scholarly journals Analisis Pembuktian Terbalik Pada Tindak Pidana Pencucian Uang (Studi Putusan MA NO. 1454 K/PID.SUS/2011; PUTUSAN MA NO. 537 K/PID.SUS/2014; PUTUSAN MA NO. 336 K/PID.SUS/2015)

2021 ◽  
Vol 4 (1) ◽  
pp. 80-87
Author(s):  
Hanifah Azizah ◽  
M. Hamdan M. Hamdan ◽  
Mahmud Mulyadi ◽  
Sunarmi Sunarmi
Keyword(s):  
Law Enforcement ◽  
Money Laundering ◽  
Economic Condition ◽  
Burden Of Proof ◽  
Analytic Method ◽  
Library Research ◽  
Extraordinary Treatment

TPPU (Money Laundering Criminal Act) is regulated in Law 8/2010 on Prevention and Eradication of TPPU. The research was focused on TPPU which corruption as its principle criminal act, Its Law enforcement by using reversal of the burden of proof. The research used juridical normative and descriptive analytic method. The data were gathered by conducting library research and analyzed qualitatively, and the conclusion was drawn deductively, from general to specific. The purposes of this research is to know about the regulation on reversal of the burden of proof in Law on TPPU and the implementation of reversal of the burden of proof in TPPU in the Supreme Court’s Rulings No. 1454 K/ Pid.Sus/2011, No. 527 K/ Pid.Sus/2014, and No. 336K/ Pid.Sus/2015, and how about the obstacles and their solution for reversal of the burden of proof in the case of TPPU. Reversal of the burden of proof should be applied in the level of investigation because TPPU is an extraordinary crime so that extraordinary treatment should also be applied since TPPU has great impact on the State’s economic condition. Therefore, TPPU should have shortcut in its process so that the State’s loss can optimally (effectively and efficiently) be solved.

scholarly journals Burden of Proof Reversal in Criminal Acts of Money Laundering

2019 ◽  
pp. 98-104
Author(s):  
Muhammad Khusnul Fauzi Zainal ◽  
Syukri Akub ◽  
Andi Muhammad Sofyan
Keyword(s):  
Law Enforcement ◽  
Money Laundering ◽  
Burden Of Proof ◽  
Public Prosecutor ◽  
Legal Research ◽  
Law Enforcement Agencies ◽  
The Public ◽  
Community Law ◽  
Legal Structure ◽  
Criminal Offenses

This study aims to analyze the burden of proof reversal system in handling cases of money laundering. This type of research is normative juridical legal research. The results of this study indicate that in the reversal system of the burden of proof of criminal acts of money laundering, each party has a burden of proof, the public prosecutor is burdened to prove that these assets are the property of the defendant and has a relationship with the original criminal act charged, while the defendant burdened to prove the origin of the assets claimed and if the defendant is unable to prove the origin of the assets, the assets can be strongly suspected to originate from criminal offenses. There are still obstacles in law enforcement both from the substance of the law (norms), legal structure (law enforcement agencies) and the culture of law (the culture of community law).

AKAD FINANCING OF MURABAHAH BETWEEN CUSTOMERS WITH MUAMALAT BANKS HARKAT VIEWED FROM SHARI'AH PRINCIPLES

2020 ◽  
Vol 10 (1) ◽  
pp. 13-26
Author(s):  
Candra Irawan ◽  
Adi Bastian ◽  
Febrozi Rohadi
Keyword(s):  
Data Collection ◽  
Financial Institutions ◽  
Research Method ◽  
Economic Condition ◽  
Field Research ◽  
Comprehensive Analysis ◽  
Islamic Banks ◽  
Legal Research ◽  
Trading System ◽  
Library Research

Currently in Indonesia Islamic Bank has gained a place and interested in the community, causing many emerging Syari'ah Bank and Financial Institutions of the syari'ah, and products in Islamic banks are widely used is murabahah financing. The formulation of the problem in this research are: (1). How is the implementation of the sale and purchase through murabahah financing between Bank Muamalat Harkat with customers. (2). Is trading system murabahah financing between Bank Muamalat Harkat and customers have been according to the principles of Syari’ah. (3). How murabahah financing efforts to resolve the breach between the customer and Muamalat Harkat. This research method is empirical legal research, this study was conducted in Bank Muamalat Harkat based data collection through field research such as interviews, observation and description as well as information from respondents through library research. The results of this research are: before an agreement Bank to assess carefully the prospective customer in the form of a comprehensive analysis and is divided into several stages, such as the assessment using the principle of 5C Character (Character of the debitor), Chapacity (Capability Candidate Debitor) , Capital (Capital candidate Debitor), Collateral (Collateral candidate Debitor) and Condition of economy (economic condition of the prospective Borrower). Trading system murabahah financing between Bank Muamalat Harkat with the customer has not fully based on the principles of the Syari'ah. Murabahah financing efforts to resolve the defaults can be solved by R3 is Restrukturing (Arrangement Back), Reconditioning (Terms Back) and Rescheduling (rescheduling), sales collateral and auction execution. 

