PERTANGGUNGJAWABAN PIDANA KORPORASI DALAM TINDAK PIDANA PENCUCIAN UANG PERSPEKTIF HUKUM ISLAM

2020 ◽  
Vol 14 (2) ◽  
pp. 190-198
Author(s):  
Ais Surasa
Keyword(s):  
Research Methods ◽  
Money Laundering ◽  
Islamic Law ◽  
Criminal Liability ◽  
Library Research ◽  
The Will ◽  
Corporate Criminal Liability

This research aims to find out the conditions of corporate criminal liability in money laundering offences based on Islamic law perspective. This research uses library research methods. The results concluded that corporate criminal liability conditions are stipulated in Article 6 of Law No. 08 year 2010, which contains that a person with money laundering will be 4 years or more in prisoned. Islamic law states that one who commits it, will be punished in return towards the actions of “jarimah” perpetrators (as the elements fulfilled). Thus, the criminal liability is a person who can experience a shift and accept the concept of harm through determining corporate’s liability. It is because the will-have impact is greater than any crimes executed by individuals. As for the sanctions against corporations which committed money laundering are ta'zir (punishments). Keywords: Corporate Criminal Liability; Money Laundering; Islamic Law

scholarly journals Pertanggungjawaban Korporasi dalam Tindak Pidana ‎Pencucian Uang menurut Hukum Islam

2016 ◽  
Vol 2 (2) ◽  
pp. 385-407
Author(s):  
Renata Amalia
Keyword(s):  
Money Laundering ◽  
Criminal Law ◽  
Corporate Responsibility ◽  
Islamic Law ◽  
Criminal Liability ◽  
Legal Action ◽  
Legal Entity ◽  
Article 5 ◽  
Corporate Criminal Liability ◽  
Legal Entities

Abstract: This article highlights a corporate responsibility in the crime of money laundering in accordance with Islamic law. Corporate criminal liability set forth in article 6 of Law No. 8 of 2010 which states that in the case of money laundering as defined in Article 3, Article 4 and Article 5 committed by a corporation, crime laid against and/or personnel controlling corporation. Islamic law also recognize the existence of the legal entity or corporation. This is evidenced by the jurists who introduced treasury as the legal agency. It has rights and can take legal action but can not be burdened with responsibility because they do not have the knowledge and choice. So that if a legal agency has committed a crime then a person who should be accountable are administrators or managers of the legal agency. But there are also penalties for legal entities, such as the punishment of dissolution, destruction, eviction and foreclosure.Keywords: Corporate, money laundering, Islamic criminal law. Abstrak: Artikel ini membahas tentang pertanggungjawaban korporasi dalam tindak pidana pencucian uang menurut hukum Islam. Pertanggungjawaban pidana korporasi diatur dalam pasal 6 UU No. 8 tahun 2010 yang menyebutkan bahwa dalam hal tindak pidana pencucian uang sebagaimana dimaksud dalam pasal 3, pasal 4, dan pasal 5 dilakukan oleh korporasi, pidana dijatuhkan terhadap dan/atau personil pengendali korporasi. Hukum Islam juga mengenal adanya badan hukum atau korporasi, hal ini dibuktikan dengan para fuqaha yang mengenalkan baitul mal (perbendaharaan negara) sebagai badan hukum. Badan hukum ini mempunyai hak dan dapat melakukan tindakan hukum tetapi tidak dapat dibebani pertanggungjawaban karena tidak memiliki pengetahuan dan pilihan. Sehingga apabila badan hukum melakukan suatu tindak pidana maka yang dapat dimintakan pertanggungjawaban adalah pengurus atau pengelola badan hukum tersebut, tetapi ada pula hukuman bagi badan hukum, seperti hukuman pembubaran, penghancuran, penggusuran dan penyitaan.Kata Kunci: Korporasi, pencucian uang, hukum pidana Islam

scholarly journals Corporate Criminal Liability in India

2021 ◽  
Vol 8 (1) ◽  
pp. 31-48
Author(s):  
Pradeep Kumar Singh
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Money Laundering ◽  
Justice System ◽  
Corporate Crime ◽  
Criminal Liability ◽  
Strict Liability ◽  
Business Environment ◽  
Corporate Body ◽  
Corporate Criminal Liability

