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Naufal Wahyu Nabiha; Umi Enggarsasi

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2023 Pusat Riset dan Inovasi Nasional

Money Laundering is an attempt to hide or disguise the origin of money or assets resulting from a criminal act through various financial transactions so that the money or assets appear as if they came from legal activities. The criminal act of money laundering is increasingly complex, and uses increasingly varied methods, one of the crimes originating from money laundering is fraud. The problems studied are how the law protects victims of fraud, what is the mechanism for confiscating and returning assets resulting from criminal acts originating from the assets of fraud victims, as well as an analysis of the basic considerations of judges in the Supreme Court decision no. 3096 K/Pid.Sus/2018. The defendant, who was proven to have not only committed the crime of "Fraud", was also proven to have committed the crime of "Money Laundering", therefore, based on the provisions of Article 39 of the Criminal Code in conjunction with Article 46 of the Criminal Procedure Code, the evidence was confiscated for the state. 

Nabilla Syafira; Elisatris Gultom; Deviana Yuanitasari

Jurnal Hukum dan Sosial Politik 2023 International Forum of Researchers and Lecturers

In debt and credit problems, bankruptcy is often the last solution to resolve the problem. State-Owned Enterprises or SOEs are also not immune from debt and credit problems that lead to bankruptcy. The regulation regarding the bankruptcy of SOEs itself is regulated in Article 2 Paragraph (5) of the Bankruptcy Law and its explanation. However, problems then arise when the subsidiaries of SOEs become bankruptcy respondents. There is no legislation that specifically regulates the bankruptcy of SOEs Subsidiaries, so this has led to confusion and debate in the community regarding the status of SOEs Subsidiaries in terms of bankruptcy. The ambiguity and debate can be seen in the implications of the bankruptcy petition case filed by the Kinarya Liman Margaseta Consortium against PT Indonesia Power, which is a Subsidiary of SOEs, namely PT PLN. This research aims to find out how the position of a SOEs Subsidiary in terms of bankruptcy is reviewed from the Bankruptcy Law and SOEs Law. The type of research used in this research is normative legal research. The research specifications used in this research are descriptive analysis. The approach used in this research is a statutory approach and case approach. Based on the results of this case study, it can be seen that when viewed from the Bankruptcy Law and the SOEs Law, basically the subsidiaries of SOEs and SOEs cannot be equated in status and position. This is supported by several theories and strengthened by the Constitutional Court Decision and the Supreme Court Decision. Thus, PT Indonesia Power's bankruptcy petition should be filed by its creditors in addition to the Minister of Finance.

Isti Puspitasari; Erviyanti Rosmaida; Taufiqurrohman Syahruri

Jurnal Relasi Publik 2023 International Forum of Researchers and Lecturers

Decision Number 2205 K/Pd/Sus/2022 The Supreme Court again upheld the acquittal decision of Samin Tan as the owner of PT Beneficial Ownershiprneo Lumbung Energi & Metal (PT BLEM). The panel is of the opinion that the giver of gratification cannot be punished because the Corruption Eradication Law is not designed to punish the giver of gratification even though Samin Tan's position as the giver of gratification is the ultimate beneficiary owner of PT BLEM. The research method used in this research is using normative juridical research methods and using literature study techniques to answer the problems in this research. The result of the discussion of the first problem formulation is that Samin Tan cannot be held criminally responsible because the person giving the gratification is not criminalized under the law even though Samin Tan is the ultimate beneficiary owner who has the potential to commit this act because it is in the interests of his company. The result of the discussion on the formulation of the second problem is that the judge's considerations in the decision did not prioritize a sense of justice and expediency because they only prioritized legal certainty which resulted in Samin Tan being able to escape the demands of the public prosecutor.

Christoper Adrianto

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2023 International Forum of Researchers and Lecturers

The Indonesian Constitutional Court in its judicial review of the Criminal Procedure Code No. 34/PUU-XI/2013 stated that Article 268 paragraph (3) regarding the limit on filing for judicial review of criminal cases is contrary to the 1945 Constitution and has no binding legal force. The Supreme Court responded to the decision by issuing Supreme Court Circular Letter No. 07/2014 which continues to limit judicial review to only one time based on the Judicial Power Act and the Supreme Court Act. Departing from regulatory dualism, this paper formulates the problem of the legal products issued by the Supreme Court and the Constitutional Court in terms of material testing of Law Number 8 of 1981 concerning the Criminal Procedure Code. This study uses normative legal research methods through a review of literature sources. Through Gustav Radbruch's Legal Theory, this study found that first, the position of the SEMA was issued even though it was in accordance with existing laws and regulations, but this decision was contrary to Gustav Radbruch's Legal Theory. Second, the legal consequences after the Constitutional Court Decision. The Supreme Court through SEMA that limits the filing of judicial review to one time is legally flawed both in terms of substance and formal formation because it contradicts the Constitutional Court Decision.

