scholarly journals Pertanggungjawaban Pelaku Tindak Pidana Narkotika dan Tindak Pidana Pencucian Uang

Corruptio ◽  
2020 ◽  
Vol 1 (1) ◽  
pp. 13
Author(s):  
Ivan Kurniawan

The narcotics crime is one of the extraordinary crimes so that it is specifically regulated in act of Law Number 35 Year 2009 concerning Narcotics. The perpetrators and other parties involved in narcotics crime certainly understand the severe consequences of what they do. In connection with the above problem, there is one interesting decision to be reviewed and analyzed, which has been decided by the panel of judges is the decision number: 124 / Pid.Sus / 2016 / PN.TJK in which the perpetrator commits two offenses at once so that the sentence could be sentenced whether it has been be fair. This study will focus on legal issues, namely knowing the responsibility of the perpetrators of narcotics and money laundering crimes. analyze the court's decision Number: 124 / Pid.Sus / 2016 / PN.TJK whether it has fulfilled a sense of justice that is beneficial. This study uses a Normative Juridical approach by analyzing a court decision. As for the results of the study found that: According to the analysis of researchers seen from the criminal responsibility has fulfilled the elements of error, the ability to be responsible, evil inner attitude, and there is no reason to forgive. Court Decision Number: 124 / Pid.Sus / 2016 / PN.TJK has fulfilled a useful sense of justice. Based on research shows that the verdict given is considered fair because the defendant's actions have damaged the nation's generation and remembering that the defendant's actions committed two offenses namely violating Article 131 of Law Number 35 Year 2009 concerning Narcotics and Article 5 paragraph (1) letter c of the Act Law Number 8 of 2010 concerning Prevention and Eradication of Money Laundering Crimes. As for the suggestions that can be submitted in this study, it is better for the police in an effort to prevent the circulation of narcotics and money laundering so that they coordinate well with the financial transaction analysis tracking center and also the national land agency so that the assets of drug dealers or traffickers can be properly tracked.

FIAT JUSTISIA ◽  
2016 ◽  
Vol 1 (1) ◽  
Author(s):  
Eko Raharjo

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


Author(s):  
Rosa Salvador Concepción

Resumen: La vigente Ley Orgánica 5/2000, de 12 de Enero reguladora de la Responsabilidad Penal de los Menores, en lo sucesivo la LORPM, se dictó para la determinación de la responsabilidad de las personas mayores de catorce años y menores de dieciocho por la comisión de hechos tipificados como delitos o faltas en el Código Penal o en las leyes penales especiales, lo que conlleva que actualmente una proporción importante de los menores imputados y procesados según esta Ley, sean menores inmigrantes que por distintos motivos se ven abocados a una actuación delictiva que les va a conllevar una responsabilidad penal. Es por lo que, en este trabajo vamos a estudiar los aspectos más importantes relacionados con esta delincuencia desde un enfoque pormenorizado hacia el menor infractor cuando éste es inmigrante, analizando la especial problemática de este fenómeno juvenil con el estudio de las cuestiones tanto de carácter social como de carácter jurídico que convergen en su tratamiento. Abstract: The Law 5/2000 of January 12 regulating the Criminal Responsibility of Juveniles – LORPM- was issued for determining the responsibility of persons aged fourteen and under eighteen for committing acts classified as offenses under the Penal Code or special penal laws, which currently carries a significant proportion of juveniles charged and prosecuted under this act, whether immigrant children who for various reasons are forced into a criminal act that they will lead to a criminal responsibility. It is the reason that in this work we are going to study the most important aspects related to this kind of crime with a detailed approach to the juvenile offender when he is an immigrant, analyzing the special problems of this phenomenon by studying social and legal issues that converge in their treatment


2012 ◽  
Vol 1 (1) ◽  
pp. 35
Author(s):  
Ismail Rumadan

The existence of the tax court in Indonesia as a judicial institution that is specialy expected to play a role in resolving settlement of tax disputes for those seeking justice. However, its existence has not been in line with the justice system one roof in Indonesia as mandated by the 1945 Constitution. Tax court over a regime of taxation law, not a regime of law on Judicial Power. There is not an appeal or cassation resulting tax court decision does not reflect the lack of legal certainty and a sense of justice for the people seeking justice. These conditions lead to the control of the implementation of the Tax Court is very weak. Keywords: Tax Court, Justice System, Rule of Law, Justice.


