scholarly journals Analysis of the methods and trends of money laundering by import – export transactions

Upravlenie ◽  
2021 ◽  
Vol 9 (3) ◽  
pp. 56-66
Author(s):  
Ju. M. Beketnova
Keyword(s):  
Money Laundering ◽  
Financial Services ◽  
Research Method ◽  
Urgent Problem ◽  
Research Results ◽  
Regulatory Authorities ◽  
Long Time ◽  
The Law ◽  
Financial Monitoring ◽  
Made In

The article discusses the urgent problem of money laundering. In an effort to circumvent the law and avoid justice, seeking to circumvent the law and avoid justice, criminals resort to a wide variety of ways and methods of money laundering. However, typical patterns or patterns in the organization of shadow financial services schemes can be traced. The study of typologies of money laundering is considered by the international anti-money laundering community as one of the areas that ensure the strategic superiority of state bodies in the fight against this phenomenon.The purpose of the study is to identify trends in money laundering in foreign economic transactions and methods of counteraction. The research method is typological analysis. For a long time, the study of typologies in financial monitoring was of an empirical nature, an attempt was made in this article to systematize and scientifically interpret the accumulated knowledge. The article examines examples of typologies of export-import transactions, including “carousel” commodity schemes, highlights the indicators of this type of money laundering schemes. The regulatory authorities can adopt the research results.

scholarly journals Penyelesaian Sengketa Pelaksanaan Perjanjian Lelang Sungai di Bidang Perikanan di Kecamatan Tanjung Lago Kabupaten Banyuasin

Wajah Hukum ◽  
2021 ◽  
Vol 5 (1) ◽  
pp. 106
Author(s):  
Indrajaya Indrajaya
Keyword(s):  
Natural Resources ◽  
Research Method ◽  
Local Population ◽  
Civil Code ◽  
Legal Action ◽  
Research Results ◽  
Long Time ◽  
Settlement Of Disputes ◽  
The Village

In the Civil Code regulates agreement, one type of agreement is an auction, however the object of this auction agreement is not an object or animal, but a river. In areas that have natural resources in the form of rivers, these agreements are often carried out, in practice adapted to local local wisdom. The river auction tradition in Tanjung Lago District, Banyuasin Regency, South Sumatra Province has been going on for a long time and has become a tradition for the local population. However, in practice there are often defaults committed by the parties. The purpose of this study is to determine the settlement of disputes in case of default by the parties. The research method is to look at direct facts that happen in real terms but still by using legal materials in the form of existing regulations and other sources. From the research results it is known that if one of the parties (the village administration and the winner of the auction) defaults, a deliberation between both parties but if it cannot be resolved then legal action can be taken. Meanwhile, if there is a default between the auction winner and the fisherman, the settlement will only be in the form of a warning and loss of trust without any sanctions.

scholarly journals Legal Consequences of the Deed of Sale by PPAT Containing Non Actual Transaction Price

2019 ◽  
Vol 6 (6) ◽  
pp. 201
Author(s):  
Nidya Kartika Sari ◽  
Rembrandt Rembrandt ◽  
Yasniwati Yasniwati
Keyword(s):  
Research Method ◽  
Code Of Ethics ◽  
High Price ◽  
The Law ◽  
Transaction Value ◽  
Transaction Price ◽  
Actual Price ◽  
Legal Consequences ◽  
Made In

The transfer of rights to land and buildings is legally made in the Sale and Purchase Deed (AJB), in the Sale and Purchase Deed (AJB) must also contain the actual price of the sale and purchase transaction, but the fact there are many people influence the PPAT to be able to help make prices / the value of buying and selling transactions in the Sale and Purchase Deed (AJB) is lower and non actual price, this is to avoid the high price of buying and selling tax, this is of course very contrary to the Perka BPN 1/2006, with the existence of such fraud will certainly be a problem for the parties and also for PPAT who makes the Deed of Sale and Purchase (AJB) at a later date. The focus of the problem in this study is how the legal consequences of the act of Land Purchase Deed (AJB) Land by the Land Deed Making Official (PPAT) which contains the value of the transaction that is not actually. The research method used in this paper is sociological juridical and this research is analytical descriptive. From the results of the research, it can be concluded that the PPAT that made AJB with containing the transaction value that was not actually violated the rules of the law, especially violated PPAT profession code of ethics and will be penalized.

scholarly journals Implikasi”Yuridis Pembacaan dan Penandatanganan Akta Risalah e-RUPS yang Dibuat oleh Notaris

Kosmik Hukum ◽  
2021 ◽  
Vol 21 (2) ◽  
pp. 38
Author(s):  
Ninik Alfiyah ◽  
Mohammad Saleh
Keyword(s):  
Information Technology ◽  
Research Method ◽  
Rapid Development ◽  
Limited Liability ◽  
Legal Basis ◽  
Legal Implications ◽  
Long Time ◽  
The Stability ◽  
Legal Consequences ◽  
Made In