Muhammad Aryo Dwinanda Mukti; Kayus Kayowouan Lewoleba

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2023 International Forum of Researchers and Lecturers

The advocate's code of ethics also binds advocates to behave to maintain the dignity and good name of their profession. Violations of the code of ethics by well-known advocates such as Hotman Paris are a clear example that violations of professional ethics can harm the good name of the advocacy profession as a whole. This research uses normative juridical research methods with literature study. This research uses a case approach, namely cases of violations of the code of ethics committed by Hotman Paris. The results of the research show that even though they are free and independent law enforcers, advocates are still bound by the advocate's code of ethics which sets ethical and moral standards in carrying out their profession. The heavy disciplinary sanctions received by Hotman Paris reflect the seriousness of this violation of the ethical norms of the advocate profession. Even though Hotman Paris left the Indonesian Advocates Association, disciplinary sanctions remain in effect because they are related to violations of the advocate's code of ethics involving the Supreme Court.

Wahyudin Djou; Erman I. Rahim; Abdul Hamid Tome

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2023 International Forum of Researchers and Lecturers

In terms of the ratification of Perppu Number 2 of 2022 concerning Job Creation, this raises pros and cons in society. This is because the Supreme Court Constitutional Decision Number 91 / PUU-XVIII / 2020 states that Law Number 11 of 2020 is unconstitutional conditional and must be immediately revised within 2 (two) years from the time the decision is issued. One of the reasons is because in the formation of the Job Creation Law, it does not involve full community participation and is not guided by the principle of openness. But the government actually responded by issuing the Job Creation Perppu which was later passed into law by the DPR-RI. In fact, between Law Number 11 of 2020 concerning job creation and Perppu Number 2 of 2022 concerning job creation, it is relatively the same in terms of content. This study aims to examine a legal truth related to the mechanism for ratifying Government Regulations in Lieu of Law based on actual legal provisions. One of the legal provisions in the formation of laws and regulations is to make the principle of forming laws and regulations one of the conditions that must exist in the process of forming laws. One of its principles is the principle of openness. and the method used in this study is Normative. And in the results of this study, it shows that the ratification of the Job Creation Perppu is not in accordance with the mechanism for the Establishment of Laws and Regulations because it is not guided by the principle of openness.

Andhika Santoso, Raihan; Elan Jaelani; Utang Rosidin

Deposisi: Jurnal Publikasi Ilmu Hukum 2023 International Forum of Researchers and Lecturers

The legal products of the Supreme Court are not the same as laws. If the law does not understand or regulate something, the Supreme Court can issue policy regulations based on its authority. However, such a thing is not always done. For example, in 1963 the Supreme Court issued Circular Letter Number 3, which effectively canceled a number of Articles in the BW because it was considered unfair. . Researchers use normative research methods to obtain relevant material and explanations for the formulation of the problem as well as to obtain research-based understanding and explanations raised. Normative research is a type of research conducted through a review of literature (secondary sources). The type of normative research chosen is normative juridical, because the starting point of this research is to use legal norms or existing laws and regulations to analyze the problem under study. The results show that the Position and Strength of the Supreme Court Circular Letter (SEMA) in the legal system in Indonesia is recognized outside the hierarchy of laws and regulations and has binding legal force in accordance with the words of Article 8 Paragraph (1) and (2) of Law no. 12 of 2011

Elisabet Juniawati Pardede; Herti Noita Simbolon; Syarifa Aini; Parlaungan Gabriel Siahaan; Dewi Pika Lbn Batu

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2023 International Forum of Researchers and Lecturers

The monetary crisis has greatly impacted Indonesian society, leading to a moral crisis. This can be seen from the increasing crime rate and unemployment. This tends to cause one of the crimes that often occurs, which is theft. The application of standard articles in cases with relatively small valued goods will certainly increase the piling up of cases and the prolonged handling of a case. Not infrequently, these cases are forced to be resolved in a long period of time and end up in the Supreme Court. This study aims to find out the decision of the Medan High Court Number 1287/Pid.B/2023/PN Mdn regarding theft. In this study, the author uses a normative juridical approach, which is an approach carried out by analyzing and interpreting theoretical matters regarding principles, legal interpretation and comparative law. The results of the analysis and discussion in this study are that in the case of the criminal act of theft with case number 1287/Pid.B/2023/PN Mdn, the Defendant, Tamim Hasyim Als Tamim, was found guilty by the Panel of Judges for committing the criminal act of "Aggravated Theft Committed Repeatedly" based on the alternative indictment submitted by the Public Prosecutor. As a result, the Defendant was sentenced to 3 years and 10 months in prison. In the case of the criminal act of theft with case number 1287/Pid.B/2023/PN Mdn.    