In 21st Century, crimes committed by corporate bodies are creating more serious challenge for criminal justice system. Some vested interests which are controlling affairs of corporate bodies misuse the corporate body for commission of criminal acts to maximise profit. Corporate body is conferred with legal personality for regulation of its functions but it does not have physical body and mind of its own, thereby, problem arises for holding corporate body as criminal, and further, in imposition of criminal liability. Corporate criminal activities badly affect environment, health, safety and infra-structure development. Corporate entities are involved in corruption, forgery, money laundering, foreign exchange violations, money laundering, tax evasions, benami property transactions and other economic offences. Proper formulation of criminal justice actions and effective enforcement of corporate criminal liabilities are modern criminal justice requirements. Corporate bodies are business entities; economic wellbeing of society, prosperity of citizenry and development of nation depend on freedom of trade, amicable business environment and least regulation of corporate entities. Hereby, in determination and imposition of corporate criminal liability for betterment of society, it is necessary to make balance between to take stern actions to tackle corporate crimes and to take care to not hamper legitimate activities of corporate bodies. Law relating to corporate criminal liability in India will be analysed in this paper. Keywords: Criminal Justice System, Corporate crime, Corporate criminal liability, Natural person, Social wellbeing, Strict liability

scholarly journals Children's Criminal Responsibilities: Comparative Study in Islamic and Criminal Law

2018 ◽  
Vol 14 (2) ◽  
pp. 101-108
Author(s):  
Heni Hendrawati ◽  
Nurwati Nurwati ◽  
Budiharto Budiharto
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Criminal Law ◽  
Justice System ◽  
Islamic Law ◽  
Comparative Method ◽  
Criminal Liability ◽  
Legal Responsibility ◽  
Interesting Phenomenon ◽  
Library Research

The study of criminal liability against child offenders based on Law No. 11 of 2012 concerning the Criminal Justice System of Children and according to Islamic Criminal Law is a very interesting phenomenon to study, especially during this time many phenomena of a minor underage sitting in the accused and detained like a big villain just because of a trivial matter. This study includes the type of research library research, so in this study, researchers conducted data collection through the study and library research on books relating to the problems the authors studied. In analyzing this study, the authors used a comparative method that is comparing child criminal liability in positive criminal law based on Law No. 11 of 2012 concerning the Child Criminal Justice System, with child criminal liability in Islamic criminal law. In Islamic law, a child will not be subject to a punishment for the crime he committed, because there is no legal responsibility for a child of any age until he reaches the age of baliq, qadhi will only have the right to reprimand him or set some restrictions for him to help improve the child in the future. It is expected that this research can contribute to the renewal of national criminal law, especially regarding criminal liability committed by children, taking into account the concepts in Islamic criminal law.

scholarly journals PERTANGGUNGJAWABAN PIDANA KORPORASI (PT) ATAS TINDAK PIDANA PERUSAKAN LINGKUNGAN HIDUP

2021 ◽  
Vol 2 (02) ◽  
pp. 143-155
Author(s):  
Erni Juniria Harefa ◽  
Pondang Hasibuan ◽  
Sahat Benny Risman Girsang ◽  
Herlina Manullang
Keyword(s):  
Environmental Pollution ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Strict Liability ◽  
Legal Protection ◽  
Corporate Management ◽  
Library Research ◽  
Responsible Corporate Officer ◽  
Corporate Criminal Liability ◽  
Environmental Crimes

The occurrence of environmental crimes in the form of environmental pollution and/or destruction, mostly carried out in the context of running an economic business, and is also the attitude of the authorities and entrepreneurs who do not carry out or neglect their obligations in environmental management. Environmental pollution and/or destruction continues to increase in line with the increase in industrial activities or the like, of course the environment needs legal protection. Article 116 of the Environmental Protection and Management Law (UUPPLH), makes the concept of corporate criminal responsibility and corporate management (directors, managerswho are responsible for managing the company's environment, can even be asked to shareholders and commissioners) together, in the event that the activities and/or business of the corporation cause environmental pollution and/or destruction. On the other hand, the accountability of the directors/management of the corporation is also needed because there is a possibility that the sanctions imposed on the corporation will not affect the lives of the leaders/management of the corporation.The method used in this thesis research is normative juridical research using primary, secondary, and tertiary legal materials. This study uses library research techniques, which are then analyzed qualitatively. Based on the results of the study, that corporate criminal liability in Article 116 paragraph (1) UUPPLH is based on the identification of Theory and Vicarious Liability. Meanwhile, the director's criminal responsibility as an individual for criminal acts of environmental destruction occurs as long as the director has the authority to prevent violations or to improve the situation. Meanwhile, the criminal responsibility of the director representing the PT organ for environmental crimes can be identified based on the Responsible Corporate Officer Doctrine (RCO) and Strict Liability, because his position in the company has an obligation to take action to ensure that the violation will not occur as stipulated in Article 116 and 117 UUPPLH.

