scholarly journals Tinjauan Normatif Kewenangan Penuntutan oleh KPK Atas Tindak Pidana Pencucian Uang

2019 ◽  
Vol 2 (2) ◽  
pp. 117
Author(s):  
Sarmadan Pohan
Keyword(s):  
Money Laundering ◽  
Research Method ◽  
Secondary Data ◽  
Legal Basis ◽  
The Future ◽  
The Law ◽  
Double Track

<p><em>Debate over the issue of the authority of the corruption eradication commission in conducting investigations, investigations and investigators. The purpose of this study is to examine the legal basis for the authority to prosecute KPK for money laundering and the position of the authority to prosecute corruption eradication commissions for money laundering crimes in the future. This research method is normative, in which research of document studies using a variety of secondary data. The results obtained from this study are that the Article 6 of Law Number 30 of 2002 that the KPK only has authority in conducting investigations, investigations and prosecutions of money laundering crimes. In IusConstitutim or what applies in a regulation or better known as the law, the Corruption Eradication Commission does not have the authority to prosecute money laundering, different empirically different from seeing what happens in society that the KPK is deemed necessary to prosecute a laundering crime in TPPU is a double-track criminality in which there is an original and advanced crime, if the money laundering is a further criminal act of corruption as an original criminal act empirically then the Eradication Commission Corruption continues to prosecute because it still have a rights.</em><em></em></p>

scholarly journals DEMOKRASI INDONESIA PASCA AMANDEMEN UUD NRI TAHUN 1945 DALAM PERSPEKTIF LEGISLASI

2013 ◽  
Vol 2 (3) ◽  
pp. 343
Author(s):  
Rachmat Trijono
Keyword(s):  
Research Method ◽  
Secondary Data ◽  
Democratic State ◽  
The Future ◽  
The Law ◽  
Local Representative ◽  
Law Making

Indikator mengkualifikasikan praktek demokrasi Indonesia adalah fungsi lembaga perwakilan rakyat yakni Dewan Perwakilan Rakyat dan Dewan Perwakilan Daerah. Semakin lembaga perwakilan rakyat tersebut berfungsi, maka Indonesia semakin demokratis. Persoalan yang diteliti dan dijawab adalah bagaimana demokrasi Indonesia pasca amandemen dalam perspektif pembentukan undang-undang. Penelitian ini mempergunakan metode penelitian normatif, yang bersifat deskriptif, dengan menggunakan bahan pustaka yang berupa data sekunder sebagai sumber utamanya. Hasil penelitian menunjukkan bahwa Indonesia pada masa pasca amandemen UUD NRI Tahun 1945 belum dapat dikatakan sebagai negara yang demokratis. Untuk itu ke depan diharapkan dengan amandemen kelima UUD NRI Tahun 1945, Indonesia akan lebih demokratis.<p>Indicator to qualify the practice of Indonesia democracy is the function of the parliament that is House of Representative (DPR) and Local Representative (DPD). The more function of parliament, so the more democratic in Indonesia. The problem which are researched and answered is how democracy in Indonesia after the amendment in the law making perspective. This research is used in normative research method, descriptive, by using library materials in the form of secondary data as the main source. The results of the research showed that Indonesia in the period after constitution (UUD NRI 1945) amendment cannot be said to be a democratic state. For the future it is expected by the fifth constitution amendment, Indonesia will be more democratic.</p>

Out-patients haemophilia treatment in hospital

2009 ◽  
Vol 29 (S 01) ◽  
pp. S22-S26
Author(s):  
G. Glaeske ◽  
W. Schramm ◽  
D. Herzig
Keyword(s):  
Care Service ◽  
Legal Basis ◽  
Advantages And Disadvantages ◽  
Medical Facilities ◽  
The Future ◽  
The Common ◽  
The Law ◽  
The Moment ◽  
Broad Consensus

SummaryAlthough hospitals primarily provide treatment for in-patients, treatment is also given to a large number of out-patients. The law covering haemophilia patients, who receive their treatment as out-patients, actually has several different bases. This has advantages and disadvantages. The question concerning us: Which, at the moment, is the best legal basis for any care-agreement? Another important factor for any agreement between the two parties, is that there should be a broad consensus, based on shared interests.The common aim should be the future guarantee for the treatment of patients suffering from haemophilia in suitable medical facilities. At the same time care must be taken to provide an efficient and economically viable care-service for these patients, as well as ensuring that the quality and efficiency of the service remain transparent.

scholarly journals PKPU Policy Number 20 of 2018 Concerning the Prohibition of Former Corruptors as Legislative Candidates in the 2019 General Election