The rapid development of information technology has been responded to positively by the Indonesian government for a long time, especially in organizing an electronic GMS, as regulated in Article 77 of Law Number 40 of 2007 concerning Limited Liability Companies. Guidelines for implementing e-GMS were only issued in 2020 because the Covid-19 pandemic threatens the economy and/or the stability of the country's financial system, this provision is in the form of POJK Number 16/POJK.04 / 2020. In Article 12 of the POJK, the implementation of e-GMS is obliged to be made in the form of a notary deed. This raises problems regarding the procedures for reading and signing deeds that cannot be done electronically because they are considered contrary to the Civil Code, the Law on Notary Position, and the ITE Law. The purpose of this research is to analyze the legal basis for the implementation of e-GMS and the minutes of the meeting and the legal consequences of reading and signing the e-GMS Notarial Deed electronically. This study uses a normative juridical research method. The results of the study explain that if the notary reads and signs the e-GMS deed electronically, it will have implications for the evidentiary power of the deed, which is equivalent to the letter under the bill because no regulation explicitly gives the notary authority in that field, so the advice given is e. -RUPS can be conducted electronically, however, the minutes of the meeting are made by the minutes of the meeting, and a copy is given to a notary so that the deed is in the form of a deed of partij and not a deed of relaas. Keywords:  legal implications, reading and signing of the deed, e-GMS

scholarly journals Tingkat Kepuasan Parkir Kampus Anggrek Binus University Ditinjau dari Fasilitas Geometri dan Survei Kepuasan Parkir

2013 ◽  
Vol 4 (1) ◽  
pp. 506
Author(s):  
Irpan Hidayat
Keyword(s):  
Free Space ◽  
Research Method ◽  
Satisfaction Level ◽  
Parking Space ◽  
Lateral Direction ◽  
Research Results ◽  
Geometric Conditions ◽  
Long Time ◽  
Questionnaire Form ◽  
Space Requirements

Evaluated from the level of saturation, Anggrek Campus Binus University facilities are considerably able to accommodate all vehicles to park. However, from observations over the years, even though the capacity still seems able to accommodate, there are still some drivers who have difficulty in placing their vehicle in the provided parking lots. In results, it take a long time for drivers to do the maneuvers. Due to this reason, there is a need to review the geometric conditions of a parking space and user parking satisfaction at Anggrek Campus. The research method is to conduct a survei for the parking geometry in a questionnaire form, which aims to determine the satisfaction level of the parking facility from the user side. The research results acquired for parking plot 4000 x 2400 mm, the type of vehicles that meet the requirements of free space to park in the lateral direction of the plot is city car, jeep, and MPV. As for the parking plot 5000 x 3000 mm, free parking space requirements for the lateral direction meet for all types of vehicles (city car, jeeps, MPV, sedans, and SUVs). Results stated that 39% of respondents are comfortable in terms of ease of parking, 37% of respondents express comfort in opening the car door after parking their vehicle, 24% said parking signs are very useful for them in getting the parking information. However, 22% of respondents expressed their discomfort in the ease of parking due to the geometry of 90° parking pattern.

scholarly journals CUSTOMER DUE DILIGENCE DALAM MENCEGAH TINDAK PIDANA PENCUCIAN UANG MELALUI LEMBAGA PERBANKAN

Law Review ◽  
2019 ◽  
Vol 19 (1) ◽  
pp. 77
Author(s):  
Eko Prakoso Johannes
Keyword(s):  
Money Laundering ◽  
Financial Services ◽  
Research Method ◽  
Due Diligence ◽  
Legal Research ◽  
Financial Transaction ◽  
Analysis Center ◽  
Profile Characteristics ◽  
Customer Due Diligence

<p><em>The ease of conducting a banking transactions makes it vulnerable to become a vehicle for money laundering. The purpose of this article is to understand the existence and procedure of Customer Due Diligence (CDD) principles in banking to prevend money laundering that is based on the Financial Services Authority Regulation Number 12/POJK.01/2017. The research method used is normative juridical legal research using a statute approach. The result of the study show that the Bank as a Financial Services Provider is required to implement a Customer Due Diligence (CDD) principle to ensure that every banking transactions are in accordance with the profile, characteristics and/or transaction patterns of prospective customers, customers or walk in customers (WIC). Banks are required to report suspicious banking transactions to Financial Transaction Reports and Analysis Center (PPATK). </em></p>

scholarly journals Akibat Hukum Dari Pemutusan Kontrak Secara Sepihak

2021 ◽  
Vol 2 (1) ◽  
pp. 93
Author(s):  
Nurainy Usman ◽  
Merry Tjoanda ◽  
Saartje Sarah Alfons
Keyword(s):  
Research Method ◽  
Civil Code ◽  
Conceptual Approach ◽  
Research Results ◽  
Unilateral Termination ◽  
The Future ◽  
Legal Consequence ◽  
The Law ◽  
Contract Termination ◽  
Legal Consequences