2019 ◽  
Vol 1 (1) ◽  
pp. 78-97
Author(s):  
Wahyu Hidayat ◽  
Aditya Subur Purwana

Research aims to determine the position privilege of Indonesian Customs and Excise to be fulfilled first thanother debts, Indonesian Customs and Excise’s as a Preferred Creditor for bonded zone companies that havebankrupt and define effectiveness of the confiscation process as the Commercial Court Decision on bondedzone companies that have assets outside Indonesia. Research method that is being used is juridical normativemethod. The results showed that Indonesian Customs and Excise position as preferred creditor remained inaccordance with the Customs Regulations. However along with the breakthroughs in legal issues and legaldevelopments, the state's position as the preferred creditor is no longer a priority. Legal issues arising relatedto the implementation of confiscation of debtors who have assets abroad will be constrained by the principleof state sovereignty which can impact on the portion of Indonesian Customs and Excise’s debt collectionobligations. Based on the results of the study it was concluded that Indonesian Customs and Excise has thepreferential right to fulfill bankruptcy debtors even with the shift in priority payments by labor wages, so theeffort that must be done is to mitigate risks before bankruptcy and the maximum collection. The universalprinciple in implementing bankruptcy decisions will make it difficult for the execution of debtor assets outsideof Indonesian jurisdiction.


2016 ◽  
Vol 1 (1) ◽  
pp. 17
Author(s):  
Nurul Sasmita

The aims of this thesis is (1) to investigate andexplain the positions of corporations in conducting banking criminalacts, and (2) also to identify and explain the criminal responsibility ofbank as the perpetrator in banking criminal acts. This research isnormative, conceptual approach and the approach of legislationregarding responsibility principles of the corporation for banking criminalacts.Corporations have chances in committing a crime, especially bankingcriminal acts just by making a corporation recognized as a subject ofexistence apart from human beings, so that in practice there is a criminal offense committed by the corporation. The corporation takespart in the occurrence of a crime. In practice, the determination of acriminal offenseconducted by the corporation is known through two things: first, the works of the committee: they should be constructed as theyuse the principles of the liability of corporation’s criminal actions. Principally, stakeholders and officials or employees of a corporationhave the responsibility for its owncorporate actions; second, errors in the corporation,as long as it is in the science of criminal law, the overview of criminals is still oftenassociated with physical actions performed by the manufacturers(fysieke dader) but this can be overcome by the study of  "functionalactors" (functioneledader). We can prove that the action of committeeor employees of the corporation in the society act traffic concerned,the acts of the corporationerrors in the forms (dolus or culpa) must be regarded ascorporate faults.Towards the corporations that make banking criminal acts we canhave their responsibility with the principles of strict liability. Onthe principle of strict liability, it is known that the responsibility ison them even if they do not have the required mens rea. The substanceof this principle is that the perpetrator has been punished if theperpetrator may have provable conduct prohibited by the criminalprovision (actus reus) withoutsee the inner attitude. In this conception, the corporation is consideredhaving responsibility forphysical acts performed by management. A corporation convicted in principles isintended to develop a sense of justice in the corporation who commitsbanking criminal acts as stated in Article 46 paragraph (2), sothat if a corporation committed criminal acts, we can also have theresponsibility of the corporation. Keywords:Banking Criminal Acts, Corporation, ResponsibilityMenurut peraturan perundang-udangan, korporasi sebagai subyek hukum dapat dikenakan pidana sebagaimana manusia melakuka tindak pidana. Pada praktiknya, penentuan tindak pidana yang dilakukan oleh korporasi diketahui melalui dua hal, yaitu pertama tentang perbuatan pengurus yang harus dikonstruksikan sebagai perbuatan korporasimaka digunakanlah asas pertanggungjawaban pidana. Pada asas tersebut stakeholder maupun pengurus atau pegawai suatu korporasi, bertanggungjawab terhadap perbuatan korporasi itu sendiri. dan kedua tentang kesalahan pada korporasi, memang selama ini dalam ilmu hukum pidana gambaran tentang pelaku tindak pidana masih sering dikaitkan dengan perbuatan yang secara fisik dilakukan oleh pembuat (fysieke dader) namun hal ini dapat diatasi dengan ajaran “pelaku fungsional” (functionele dader). Kita dapat membuktikan bahwa perbuatan pengurus atau pegawai korporasi itu dalam lalu lintas bermasyarakat berlaku sebagai perbuatan korporasi yang bersangkutan maka kesalahan dalam bentuk (dolus atau culpa) mereka harus dianggap sebagai kesalahan korporasi. Terhadap korporasi yang melakukan tindak pidana perbankan dapat dimintai pertanggungjawaban pidana dengan menggunakan asas strict liability.Pada asas strict liability diketahui bahwa pembebanan tanggung jawab pidana kepada pelakunya sekalipun pelakunya tidak memiliki mens rea yang dipersyaratkan. Adapun substansi dari asas ini adalah pelaku sudah dapat dijatuhi pidana apabila pelaku telah dapat dibuktikan melakukan perbuatan yang dilarang oleh ketentuan pidana (actus reus) tanpa melihat sikap batinnya. Dalam konsepsi ini, korporasi dianggap bertanggung jawab atas perbuatan yang secara fisik dilakukan oleh pengurus (direksi dan komisaris). Dipidananya korporasi pada asas ini dimaksudkan dapat menimbulkan rasa keadilan pada korporasi yang melakukan tindak pidana perbankan, sehingga apabila korporasi melakukan tindak pidana maka korporasi juga dapat dimintai pertanggungjawaban.Kata kunci: Korporasi, Pertanggungjawaban, Tindak Pidana Perbankan