2021 ◽  
Author(s):  
B Bahrudin ◽  
H Hidayatullah
Keyword(s):  
Data Processing ◽  
Research Method ◽  
Descriptive Analysis ◽  
Secondary Data ◽  
General Election ◽  
Data Sources ◽  
Political Ethics ◽  
The Law ◽  
Laws And Regulations ◽  
Legal Force

This research was conducted to analyse the prohibition of former corruptors’ ability to become legislative candidates based on PKPU Policy Number 20 of 2018, in terms of synchronizing the policy with higher laws and examining it from the perspective of political ethics and legal politics in eradicating corruption in Indonesia. The research method adopted was normative juridical, and the types and sources of data used were secondary data, applying data sources from primary, secondary, and tertiary legal materials. The results of data processing are presented in the descriptive analysis. The outcomes of this research indicate that the synchronization of PKPU policy law No. 20 of 2018 regarding the disallowance of ex-corruptors from becoming legislative candidates clash with higher laws and regulations, namely Law Number 7 of 2017 regarding elections in conjunction with Law Number 12 of 2011 about the formation of laws and regulations. Therefore, the conclusion of the KPU regulations has no binding legal force. The actualization of a fair and sovereign election requires all policymakers’ support, especially in the enforcement and application of political ethics and the law to eliminate corruption in Indonesia. Keywords: policy, ex-corruptors, legislative candidate, election

scholarly journals PENGATURAN TINDAK PIDANA DALAM UNDANG-UNDANG NOMOR 32 TAHUN 2009 TENTANG PERLINDUNGAN DAN PENGELOLAAN LINGKUNGAN HIDUP (Tinjauan Fiqh Al- Bi’ah)

2017 ◽  
Vol 6 (2) ◽  
pp. 173
Author(s):  
Muhammad Ridwansyah
Keyword(s):  
Environmental Protection ◽  
Research Method ◽  
Environmental Governance ◽  
Environmental Law ◽  
Descriptive Analysis ◽  
Secondary Data ◽  
Legal Norms ◽  
Criminal Sanctions ◽  
The Law ◽  
The Government

The setting of environmental law in Indonesia has started to improve since the Law Number 32 of 2009 on Environmental Protection and Management contains criminal act for every person who violates the provisions. It is stated in Article 98, 99, 100. This research method is a library or literature research which is conducted to gather secondary data in the field of environmental law and fiqh al-bi’ah. This research is normative law research while the nature of this research is descriptive analysis. It aimed to give a systematic illustration on legal norms that was found in law number 32 of 2009 and environmental fiqh accurately and the criminal sanctions review used in both arrangements. In this study there were two questions first, how is the arrangement of criminal act in Law No. 32 of 2009 on Environmental Protection Management. The second is whether the concept of fiqh al bi’ah is in line with Law No. 32 of 2009 on Environmental Protection Management. The result from this study is that the criminal act contained in the Law No. 32 of 2009 on Environmental Protection Management has not been enough to trap the environmental destroyer so that the government is expected to revise the unsuitable articles. Furthermore, the result of this research shows the similarity concept between fiqh al bi’ah and environmental governance in Indonesia. The concept offered by fiqh al bi’ah is a part of maqashidul syari’ah where Islam strongly recommended to maintain the environment. Keywords: environment, Fiqh Al-Bi’ah, Maqashidul Syari’ah

scholarly journals Religious Court Decision Number 222/Pdt.P/2017/PA.Sda: a Judge Considerations on Early Marriage Dispensation in Sidoarjo, Indonesia

2019 ◽  
Vol 2 (2) ◽  
Author(s):  
Hadius Akbar ◽  
Farikh Marzuqi
Keyword(s):  
Research Method ◽  
Secondary Data ◽  
Data Sources ◽  
Court Decision ◽  
Early Marriage ◽  
Primary Data ◽  
The Law

Getting married is part of the worship which is sanctified by the Prophet Muhammad, but in Indonesia it has rules if there is someone who is underage married as stated in the law that if someone wants to do a marriage for the prospective bridegroom must be 19 years old and calom the bride must be 16, and can continue the marriage by requesting marriage dispensation permission to the Religious Court. This study aims to determine the judge's consideration of the early marriage dispensation based on the analysis of the Sidoarjo Religious Court Decision Number: 222 / Pdt.P / 2017 / Pa. . The research method used is a juridical-normative research method where data sources are obtained from secondary data and primary data. The results showed that the judgment of judges regarding the dispensation of early marriage was seen from a situation if it was not hastened to marry, something would happen that violated the law because the prospective bride had been pregnant for 1 month, even though the candidate had not reached 16 years but was seen from the evidence and witnesses that they were able to get married.

