appear to originate from a legitimate source. The recent activity in money laundering in India is through political parties’ corporate companies and share market. Bank fraud is a serious financial crime that involves the unlawful obtainment of funds from a bank or other financial institution. Money is the root cause of many evils like corruption, black marketing, smuggling, drug trafficking, tax evasion, and the buck does not stop here. While carrying out the Know your Client (KYC) norms, special care has to be exercised to ensure that the contracts are not anonymous or under fictitious names. Money is the prime reason for engaging in almost any type of criminal activity .Money laundering is the method by which criminals disguise the illegal origins of their wealth. GEL Classification Code: E49; E50; P44

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TANGGUNG JAWAB KEJAHATAN PERBANKAN MELALUI MODUS OPERANDI SKIMMING

ARGUMENTUM Jurnal Magister Hukum ◽

10.24123/argu.v7i1.3013 ◽

2020 ◽

Vol 7 (1) ◽

pp. 34

Author(s):

Victoria Linggoraharjo

Keyword(s):

Credit Card ◽

Banking Sector ◽

Financial Institution ◽

Information Age ◽

Criminal Code ◽

The Public ◽

Financial Products ◽

Automatic Teller Machine ◽

Electronic Transactions ◽

Financial Transactions

Bank is a financial institution, which primary function includes collecting and granting deposits to the public based on fiduciary principle. The development of information technology has shifted financial products and services into electronic-based products and services, making money management easier than before. One of the electronic banking products, an ATM (Automatic Teller Machine) is operated by a financial institution, allowing customers to perform financial transactions. However, the information age shows that ATM skimming has become a rising threat. Skimming is a crime that occurs when skimmers install skimming devices on ATM machines in order to steal debit or credit card information. Skimming is done by surreptitiously installing a device at ATMs to record pin card data using magnetic strips. Therefore, the purpose of this study is to analyze which party is liable as a result of ATM skimming. The result of this study shows that BCA is liable for the loss caused to its customers due to unauthorized withdrawals, considering Article 1367 of the Indonesia Civil Code states that a financial institution is responsible for the damage caused by matters which are under its supervision, that is, an ATM machine. Skimming is a criminal act in the banking sector that not only contravenes Banking Law, but also Criminal Law and Information and Electronic Transactions Law. Therefore, skimmer or fraudster is subject to Article 263 jo. Article 362 of the Criminal Code and/ or Article 30 (3) jo. Article 46 of the Information and Electronic Transactions Law.

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Pelaksanaan Jaminan Kesehatan Oleh BPJS Kesehatan Dalam Perspektif Syariah

Liquidity ◽

10.32546/lq.v6i2.28 ◽

2017 ◽

Vol 6 (2) ◽

pp. 110-118

Author(s):

Iwan Subandi ◽

Fathurrahman Djamil

Keyword(s):

Health Care ◽

Financial Institution ◽

Social Supports ◽

Religious Leaders ◽

The Public ◽

The People ◽

The Social ◽

Ministry Of Finance ◽

Health Support ◽

The Government

Health is the basic right for everybody, therefore every citizen is entitled to get the health care. In enforcing the regulation for Jaringan Kesehatan Nasional (National Health Supports), it is heavily influenced by the foreign interests. Economically, this program does not reduce the people’s burdens, on the contrary, it will increase them. This means the health supports in which should place the government as the guarantor of the public health, but the people themselves that should pay for the health care. In the realization of the health support the are elements against the Syariah principles. Indonesian Muslim Religious Leaders (MUI) only say that the BPJS Kesehatan (Sosial Support Institution for Health) does not conform with the syariah. The society is asked to register and continue the participation in the program of Social Supports Institution for Health. The best solution is to enforce the mechanism which is in accordance with the syariah principles. The establishment of BPJS based on syariah has to be carried out in cooperation from the elements of Social Supports Institution (BPJS), Indonesian Muslim Religious (MUI), Financial Institution Authorities, National Social Supports Council, Ministry of Health, and Ministry of Finance. Accordingly, the Social Supports Institution for Helath (BPJS Kesehatan) based on syariah principles could be obtained and could became the solution of the polemics in the society.