Akulturasi Budaya pada Ornamen Eksterior Masjid Agung Jawa Tengah: Analisis Semiotik

Metahumaniora ◽  
2017 ◽  
Vol 7 (2) ◽  
pp. 40
Author(s):  
Panji Maulani
Keyword(s):  
Middle East ◽  
Middle Eastern ◽  
Field Research ◽  
Research Process ◽  
Analytic Method ◽  
Important Thing ◽  
Eastern Culture ◽  
Observational Measures ◽  
Central Java ◽  
Library Research

ABSTRAKProses penelitian ini dilakukan dengan melakukan penelitian lapangan danpenelitian kepustakaan. Analisis mendalam terkait akulturasi budaya pada arsitektur MasjidAgung Jawa Tengah didapat melalui penggunaan metode deskriptif-analitik dengan langkahlangkahobservatif. Langkah-langkah tersebut disesuaikan dengan sumber terkait, sehinggadata pada objek penelitian dapat dideskripsikan serta dianalisis dengan pendekatan budayadan arsitektur. Penelitian ini menjadi penting untuk dilakukan karena Masjid Agung JawaTengah memiliki ornamen eksterior yang sangat khas, berbeda dengan ornamen masjidraya-masjid raya lain di Indonesia, yang umumnya memiliki ornamen eksterior yang hanyaberakulturasi dengan budaya Timur Tengah. Pada Masjid Agung Jawa Tengah kita dapatmerasakan suasana seperti di masjid Nabawi dan suasana Colloseum di zaman Romawi.Terdapat 6 buah payung hidrolik seperti di masjid Nabawi dan gerbang Al-Qanathir yangmenyerupai Colloseum pada pelataran masjid akibat pembangunan Masjid Agung JawaTengah menggunakan paduan tiga unsur budaya: Jawa, Timur Tengah, dan Romawi.Kata kunci: akulturasi, ornamen, masjid agung, Jawa TengahABTRACTThe research process was conducted by field research and library research. Depthanalysis related to acculturation on the architecture of the Central Java Great Mosque obtainedusing descriptive-analytic method with observational measures. The steps are adapted to thecorresponding source, so that data on the research object can be described and analyzed withcultural and architectural approach. This research becomes important thing to do because ofthe Great Mosque of Central Java has a very distinctive exterior ornament, in contrast to theother great mosques in Indonesia, whose the exterior ornament is generally only acculturatedwith Middle Eastern culture. In Central Java Great Mosque we can feel the atmosphere likeat the Nabawi Mosque and the atmosphere of the Colosseum in Roman times. There are sixpieces of hydraulic umbrella like in Nabawi Mosque and Al-Qanathir gate that resembles theColosseum in the courtyard of the mosque as the result of the construction of the Central JavaGreat Mosque using a combination of three elements of culture: Java, Middle East, and Roman.Keywords: acculturation, ornament, grand mosque, Central Java

Stages and methods of legalization of criminal proceeds obtained as a result of economic and tax crimes

2020 ◽  
Vol 2020 (3) ◽  
pp. 148-156
Author(s):  
Pyotr Ivanov
Keyword(s):  
Law Enforcement ◽  
Money Laundering ◽  
Economic Security ◽  
Theory And Practice ◽  
Scientific Publications ◽  
The Subject ◽  
Points Of View ◽  
Internal Affairs

In this article, based on the study and analysis of operational-search legislation, scientific publications, law enforcement practice and the criminal situation in the field of legalization, the operationalsearch counteraction to the legalization of income received from the Commission of tax crimes is considered. The paper focuses on the stages (stages) of laundering, the existing points of view on this account, as well as on the methods of illegal withdrawal of funds abroad. The author of the article aimed to develop scientifically based proposals and recommendations for improving the effectiveness of this type of activity by the territorial bodies of internal Affairs and their divisions of economic security and anti-corruption. It is proposed to put forward and work out operational search versions within the subject of study, as well as to develop, taking into account the methods (schemes) used by criminals to launder criminal proceeds and illegally withdraw funds abroad for the purpose of their subsequent legalization, operational search measures to document their criminal actions. In addition, the author recommends constant monitoring of money laundering methods based on operational and investigative practices. The results and key conclusions formulated in this article can be used in the theory and practice of operational investigative activities of internal Affairs bodies to counteract the legalization of income received from tax crimes.