scholarly journals TINJAUAN HUKUM ISLAM TERHADAP KEWAJIBAN PENGGUNAAN PRODUK LOKAL BAGI INSTANSI PEMERINTAH (Studi Inpres. No. 2/2009 Tentang Peningkatan Penggunaan Produk Dalam Negeri (P3DN)

2020 ◽  
Vol 6 (2) ◽  
pp. 161
Author(s):  
Miftahur Rahman
Keyword(s):  
Qualitative Research ◽  
Research Methods ◽  
Islamic Law ◽  
Qualitative Research Methods ◽  
Government Agencies ◽  
Local Market ◽  
Literature Instruction ◽  
Library Research ◽  
Presidential Decree ◽  
Domestic Products

<p>President No instructions. 2 / 2009 About Improving Use of Domestic Products (P3DN) was born on February 9, 2009. This dilatarr back on the number of imported products flooding into the local market that triggered a global crisis. In addition, people’s purchasing power is still relatively low stock contributed to beauty product market is relatively cheap imports. In the instructions the President No. 2 <em>I </em>2009 on Better Use of Domestic Products (P3DN) and the Islamic concept of this requires government agencies to consume local products. This calls for the author’s attention to research on instruction Presidential No. 2 <em>I </em>2009 on Better Use of Domestic Products (P3DN), the extent to which if the instructions are analyzed by the President of Islamic law in the case of an obligation for government agencies to consume local products. This study was designed to use different types of literature research (library research) is by way of an inventory and classify the application of literature instruction Presidential No. 2 / 2009 on Better Use of Domestic Products (P3DN) and scripture al-Quran and Islamic principles that are relevant to this discussion. Liabilities use of local products is part of the instructions the President No. 2 <em>I </em>2009 on Better Use of Domestic Products (P3DN). In analyzing the data, the author qualitative research methods. Namely President No. analyze instructions. 2 / 2009 on Better Use of Domestic Products (P3DN) with consumption in the Islamic theory in order to obtain the expected results. With this qualitative research methods to produce the conclusion that the provisions of Presidential Decree No. instructions. 2 / 2009 on Better Use of Domestic Products (P3DN) according to Islam is a deprivation of voting rights for citizen consumption activities, which contrary to the principles of Islam mu’amalah namely <em>‘an-Taradhin</em> (compliance).</p>

scholarly journals Batasan Kedewasaan dan Kecakapan Hukum Pewasiat Menurut Kompilasi Hukum Islam dan Kitab Undang-Undang Hukum Perdata

2018 ◽  
Vol 5 (1) ◽  
pp. 1-12
Author(s):  
Sanawiah Sanawiah ◽  
Muhammad Zainul
Keyword(s):  
Research Methods ◽  
Islamic Law ◽  
Civil Law ◽  
Civil Code ◽  
Legal Research ◽  
The Will ◽  
Similarities And Differences ◽  
Legal Proof

Limitations of adulthood and lawfulness of the pewasiat both in terms of the position of limits and the ability of the pewasiat, the requirements of the pewasiat and the various limits of the age of the pewasiat according to different views and opinions among the Imam of the School in the determination of its law. The purpose of this study is to to assess the Limitations of adulthood and legal proficiency of pewasiat by Compilation of Islamic Law and Civil Code contained in the Compilation of Islamic Law Article 194 paragraph 1 and Book Civil Law Article 897. In Compilation of Islamic Law Article 194 paragraph 1 concerning the will specifies that the person who intends to reach the age of 21 full and sensible this is a requirement for mlekukan wills must reach the age that has been determined. The Civil Code states that in Article 897 it states that the person who intentions must reach the age of 18 full years, this is a condition of determination to perform the testament. Normative legal research methods analyze, related legislation presented through descriptive and deductive methods which are then analyzed to see the location of similarities and differences between the Compilation of Islamic Law and the Civil Code. The result of this research is the equation of Law Compilation of Compilation of Islamic Law and Civil Code which states the condition of the person having the will should be sensible, while in the determination of maturity 21 years based on article 330 Civil Code. As for the legal proof of Article 426 Civil Code aged 18 years.