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PERDAGANGAN ETHEREUM DI INDODAX EXCHANGE DALAM PERSFEKTIF SYARIAH

ISTITHMAR: Jurnal Pengembangan Ekonomi Islam ◽

10.30762/itr.v3i2.2050 ◽

2020 ◽

Vol 3 (2) ◽

Author(s):

Muhamad Khoirul Umam

Keyword(s):

Money Laundering ◽

Financial Services ◽

Islamic Law ◽

Indonesian Government ◽

Advantages And Disadvantages ◽

Digital Asset ◽

Research Questions ◽

Financial Transactions

In view of Islamic law Ethereum as a digital asset that is traded in cyberspace.The value of cryptocurrency surges and fluctuates, it is influenced by buying and selling demand. Indodax exchange is an official digital asset site in Indonesia that trades more than 40 digital currencies.The purpose of this study is to analyze whether cryptocurrency is worthy of value as money having a certain value, and also seen from the Indonesian government through Bank Indonesia has issued regulation No. 16/8/PBI/2014, which explicitly prohibits the use of bitcoin, Ethereum and altcoin for use in financial transactions in cash. So that raises research questions how the cryptocurrency law in the form of coin ethereum in Islamic law. The results of this study explain ethereum has advantages and disadvantages. Among its advantages is that users can use exchanges or transactions without a third service (bank), and can be traded at merchandise stores.However, ethereum losses are more frequent, such as fluctuating values each time, not listed as commodities, not watched by the Financial Services Authority (OJK), they present elements of gharar (uncertainty) and maysir (gambling) or (betting), which are used for money laundering and purchase of illegal drugs.Keywords: Cryptocurrency, Ethereum, Digital asset

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GOOD GOVERNANCE, AKUNTANSI PEMERINTAHAN DAN EKONOMI KERAKYATAN

Jurnal Kajian Akuntansi dan Auditing ◽

10.37301/jkaa.v0i0.5397 ◽

2007 ◽

Author(s):

Yuskar Yuskar

Keyword(s):

Private Sector ◽

Social Welfare ◽

Natural Resources ◽

Good Governance ◽

Financial Economic ◽

Strong Impact ◽

Governance Mechanism ◽

Literature Study ◽

The Public ◽

The Government

Good governance is a ware to create an efficient, effective and accountable government by keeping a balanced interaction well between government, private sector and society role. The implementation of a good governance is aimed to recover the public trust for the government that has been lost for the last several years because of financial, economic and trust crisis further multidimensional crisis. The Misunderstanding concept and unconcerned manner of government in implementing a good governance lately have caused unstability, deviation and injustice for Indonesia society. This paper is a literature study explaining a concept, principles and characteristics of a good governance. Furthermore, it explains the definition, development and utility of an efficient, effective and accountable government in creating a good governance mechanism having a strong impact to the democratic economy and social welfare. It also analyzes the importance of government concern for improving democratic economy suitable with human and natural resources and the culture values of Indonesia.

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FOTOGRAFI SEBAGAI MEDIA POLITIK DI INDONESIA

MASSIVE: Jurnal Ilmu Komunikasi ◽

10.35842/massive.v1i1.18 ◽

2021 ◽

Vol 1 (1) ◽

pp. 67

Author(s):

Mohammad Solihin

Keyword(s):