Yunita Wulandari; Siti Habibah; Yulia Nisah; Siti Karomatul Ghoniyah

Publikasi Hasil Pengabdian dan Kegiatan Masyarakat 2023 Asosiasi Periset Bahasa Sastra Indonesia

The presence of the Legal Aid Post (Posbakum) is generally referred to as a major invasion, representing a development of the previous government's legal aid policies. Its existence reflects Indonesia's lawful state responsibilities. The Supreme Court (MA) established Posbakum in all courts of first instance that provide legal aid services, including General Courts, Religious Courts, and State Administrative Courts. This service activity was carried out at the Jember Religious Court with the goal of providing knowledge and understanding to the people of Jember Regency, particularly the less fortunate, so that they are more aware of the Jember Religious Court's legal aid facilities, which can assist in filing or handling cases and ensuring equality before the law.

I Gede Yudi Arsawan; Emil Maula

GARUDA : Jurnal Pendidikan Kewarganegaraan dan Filsafat 2023 International Forum of Researchers and Lecturers

Abstract. Tax is one of the state's incomes that has a large contribution to state finances compared to other state income. In the implementation of tax collection, it is not uncommon for there to be various kinds of disputes between the tax authorities and the public who are taxpayers, which are called tax disputes. Tax dispute resolution is resolved through a judicial institution called the Tax Court. However, currently the authority for guidance over the Tax Court is still carried out by the Ministry of Finance and the Supreme Court, even though the Tax Court is part of the judicial institution. This research uses a type of juridical-normative research which focuses on the use of secondary data. This type of research is a procedure for finding the truth based on the logic of legal science from a normative point of view. The results of this research found that after the Constitutional Court Decision Number 26/PUU-XXI/2023, the full authority to guide the Tax Court had to be transferred to the Supreme Court. It is recommended that the implementation of the transfer of guidance authority be carried out in stages as soon as possible in order to provide legal certainty regarding the long-standing overlap of authority between the executive and judicial powers towards the Tax Court which should be purely part of the judiciary.   Keywords: government power, guidance, tax court   Abstrak. Pajak merupakan salah satu income negara yang memiliki sumbangan besar terhadap keuangan negara dibandingkan dengan pendapatan negara lainnya. Dalam pelaksanaan penagihan pajak, tidak jarang terdapat berbagai macam perselisihan antara fiskus dengan masyarakat yang merupakan wajib pajak yang disebut dengan sengketa pajak. Penyelesaian sengketa pajak diselesaikan melalui sebuah institusi peradilan yang disebut Pengadilan Pajak. Namun saat ini kewenangan pembinaan atas Pengadilan Pajak masih dilakukan oleh Kementerian Keuangan dan Mahkamah Agung, padahal Pengadilan Pajak merupakan bagian dari lembaga yudikatif. Penelitian ini menggunakan jenis penelitian yuridis-normatif yang menitikberatkan pada penggunaan data sekunder. Penelitian jenis ini adalah prosedur untuk menemukan kebenaran yang didasarkan pada logika keilmuan hukum dari sudut pandang normatif. Hasil penelitian ini menemukan bahwa pasca Putusan MK Nomor 26/PUU-XXI/2023, maka kewenangan pembinaan Pengadilan Pajak sepenuhnya harus dialihkan ke Mahkamah Agung. Disarankan agar pelaksanaan peralihan kewenangan pembinaan tersebut dilaksanakan secara bertahap sesegera mungkin demi memberikan kepastian hukum terhadap tumpang tindih kewenangan yang sudah lama sekali terjadi antara kekuasaan eksekutif dan yudikatif terhadap Pengadilan Pajak yang seharusnya murni sebagai bagian dari yudikatif.   Kata kunci: kekuasaan pemerintahan, pembinaan, pengadilan pajak

Tessa Pritama Eda; Weny Almoravid Dungga; Dolot Alhasni Bakung

Deposisi: Jurnal Publikasi Ilmu Hukum 2023 International Forum of Researchers and Lecturers