scholarly journals Accounts Payable (Qardh) in Islamic Law

2020 ◽  
Vol 7 (4) ◽  
Author(s):  
Saprida Saprida ◽  
Choiriyah Choiriyah ◽  
Melis Melis
Keyword(s):  
Data Analysis ◽  
Qualitative Data ◽  
Islamic Law ◽  
Analysis Method ◽  
Accounts Receivable ◽  
Library Research ◽  
Accounts Payable ◽  
Helping Others ◽  
The Will ◽  
Data Analysis Methods

AbstractThis study discusses how accounts receivable (qardh) are in Islamic law. This research is a type of library research that focuses on qualitative data management with data analysis methods using the description-analysis method. The results of this study are that qardh (accounts receivable) is an act or activity that has the purpose of helping others who are in need of material assistance, and is highly recommended because it provides wisdom and benefits for the lender and the recipient of the debt. Qardh is permissible as long as there are no elements which are detrimental to either party. While the law exceeds the payment of as much debt, if the excess is indeed the will of the debtor and not the previous agreement, then the excess may be for those who repay it, and be good for those who pay the debt. As for the additions that are desired by those who are in debt or have become agreements during the contract, this must not be prohibited in Islam.Keywords: Qardh, Islamic Law. AbstrakPenelitian ini membahas bagaimana piutang (qardh) dalam hukum Islam. Penelitian ini adalah jenis penelitian kepustakaan yang berfokus pada manajemen data kualitatif dengan metode analisis data menggunakan metode deskripsi-analisis. Hasil penelitian ini adalah bahwa qardh (piutang dagang) adalah tindakan atau kegiatan yang memiliki tujuan membantu orang lain yang membutuhkan bantuan material, dan sangat dianjurkan karena memberikan kebijaksanaan dan manfaat bagi pemberi pinjaman dan penerima hutang. Qardh diperbolehkan selama tidak ada unsur yang merugikan salah satu pihak. Sementara hukum melebihi pembayaran hutang sebanyak-banyaknya, jika kelebihannya memang merupakan kehendak debitur dan bukan perjanjian sebelumnya, maka kelebihannya mungkin bagi mereka yang membayarnya, dan baik bagi mereka yang membayar hutang. Adapun tambahan yang diinginkan oleh mereka yang berhutang atau telah menjadi perjanjian selama kontrak, ini tidak boleh dilarang dalam Islam.Kata kunci: Qardh, Hukum Islam.

Analisis Kemaslahatan Pada Putusan MA Tentang Wasiat Waji>Bah Dalam Pemberian Hak Waris Bagi Non Muslim (Studi Analisis Pada Putusan MA No. 51.K/AG/1999)

2020 ◽  
Vol 11 (1) ◽  
pp. 1-12
Author(s):  
Faradilla Chairunnisa ◽  
Agus Supriyanto
Keyword(s):  
Islamic Law ◽  
Supreme Court Decision ◽  
Inductive Method ◽  
Library Research ◽  
The Supreme Court ◽  
Legal Position ◽  
The Will ◽  
The Right ◽  
To Receive ◽  
Religious Differences