scholarly journals EFEKTIVITAS FUNGSI INTELIJEN KEPOLISIAN NEGARA REPUBLIK INDONESIA DALAM MEWUJUDKAN KEAMANAN DAN KETERTIBAN MASYARAKAT DI WILAYAH HUKUM POLRES MAMUJU

2020 ◽  
Vol 2 (2) ◽  
pp. 66-72
Author(s):  
S Ahmad ◽  
Ruslan Renggong ◽  
Baso Madiong
Keyword(s):  
Human Resources ◽  
Direct Observation ◽  
Research Method ◽  
Secondary Data ◽  
Police Force ◽  
The Internet ◽  
Descriptive Research ◽  
The Law ◽  
Interview Questionnaire

Penelitian ini bertujuan (a) untuk mengetahui Efektifitas Fungsi Intelijen Kepolisian Negara Republik Indonesia Dalam Mewujudkan Keamanan dan Ketertiban Masyarakat di Wilayah Hukum Polres Mamuju. (b) untuk mengetahui faktor-faktor yang mempengaruhi Efektifitas Fungsi Intelijen Kepolisian Negara Republik Indonesia Dalam Mewujudkan Keamanan dan Ketertiban Masyarakat di Wilayah Hukum Polres Mamuju. Metode penelitian yang digunakan adalah penelitian deskriftif yakni penelitian yang mengkaji permsalahan dengan menggunakan data perimer dan sekunder dengan cara melalui wawancara, kuesioner dan observasi langsung kelapangan serta menggunakan buku-buku, artikel melalui penelusuran internet termasuk peraturan Perundang-Undangan yang berkaitan dengan permasalahan yang dibahas dalam penelitian ini. Hasil penelitian menunjukkan bahwa Efektifitas Fungsi Intelijen Kepolisian Negara Republik Indonesia dalam Mewujudkan Keamanan dan Ketertiban Masyarakat di Wilayah Hukum Polres Mamuju dapat dikatakan cukup baik dan hal ini dapat dilihat dari Efektifitas Fungsi Intelijen Kepolisian Negara Republik Indonesia dalam Mewujudkan Keamanan dan Ketertiban Masyarakat di Wilayah Hukum Polres Mamuju melalui (1) fungsi penyelidikan, (2) fungsi pengamanan., (3) fungsi penggalangan. Sedangkan faktor yang mempengaruhi Efektifitas Fungsi Intelijen Kepolisian Negara Republik Indonesia dalam Mewujudkan Keamanan dan Ketertiban Masyarakat di Wilayah Hukum Polres Mamuju juga dapat dilihat dalam tiga hal yaitu (1) Faktor sumber daya manusia, (2) Faktor Sarana dan prasarana, (3) Faktor kondisi wilayah. The research aims to know: (a) the effectiveness of the function of Indonesian Police Force Intelligence to create security and order in Law District of Mamuju Resort Police. (b) the factors that affect the effectiveness of the Function of Indonesian Police Force Intelligence to create security and order in Law District of Mamuju Resort Police. The research method used was descriptive research, a research that is used to collect primary and secondary data through interview, questionnaire and direct observation supported by the use of books and articles from the internet as well as the law and regulations in the Constitution related to the topic of this research. The result of the research shows that the effectiveness of the function of Indonesian Police Force Intelligence to create security and order in Law District of Mamuju Resort Police is quite well, which is proven by the effectiveness of the function  of Indonesian Police Force Intelligence to create security and order in Law District of Mamuju Resort Police through the function of (1) Investigation, (2) Security, (3) Coordination, while the factors that affect the effectiveness of the function of Indonesian Police Force Intelligence to create security and order in Law District of Mamuju Resort Police consist of (1) Human resources, (2) Infrastructure and (3) District Environment.

Anti-money laundering obligations and dismissal of bankers: evidence from Malaysia

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Aspalella A. Rahman ◽  
Harlida Abdul Wahab
Keyword(s):  
Money Laundering ◽  
Secondary Data ◽  
Primary Sources ◽  
Court Cases ◽  
Sources Of Information ◽  
Content Type ◽  
Legal Risks ◽  
Significant Burden ◽  
The Law ◽  
The Right