Money laundering through raw diamonds

2020 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Fabian Maximilian Johannes Teichmann ◽  
Marie-Christin Falker
Keyword(s):  
Law Enforcement ◽  
Money Laundering ◽  
Qualitative Content Analysis ◽  
Law Enforcement Agencies ◽  
Content Type ◽  
Compliance Officers ◽  
German Speaking ◽  
Three Stages ◽  
Practical Implications ◽  
Combat Money Laundering

Purpose This paper aims to illustrate how illegally obtained funds are laundered through raw diamonds in Austria, Germany, Liechtenstein and Switzerland. Design/methodology/approach To identify specific money laundering techniques involving raw diamonds, this study used a qualitative content analysis of data collected from 60 semi-standardized interviews with both criminals and prevention experts and a quantitative survey of 200 compliance officers. Findings Raw diamonds are extraordinarily suitable for money laundering in European German-speaking countries. In particular, they may be used in all three stages of the laundering process, namely, placement, layering and integration. Research limitations/implications Because the qualitative findings are based on semi-standardized interviews, their insights are limited to the perspectives of the 60 interviewees. Practical implications Identifying gaps in existing anti-money laundering mechanisms should provide compliance officers, law enforcement agencies and legislators with valuable insights into how criminals operate. Originality/value While prior studies focus on the methods used by organizations to combat money laundering and how to improve anti-money laundering measures, this paper investigates how money launderers operate to avoid detection, thereby illustrating authentic experiences. Its findings provide valuable insights into the minds of money launderers and combines criminal perspective with that of prevention experts.

The rights of the defendant and public interest in proving insanity under the law of New York

2021 ◽  
Vol 30 (3) ◽  
pp. 108-124
Author(s):  
Aleksey Grin'ko
Keyword(s):  
New York ◽  
Law Enforcement ◽  
Public Interest ◽  
Due Process ◽  
Burden Of Proof ◽  
Public And Private ◽  
Whole Process ◽  
History Of ◽  
The Law ◽  
Legislative Changes

Allocation of the burden of proof is a key issue of criminal procedure that is affected by multiple legal and social factors. Under due process principles, the defendant’s right to a fair and impartial trial is deemed to be the epicenter of the whole structure. However, efficient law enforcement is a prominent public interest that must be considered. This article explores the correlation between public and private interest in proving insanity under the law of New York, which provides great empirical background due to its long history of legal disputes and legislative changes. Considering the nature and structure of the burden of proof, the author concludes that there are several principles for its fair allocation: the due party that bears both the burden and the risk of its nonperformance; the feasibility of the burden; the adequate opportunity for the other party to rebut; the concentration of resources upon needs that are not presumed but in fact exist. All the mentioned principles lay the ground for the harmonization of constitutional guaranties for the defendant as well as the successful enforcement of criminal law. The current New York approach to insanity defense as an affirmative one along with the history of its implementation tends to prove its compliance with such requirements. This finding suggests that bearing the burden shall not be treated as impairment by default, but can protect both the interest of this party and the integrity of the whole process.

Environmental Protection in Pancasila Perspective

2020 ◽  
Vol 1 (1) ◽  
pp. 7-10
Author(s):  
Lusia Indrastuti ◽  
Budi Prasetyo
Keyword(s):  
Law Enforcement ◽  
Environmental Protection ◽  
Environmental Law ◽  
Spiritual Needs ◽  
Way Of Life ◽  
Environmental Aspects ◽  
Legal Provisions ◽  
Library Research ◽  
Ongoing Development