Political Communication ◽

Visual Communication ◽

Presidential Elections ◽

Visual Media ◽

Communication To The Public ◽

Literature Study ◽

The Public ◽

Message Effects ◽

Self Image ◽

The Media

ABSTRACTPhotography is one of the media used to introduce the character or self-image of politicians during regional head elections, or presidential elections. Among them are by displaying photos of faces or campaign activities for APK (Campaign Props) billboards, namely billboards or billboards installed on protocol roads that can be seen by the public, pamphlets, mass media, and etc. Visual media in the form of photos has a very big influence on public opinion. Photography has a visual power that is able to construct the authenticity of factual events. The purpose of this study is to find out how the process of making photography a political visual communication medium in Indonesia. The method used is descriptive qualitative with an approach through the literature study method. The results of this study can be concluded that the process of making photography a political medium of visual communication to the public is carried out in several ways, namely by recruiting special photographers themselves, designing them, and distributing them. The effect of the message generated from a photography with a good appearance is the effect of knowledge and effect of information.Keywords: Photography, Political Media, Visual Communication, Message Effects, Political Communication. ABSTRAKFotografi merupakan salah satu media yang digunakan untuk mengenalkan karakter atau citra diri politisi saat pemilihan kepala daerah, ataupun pemilihan presiden. Diantaranya dengan memajang foto-foto wajah atau kegiatan kampanye untuk baliho APK (Alat Peraga Kampanye) yakni papan reklame atau billboard yang dipasang di jalan-jalan protokol yang bisa dilihat oleh masyarakat luas, pamflet, media massa, dan sebagainya. Media visual berupa foto sangat besar pengaruhnya mempengaruhi opini publik. Fotografi memiliki kekuatan visual yang mampu mengkonstruksi keotentikan peristiwa faktual. Tujuan dari penelitian ini untuk mengetahui bagaimana proses menjadikan fotografi sebagai media komunikasi visual politik di Indonesia. Metode yang digunakan deskriptif kualitatif dengan pendekatan melalui metode studi literatur. Hasil dari penelitian ini dapat disimpulkan bahwa proses menjadikan fotografi sebagai media politik komunikasi visual kepada masyarakat dilakukan dengan beberapa cara, yakni dengan merekrut khusus fotografer sendiri, mendesainnya, dan menyebarkannya. Efek pesan yang ditimbulkan dari sebuah fotografi dengan tampilan yang baik adalah efek pengetahuan dan efek informasi.Kata Kunci: Fotografi, Media Politik, Komunikasi Visual, Efek Pesan, Komunikasi Politik.

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UPAYA PUSAT PELAPORAN DAN ANALISIS TRANSAKSI KEUANGAN DALAM PENANGGULANGAN TINDAK PIDANA PENCUCIAN UANG

FIAT JUSTISIA ◽

10.25041/fiatjustisia.v1no1.523 ◽

2016 ◽

Vol 1 (1) ◽

Author(s):

Eko Raharjo

Keyword(s):

Law Enforcement ◽

Money Laundering ◽

National Level ◽

International Community ◽

Legal Issues ◽

The Public ◽

Financial Transaction ◽

Criminal Offenses ◽

Black List ◽

The Republic

The issue of crime not only from the public spotlight in the local and national level, but also a serious concern of the international community. One crime that is now often used as a discussion by scholars of law, economics and banking apparatus of government and law enforcement are on the money laundering crime (money laundering), especially with the notion that the Republic of Indonesia is "heaven" for these practices criminal offenses or the crime of money laundering. The legal issues increasingly into the spotlight with the inclusion of the Republic of Indonesia in the black list or black list. Keywords: Center for Financial Transaction Reporting and Analysis, Money Laundering

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The Prosecution in Trial In Absentia Of Money Laundering Case Resulted from Conventional Case

PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) ◽

10.22304/pjih.v6n2.a5 ◽

2019 ◽

Vol 06 (02) ◽

pp. 297-319

Author(s):

Rudi Sudirdja

Keyword(s):

Money Laundering ◽

Criminal Law ◽

Due Process ◽

Analytical Description ◽

Public Prosecutor ◽

The Public ◽

Single Form ◽

Due Process Of Law ◽

The One ◽

Principle Of Legality

In Indonesia, the provision of in absentia in the Money Laundering Crime Law raises problems if the crime act is originally conventional crime act. Conventional crime act should be handled based on the provisions of the Indonesian Criminal Law Procedures Code. On the one hand, the Money Laundering Crime Law regulates the provisions of the court in absentia and, on the other hand, the Indonesian Criminal Law Procedures Code does not recognize trial in absentia. This study covers the issue. To be precise, it reveals the possibility of a conventional crime act that is charged with the Money Laundering Crime Law to be tried in absentia based on the principle of formal legality. In addition, it discusses the strategy of prosecution of money laundering crime act in trial in absentia for cases that are originally conventional crime act based on the principle of due process of law. This study used analytical description research specifications and the normative juridical method. The data was collected through a document study. In accordance with the approaches, the data were analyzed in qualitative-juridical manners. This study concludes several points. The first, based on the principle of legality of formal law, the implementation of trial in absentia against general criminal acts cannot be carried out. The second, based on the principle of due process of law, the prosecution strategy in trial in absentia fur such cases are that (1) the prosecution of money laundering crime and original crime must be done separately; (2) the public prosecutor must delay the transfer of original criminal acts to the court until the accused is found and presented; (3) the indictment must be prepared in a single form; (4) the indictment must draw legal facts about the original crime; and (5) the public prosecutor can prove the legal facts about the original crime in the element of ‘assets resulting from the crime’ in the money laundering offense.

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