This study aims to determine how the arrangements for the unilateral termination of the contract/agreement and what are the legal consequences arising from the unilateral termination of the contract. The research method used is normative juridical. The approach used in this research is the statute approach and the case approach, and the conceptual approach. The conclusion of the research results is that; contract termination arrangements and legal consequences are regulated in Articles 1266, 1267, 1243 and 1365 of the Civil Code. The conditions for an agreement to be canceled unilaterally are that the agreement must be reciprocal, there is default, and the cancellation must be requested from the judge. Unilateral termination of the agreement due to default without going through the court is an act against the law. The legal consequence of the unilateral termination of the agreement due to default is a claim for compensation from the party who feels aggrieved. The Civil Code does not explicitly regulate the differentiation of compensation as a result of default with compensation as a result of an act against the law. Based on the research results, it is found that compensation as a result of default is compensation in the form of material, while compensation for an illegal act is compensation in the form of material and immaterial. It is hoped that in the future there will be clear regulations regarding compensation as a result of default and compensation as a result of acts against the law.

scholarly journals Kedudukan Hak Angket sebagai Fungsi Pengawasan terhadap Penyelenggaraan Negara

2020 ◽  
Vol 2 (2) ◽  
pp. 113-122
Author(s):  
Sri Amlinawaty Muin
Keyword(s):  
House Of Representatives ◽  
Research Method ◽  
Legal Research ◽  
Research Results ◽  
State Administration ◽  
The Law ◽  
The Government ◽  
The Right ◽  
Council House

Tujuan Penelitian untuk menganalisis kedudukan hak angket sebagai fungsi pengawasan terhadap penyelenggaraan negara. Metode Penelitian yang digunakan adalah metode penelitan hukum mormatif. Hasil penelitian bahwa  Hak Angket Dewan Perwakilan Rakyat (Pasal 20A ayat (2)) mengatur dan merekomendasikan diatur dengan Undang-Undang dengan asumsi dan dengan keinginan Dewan Perwakilan Rakyat dalam Sistem Pemerintahan Presidensil adalah juga Parlemen harus punya hak sebagai bagian dari Fungsi Pengawasan yang dimiliki Dewan Perwakilan Rakyat. Hasil Penelitian menunjukkan penggunaannya cenderung royal bahkan sasarannya melebar menjadi alat penekan terhadap Pemerintah. Ini terjadi sebagai akibat belum diaturnya dalam Undang-Undang tentang Hak Angket. The purpose of the study was to analyze the position of the questionnaire right as a function of supervision of state administration. The research method used is a normative legal research method. The results of the study that the House of Representatives' Questioning Rights (Article 20A paragraph (2)) regulates and recommends are regulated by law with the assumption and with the wishes of the House of Representatives in the Presidential Government System that the Parliament must have the right as part of the Oversight Function owned by the Council House of Representatives. Research results show that their use tends to be royal even the target is widening to be a pressure tool on the Government. This happened as a result of not having been regulated in the Law on Questionnaire Rights.

scholarly journals Istidlal Batalnya Wudlu (Perspektif Imam Hanafi dan Imam Syafi’i)

2021 ◽  
Vol 12 (2) ◽  
pp. 275
Author(s):  
Sutrisno Sutrisno
Keyword(s):  
Research Method ◽  
Comparative Approach ◽  
Valid Argument ◽  
Legal Basis ◽  
Research Results ◽  
Difference Of Opinion ◽  
Differences Of Opinion ◽  
Experience Factor ◽  
The Law ◽  
The Difference