Utilization of natural resources through environmental empowerment is an intention to improve public welfare through the Pancasila philosophy. The occurrence of floods that have occurred at this time both the Jabodetabek area and other regions illustrate the preservation of the environment not running well. For this reason, efforts and strategies need to be made to anticipate disasters that will occur in the future. In accordance with the foundation of the Pancasila state that has been engraved in the life of the nation and state of Indonesia, the role of the Pancasila for environmental protection needs to be put forward. This article aims to prevent the dominance of law enforcement in the field of environment but the role of the Pancasila perspective as a way of life and state ideology must be put forward. Pancasila is a guideline for maintaining and developing community welfare through a harmonious, balanced environment in order to improve the ongoing development at this time. This research uses a normative approach to library research, by conducting a study of the nation's life view of Pancasila and analyzing the applicable legal provisions, specifically in the field of environmental law. The results of this study are to put forward the Pancasila perspective approach in managing the environment in order to develop patterns of harmony, harmony and balance both in meeting physical and spiritual needs. The conclusion of this article is that environmental management has not been carried out in the perspective of the Pancasila perspective, so that the practice of Pancasila values has not been carried out consistently in developing environmental aspects.

Analisis Yuridis Tindak Pidana Pencucian Uang (Studi Putusan No. 311/Pid.Sus/2018/Pn. Mdn)

2021 ◽  
Vol 4 (2) ◽  
pp. 974-981
Author(s):  
Andika Pratama ◽  
Rizkan Zulyadi ◽  
Sri Pinem
Keyword(s):  
Law Enforcement ◽  
Money Laundering ◽  
Research Method ◽  
District Court ◽  
Legal Rules ◽  
Analysis Technique ◽  
Proceeds Of Crime ◽  
Public Scrutiny ◽  
Examination Process ◽  
Descriptive Method

The panel of judges adjudicating the money laundering case found the defendant guilty of the crime of money laundering from the narcotics crime, and therefore sentenced the defendant to 7 (seven) years imprisonment. Based on this, the formulation of the problems in this study: 1) How are the legal rules regarding money laundering in Indonesia, 2) How is law enforcement against the crime of money laundering in the Medan District Court, 3) What is the basis for the judge's consideration in imposing crimes against money laundering offenders in the Decision Number 311 / Pid.sus / 2018 / PN. Mdn. The research method used is descriptive method, while the data analysis technique used is descriptive qualitative. The results showed that the crime of money laundering is regulated in Law no. 8 of 2010 concerning the Prevention and Eradication of the Crime of Money Laundering (UU PP - TPPU). The threat of money laundering is regulated in Article 3, namely imprisonment for a maximum of 20 (twenty) years and a maximum fine of Rp. 10,000,000,000. The panel of judges at the District Court that adjudicates money laundering crimes acts decisively in imposing crimes, especially because the examination process usually receives public scrutiny, such as money laundering from narcotics and corruption crimes. The basis for the consideration that the panel of judges, the defendant has participated in the circulation of narcotics by receiving, transferring money as payment for narcotics, this is commonly done by the perpetrators of the Crime of Money Laundering to disguise or hide the origin of the proceeds of crime. However, the panel of judges had imposed a sentence that was too low on the defendant, namely 7 years in prison, far below the threat of money laundering in Article 3 of the TPPU Law where the defendant was found guilty, namely 20 years in prison.

scholarly journals Matriarchal Society in The Secret Life of Bees by Sue Monk Kidd

2020 ◽  
Vol 1 (1) ◽  
pp. 28-33
Author(s):  
Teta Irama Setri ◽  
Dwi Budi Setiawan
Keyword(s):  
Women Characters ◽  
Qualitative Method ◽  
Economic Condition ◽  
Literary Work ◽  
Decision Making Process ◽  
The Novel ◽  
Historical Approach ◽  
The Past ◽  
Library Research ◽  
Feminine Divine

This research discusses a novel which written by Sue Monk Kidd entitled The Secret Life of Bees. The writers aims to describe the matriarchal society issue that is often regarded as the opposed of patriarchy. This research aims to answer the question how levels of matriarchal society described in the novel The Secret Life of Bees through women characters in the story. This study applies descriptive qualitative method and typically library research. This research applies socio-historical approach in order to look at the relation between literary work and society’s historical elements that happen in the past. At political level, August character shows as the matriarch or the leader in community with important role for overcoming conflict and decision making process. At economical level, it shows that matriarchal society common practice has right and same position in economic affair and giving gift each other to make the economic condition balance. Last, at spiritual and cultural level, it is described that women characters in The Secret Life of Bees believe in feminine divine which is the Black Mary and doing worship for her. In conclusion, The Secret Life of Bees novel clearly depicts matriarchal society based on the theory of Matriarchy by Heide Göettner-Abendroth.Keyword: The Secret Life of Bees, Matriarchy, Matriarchal Society, Levels of Matriarchal Society, Socio-historical Approach

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

FIAT JUSTISIA ◽  
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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