Purpose This paper aims to analyse the anti-money laundering (AML) obligations imposed on bankers as the main reporting entities under the AML regime in Malaysia. Apart from discussing the relevant provisions, several court cases were also examined to identify the problems which arise in the implementation of the law and the risk of dismissal that bankers may face. Design/methodology/approach This paper mainly relies on statutes and court cases as its primary sources of information. It is supported by secondary data to justify the analysis. This paper also uses an analytical descriptive approach to analyse relevant provisions from statutes and to examine current court cases regarding the implementation of the AML obligations on bankers. Findings It is submitted that the AML legislation imposes a significant burden of reporting requirements on the bankers, failure of which may justify the dismissal or termination of their services. In other words, the law has not only altered the way bankers deal with their customers but also poses substantial legal risks to their security of tenure. Indeed, getting the right balance between the need to combat money laundering and the interests of bankers is a difficult exercise. Originality/value This paper provides an analysis of the liability of bankers under Malaysian AML laws. It is hoped that the content of this paper can provide some insight into this particular area for bankers, enforcement authorities, practitioners, academics, policymakers and legal advisers, not only in Malaysia but also elsewhere. The findings of this paper also highlight the risks that bankers may face for non-compliance with the reporting obligations under the AML laws.

scholarly journals Pembinaan Narapidana Dengan Sistem Pemasyarakatan

PRANATA HUKUM ◽  
2018 ◽  
Vol 13 (2) ◽  
pp. 181-186
Author(s):  
Doris Rahmat
Keyword(s):  
Data Collection ◽  
Research Method ◽  
Secondary Data ◽  
Data Collection Tool ◽  
Legal Research ◽  
Knowledge And Skills ◽  
The Law

The institution of society is a place that is used in Indonesia which is emphasized on the aspect of coaching. In this penitentiary the prisoners are nurtured and educated and equipped with knowledge and skills as a provision for him when he finishes his penalty. With this provision the prisoner can return to the community and become a good member and able to be responsible, The research method used is the method of sociological juridical approach that is the problem approach through legal research by looking at the reality of the law in practice, while the data collection tool used in this research is interview, collect primary and secondary data, then Analyzed Qualitatively By Grouping Data According To Aspects Studied.

scholarly journals Konsep Ihtiyāṭ Imam Syafi’i terhadap Anjuran Menutup Aurat bagi Anak-Anak; Analisis Tindakan Preventif Pelecehan Anak

Mazahibuna ◽  
2020 ◽  
Vol 2 (2) ◽  
pp. 255
Author(s):  
Azman Arsyad ◽  
Ibtisam Ibtisam ◽  
Mulham Jaki Asti
Keyword(s):  
Basic Principle ◽  
Research Method ◽  
Islamic Law ◽  
Preventive Measures ◽  
Secondary Data ◽  
Library Research ◽  
The Future

The basic principle in Islamic law is to provide mashlahah to mankind, so that the main objective of a law requirement must be based on the maqashid sharia aspect, namely realizing benefits for humans both in world affairs and in the afterlife. Children as part of the foundation of religion because in the future they will become the successors of the ummah, Islam is here to provide protection for them, both maintaining their survival, proper education. Preventive measures must be taken to avoid bad behavior. The purpose of this study was to explore and refer to the concept of ihtiyat Imam Syafi'i regarding the suggestion of covering one's genitals with children. The research method used is library research and is qualitative in nature. Sources of data used in this study come from primary and secondary data. The result of this research is that the ability to cover the genitals of children is a form of precaution to avoid unwanted things

scholarly journals IMPLEMENTASI HAWALAH PADA PEMBIAYAAN BERMASALAH STUDI KASUS KOPERASI JASA KEUANGAN SYARIAH USAHA GABUNGAN TERPADU BMT SIDOGIRI KCP OMBEN TAHUN BUKU 2018

2019 ◽  
Vol 3 (2) ◽  
pp. 38-50
Author(s):  
Abdul Majid Toyyibi
Keyword(s):  
Research Method ◽  
Financial Institution ◽  
Secondary Data ◽  
Data Sources ◽  
Legal Requirements ◽  
Secondary Data Sources ◽  
The Law ◽  
Descriptive Qualitative

Financing is the most important part of the milestone of an Islamic financial institution, its existence must be able to avoid the problematic financing that can hamper the value of its income. So that the existence of hawalah contract becomes a new solution in minimizing problem financing. So that in this study there are two formulations of the problem namely the practice of hawalah by reviewing the MUI fatwa and the type used by BMT Sidogiri. The research method used is descriptive qualitative in which the researcher descends directly to the study site by conducting interviews and collecting primary and secondary data sources as a complement and then from there an analysis of the data is conductedAs for the results of his research that the pillars and legal requirements of the law in KJKS UGT BMT Sidogiri KCP Omben are in accordance with the pillars and conditions according to Islamic economics and the MUI DSN fatwa regarding hawalah DSN MUI fatwa which has been decided related to hawalah. The implementation of hawalah, which is between muhil and muhal alayh, comes to KJKS UGT BMT Sidogiri KCP Omben to provide information that installments that are borne by the muhil parties will be continued with the financing installments by the muhal alayhi when legally obliged to fulfill the conditions and regulations.

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