2021 ◽  
Vol VI (II) ◽  
pp. 1-10
Author(s):  
Shabnam Gul ◽  
Muhammad Faizan Asghar ◽  
Shujat Ali

There is a plethora of international organizations that has been formed to maintain peace in the world. FATF is such an organization that has been formed in order to scrutinize and control the menace of money laundering and that of the terror financing. In a third world state like Pakistan where there is dearth of transparent mechanisms of money transfers and where there is no rule of law, it has become easy for the individuals to carry out the illicit activities like money laundering (Dube and Vargas, 2013). Pakistan has been in the grey list from the last few years and it has dramatically affected the economy of Pakistan. Pakistan has established a number of centralized mechanisms that are, without a doubt, on the correct track for monitoring the financial transaction system, which is currently very near to meet the certain much needed criteria for finding and freezing the founded and highlighted money laundering cases and that of the terrorist financing.


2020 ◽  
Vol 28 (3) ◽  
pp. 500-520
Author(s):  
Ursula Kilkelly

Abstract Article 5 of the United Nations Convention on the Rights of the Child (uncrc) is a pivotal children’s rights provision, which recognises the ‘responsibilities, rights and duties of parents’ to provide ‘appropriate direction and guidance’ to the child in the exercise of his/her rights, in a manner consistent with ‘the evolving capacities of the child’. Underpinning children as holders of rights, Article 5 bridges the gap between children who require parental support to exercise their rights and those who are capable of exercising them on their own behalf. There has been limited consideration of Article 5 to date and even less in specific contexts like juvenile justice. The uncrc has particular relevance to children in conflict with the law where issues of criminal responsibility, capacity and the role of parents are central. This article explores the application of Article 5 by querying the relevance of the principle of “evolving capacities” to children in conflict with the law and to the exercise of children’s rights in the criminal justice system. It considers what role, if any, ‘the responsibilities, rights and duties’ of parents have in such proceedings while addressing, more generally, whether Article 5 adds value to the child’s rights approach to youth justice.


2020 ◽  
Vol 38 (4) ◽  
pp. 283-301
Author(s):  
Marcin Szwed

This article presents a critical analysis of the case-law of the ECtHR with regards to the interpretation of the notion of ‘a person of unsound mind’ under Article 5 § 1(e) of the Convention. According to the Court, only a person who has been reliably diagnosed with a mental disorder and who poses a danger to himself or others can be legally detained as ‘a person of unsound mind’. However, the notion of ‘unsoundness of mind’ is not limited to such mental disorders which are treatable or which deprive the persons affected of their ability to self-control and so in the past the Court applied the said provision of the Convention to, among others, persons diagnosed with personality disorders or paedophilia who commited crimes acting with full criminal responsibility. The article argues that such a definition of the notion ‘a person of unsound mind’ is not sufficiently clear, what is dangerous from the perspective of protection of personal liberty. For this reason, the article proposes to limit the scope of the analysed notion to persons affected by such mental disorders that exclude or significantly reduce their ability to make informed decisions about their own health and/or to control their own behaviour and recognise the meaning of their own actions. Only then, provided that other criteria developed in the Court’s case law, such as dangerousness for self or others and lack of less restrictive alternatives, have been satisfied, detention of person with mental disorder may be consistent with the object and purpose of the Convention.


2020 ◽  
Vol 17 (1) ◽  
pp. 31-43
Author(s):  
Ida Bagus Bayu Brahmantya

This research is entitled "Misappropriation of Establishment Objectives of Supporting Business Activities by Foundation Institutions in Foundation Law Perspectives." The background of this research is the opportunity to misuse Foundation institutions that can occur because the Foundation can carry out business activities to achieve the aims and objectives of establishing the Foundation with how to set up a business entity or participate in a business entity. Article 5 of the Foundation Law stipulates that the wealth of the Foundation, including the proceeds of the Foundation's business activities, is the full wealth of the Foundation to be used to achieve the aims and objectives of the Foundation. Criminal provisions against violations of the Article are regulated in Article 70 of the Foundation Law, for those who violate the provisions of imprisonment for a maximum of 5 (five) years and are obliged to return it. Article 6 of the Foundation Law is used as a shield against the prohibition. This study focuses on two legal issues, namely, how is the Foundation's business activities to obtain profits as capital in managing the Foundation according to the Foundation Law? And what about sanctions for misappropriation of a Foundation's business activities according to the Foundation Law? The research method used in analyzing legal issues in this study is the normative legal research method. This normative legal research is carried out using the statutory approach, the historical approach to the comparative approach. Based on the analysis, it is known that the Foundation Law uses the method of prevention by including provisions that do not allow or at least, complicating the misuse of the foundation by the organs of the Foundation. However, in the Foundation Law there is a legal obscurity that affects the attitude and quantity of non-compliance and has a real effect on legal behavior, including the behavior of lawbreakers. Keywords: Foundation, Criminal, Business Entity, Misappropriation.


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