<p><em>This study aims to determine 1) How is Istidlal (the process of searching for and using arguments) to invalidate ablution according to Imam Hanafi and Imam Syafii and 2) What are the factors that cause the difference of opinion between Imam Hanafi and Imam Shafii regarding the cancellation of ablution. The research method used in this study is descriptive qualitative with a comparative approach that compares the opinions of two scholars about the cancellation of wudlu. The research results obtained are: 1) Istidlal: Imam Hanafi's istidlal regarding the cancellation of ablution was inspired by analogues and qiyas, because he was nicknamed "ahlu alra'yu", while Imam Shafi'i's istidlal regarding the cancellation of ablution is to look for the rules and ushul of the problem of canceling wudlu, then after finding him combine it with a valid argument or basis and this is also chosen from a valid argument. 2) Factors: The factors that cause differences of opinion between Imam Hanafi and Imam Shafi'i regarding the cancellation of ablution are the time or era factor, the scientific factor possessed, the legal basis used, the search for a legal basis in determining the law, and the experience factor.</em></p><p>Penelitian ini bertujuan mengetahui, 1) <em>Istidlal</em> (proses pencarian dan penggunaan dalil) batalnya wudlu menurut Imam Hanafi dan  Imam Syafii dan 2) Faktor-faktor apakah yang menyebabkan perbadaan pendapat antara Imam Hanafi dan  Imam Syafii tentang batalnya wudlu. Adapun metode penelitian yang digunakan dalam penelitian ini adalah Kualitatif deskriptif dengan pendekatan komparatif yang membandingkan pendapat dua ulama tentang batalnya wudlu. Hasil penelitian yang diperoleh adalah1)<em>Istidlal</em> Imam Hanafi tentang batalnya wudlu diilhami dengan analog dan qiyas, karena beliau dijuluki <em>”ahlu alra’yu”,</em>sedangkan <em>istidlal</em> Imam Syafi’i tentang batalnya wudlu yaitu dengan mencari kaidah-kaidah dan ushul dari permasalahan batalnya wudlu, kemudian setelah ditemukan beliau memadukan dengan dalil atau dasar yang dan ini pun dipilih dari dalil yang sahih. 2) Faktor-faktor yang menyebabkan perbedaan pendapat antara Imam Hanafi  dan Imam Syafi’i tentang batalnya wudlu adalah faktor masa atau zaman, faktor Keilmuan yang dimiliki, faktor dasar hukum yang digunakan, faktor pencarian dasar hukum dalam menetapkan hukum, dan faktor Pengalaman.</p><p><em><br /></em></p>

scholarly journals APPLICATION OF THE EXONERATION CLAUSULA IN THE CUSTOMER OPENING ACCOUNT FORM AGREEMENT IN CONVENTIONAL BANKS IN BANDAR LAMPUNG

2020 ◽  
Vol 1 (1) ◽  
pp. 1
Author(s):  
Chairy Naima Amalia
Keyword(s):  
Commercial Bank ◽  
Financial Services ◽  
Research Method ◽  
Standard Form ◽  
Legal Protection ◽  
Civil Code ◽  
Conventional Banks ◽  
Made In

The application of the deposit clause in banking agreements such as account opening forms and credit distribution forms, causes the position of consumers in this case the bank's creditors' customers become weaker. The problem will be discussed in this study are how the application of the exploration clause in conventional banks? What are the legal arrangements regarding the exoneration clause? The research method used is an normative legal approach. Research shows that the agreement for opening a customer account is based on a sample of 3 conventional banks in Lampung Province that the agreement fulfills the elements of an agreement in accordance with the Financial Services Authority Regulation (POJK) and this agreement is a form of an exoneration agreement. This can be seen from the form or model of an agreement for opening a savings account at a bank that has generally been made in the form of a standard form containing various things that must be filled out by prospective creditors. The fact is that the form of legal protection for depositors' creditors against the exoneration clause in the form of opening a savings account at a commercial bank is regulated in the Civil Code, the UUPK and POJK.

scholarly journals Salat Jumat Setelah Salat Hari Raya Id Saat Pandemi Covid-19 dalam Perspektif Hukum Islam

2020 ◽  
Vol 1 (3) ◽  
pp. 472-483
Author(s):  
Asri ◽  
Zulfiah Sam ◽  
Rezky Damayanti
Keyword(s):  
Literature Review ◽  
Research Method ◽  
Research Library ◽  
Second Opinion ◽  
Research Results ◽  
Islamic Perspective ◽  
Library Research ◽  
The Law ◽  
Friday Prayer ◽  
The City

This study aims to find out how the laws of Friday prayers after Eid prayer in an Islamic perspective and how the laws of Friday prayers after Eid prayers during the Covid-19 pandemic. The research method used is library research (library research), namely through literature review related to the above problems, with normative and historical approaches. The research results found are as follows; First, the law of Friday prayers after the Eid prayer is disputed by scholars in three views: First opinion: Friday prayers are compulsory for people who attend holiday prayers like Friday on any other day. Second opinion: Rukhṣah is given to leave Friday prayers for Muslims who come from hamlets to the city to perform special prayers and Friday prayers. Third opinion: A person who has performed the Eid prayer, his obligation to perform Friday prayer is null and void, but it is appropriate for the priest to establish Friday prayers so that people who wish to attend them can attend. And for Muslims who have attended the holiday prayers, they are obliged to do the midday prayer on time if they do not do the Friday prayers. As for the law of implementing Friday prayers after the implementation of the Ied prayers in the midst of the Covid 19 pandema, the law of returning to the original law will still be mandatory for areas or zones that are still considered safe in carrying out Eid prayers in congregation

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