The objectives of this study are as follows, (1) To find out the legal position wasiat waji>bahin the distribution of inheritance for non-Muslims; (2) To find out the reasons behind the decisionMahkamah Agung in deciding inheritance rights for non-Muslims in the form wasiat waji>bah;and (3) To analyze the benefit of the Verdict Mah-kamah Agung No.51.K/AG/1999. The method usedin this research is the Inductive method, which is in the form of drawing general conclusions or abasic knowledge of specific matters. That is, from the existing facts a conclusion can be drawn. Thistype of research is library research or library research. This research is descriptive and maslahahanalysis. The conclusion of this study, first, the legal position of wills in giving inheritance for non-Muslims in KHI does not mention that a person is prevented from becoming an heir due to religiousdifferences. Non-Muslim heirs in Islamic law are located outside the heirs who have the right toreceive an inheritance, because religious differences become an obstacle to obtaining inheritancerights. The Hanafiyah Ulama viewed the will to non-Muslim heirs as valid and the jurists agreed thatthe testament to the Muslim ghair ahl al-dzimmah was permissible. Therefore, granting inheritancerights to non-Muslims in the form of a compulsory will is legal because religious differences do notbecome a barrier to the validity of a will. Second, in its decision, the Panel of Judges gave reasons forgranting inheritance rights to non-Muslims through a mandatory will without questioning the religionof the heirs by stating that non-Muslim heirs have the right to receive inheritance with the sameproportion as religious heirs. Islam from the inheritance left by the heirs. Third, the researcher foundthat there was a problem in the Supreme Court decision no. 51.K / AG / 1999. First, the existence ofmas} lah} ah according to syara ‘belongs to al-Mas} lah} ah al-Mursalah. Second, the level of needbased on the priority of use is included in the Maslahah Daruriyat aimed at maintaining the purposesof Islamic law (Maqasid al-Syari’ah) and avoiding damage. Third, the content of the maslahah orwhich priority should take precedence is included in the Maslahah al-Ammah. Fourth, change an as afixed or changing limitation, including in Maslahah al-Mutaghayyirah and Fifth, there is a principleof Justice.

scholarly journals Analisis Komparasi Pemikiran Ibnu Hazm dan Syafi’i terhadap Hukum Musik

2020 ◽  
Vol 1 (4) ◽  
pp. 627-649
Author(s):  
Muhammad Yusram ◽  
Hendra Wijaya ◽  
Azwar Iskandar ◽  
Moh. Fadli
Keyword(s):  
Comparative Analysis ◽  
Research Methods ◽  
Islamic Law ◽  
Analysis Approach ◽  
Library Research ◽  
The Law ◽  
Ibn Hazm

This research aims to examine the law of music in the review of Islamic law by comparing the opinion that forbidding the music especially from Shafi’i and opinion that allowing the music especially from Ibnu Ḥazm.  This research used library research methods with comparative analysis approach. The results found some important findings. First, Ibn Hazm argued that the law of all things that have no clear evidence of it is permissable, including music. There are many flaws in the hadiths and aṡar that are expressed by scholars who forbid music, including the weakness of the mustard and the use of the word in narration that raises doubts in it. Second, Shafi'i allows certain instruments under certain circumstances such as tabla instruments used during war, not for something that neglects such as singing. Shafi'i hates acts that neglect a person from the Qur'an such as listening to a song even though there is a remembrance of Allah. There is a contention or comment from the scholars to Ibn Ḥazm who doubts the validity of Bukhari as a reliable hadith. Third, the differences in scholars on this matter are specific to Ibnu Ḥazm and Shafi'i's views, not including disagreements that allow a person to choose an opinion that he believes based on the evidence he has heard from both. This is because there has been clear evidence of cancelling one of the views of both. In this case, Ibn Ḥazm's opinion of the hadith which he thought was weak turned out to be a valid hadith and agreed upon by most scholars.

scholarly journals Sanksi bagi Pelaku Pembunuhan yang Menderita Gangguan Bipolar Perspektif Hukum Islam

2021 ◽  
Vol 2 (2) ◽  
pp. 194-208
Author(s):  
Rahmat Rahmat ◽  
Nuraeni Novira ◽  
M. Amirullah ◽  
Amelia Amelia
Keyword(s):  
Bipolar Disorder ◽  
Research Methods ◽  
Islamic Law ◽  
Descriptive Research ◽  
Library Research ◽  
Religious Psychology ◽  
Qualitative Descriptive

This study aimed to review and analyze appropriate sanction for murderer suffering from bipolar disorder based on the perspective of Islamic law. This research was qualitative descriptive research with library research methods and approaches such as: (1) normative theology (syar'i); (2) historical; and (3) religious psychology. The results showed that murder is an illegal act in Islam so that the culprit is punished severely. Murder committed by people with bipolar disorder according to the perspective of Islamic law is sanctioned qiṣāṣ if the act of murder is carried out when the perpetrator is in normal circumstances, but if the act of murder occurs when bipolar disorder relapses on the perpetrator, then the sanction is a full right on the part of the victim's family to still ask for a fine (diat).

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