Tessa Pritama Eda, Nim: 1011419034, with the title Analysis of Court Decisions in Deciding Cases Number: 0017/Pdt. G/2013/Pa.Lwb Regarding Legalization of Siri Marriage. Advisor I Mr. Dr. Weni Almoravid Dungga, S.H., M.H and Advisor II Mr. Dolot Alhasni Bakung, S.H., M.H. The purpose of this study is to find out the legal protection for unregistered marriages and secondly to find out the court's decision in deciding case number: 0017/Pdt.G/2013/Pa.Lwb regarding the legalization of unregistered marriages. The method used in this research is normative. The result of legal protection for unregistered marriages is that unregistered marriages obtain legality from the State if they fulfill predetermined conditions, such as marrying according to religion, then obtain the consent of the first wife as evidenced by a permit, and also for reasons of paperwork. child. But here on the other hand, betel marriage can also be entered into a criminal offense.The decision of the supreme court granted the respondent's request to obtain a marriage certificate, on the grounds that it was in their administrative interests and that of the children, also because the marriage had been carried out in an Islamic manner and had fulfilled all the requirements, and the most important reason was that the marriage had been approved by the first wife.  

Rismauli Br Gultom; Winda Fitri

Deposisi: Jurnal Publikasi Ilmu Hukum 2023 International Forum of Researchers and Lecturers

The large number of people who use sharia contracts has a strong correlation with the number of sharia economic conflicts. Either party may breach the contract or engage in illegal acts giving rise to law. If a lawsuit occurs, the aggrieved party can file a lawsuit against the lawsuit, but the judge turns out that during the examination of the case, it determines that the contract in question is not in accordance with sharia law, even though neither party owns it. filed a lawsuit to be terminated. To examine sharia economic dispute cases, judges are required to follow certain provisions from the Supreme Court. In this study, the authors also used a conceptual approach to examine. Islamic legal concepts related to improper contracts. govern Islam. The authors of this study draw the conclusion that there are still many legal discussions governing sharia economics; existing laws only regulate in general and globally, and sometimes even conflict with each other. Due to loopholes in the law, the Supreme Court established guidelines for reviewing sharia economic cases. The guidelines contain several provisions that are inconsistent or even contradict one another, so that ijtihad is required from the judge's side to uphold the principle of divinity. so that the choice is only based on the rules stipulated by Islamic law. then the Supreme Court sets guidelines for reviewing sharia economic cases. The guidelines contain several provisions that are inconsistent or even contradict one another, so that ijtihad is required from the judge's side to uphold the principle of divinity. so that the choice is only based on the rules stipulated by Islamic law.. then the Supreme Court sets guidelines for reviewing sharia economic cases. The guidelines contain several provisions that are inconsistent or even contradict one another, so that ijtihad is required from the judge's side to uphold the principle of divinity. so that the choice is only based on the rules stipulated by Islamic law.

Antonius Aditya Pratama

JURNAL HUKUM, POLITIK DAN ILMU SOSIAL 2023 Pusat Riset dan Inovasi Nasional

Law Number 35 of 2009 concerning Narcotics has regulated the opportunities for medical rehabilitation and social rehabilitation for addicts and victims of narcotics abuse, as described in Article 54, Article 55, Article 103 and Article 127 Paragraphs (1), (2) and (3). In addition, it is also regulated in Articles 13-14 of Government Regulation Number 25 of 2011 concerning the Implementation of Compulsory Reporting of Narcotics Addicts and also the Circular Letter of the Supreme Court (SEMA) Number 4 of 2010 concerning Placement of Abuse, Victims of Abuse and Narcotics Addicts into Medical Rehabilitation and Rehabilitation Institutions. Social. The problems studied in this paper are how to regulate the implementation of rehabilitation for narcotics addicts based on the judge's decision and how the role of the competent agency in the implementation of rehabilitation for narcotics addicts is based on the judge's decision. Provisions for rehabilitation for narcotics abusers are regulated in Law No. 35 of 2009, it is stated in Article 54 that Narcotics Addicts and Narcotics Victims are required to undergo medical and social rehabilitation. This is clarified in Article 3 paragraph (1) of the Regulation of the Head of the National Narcotics Agency Number 11 of 2014 concerning Procedures for Handling Narcotics Addicts and/or Defendants of Narcotics Addicts and Victims of Narcotics Abusers in Rehabilitation Institutions (BNN Regulation 11/2014) which stipulates that Narcotics Addicts and Victims of narcotics abusers who are without rights and against the law as suspects and/or defendants in narcotics abuse who are undergoing the process of investigation, prosecution, and trial in court are given treatment, care and recovery in rehabilitation institutions. At the time the judge decides on rehabilitation, the judge will determine whether the person concerned (in this case the Narcotics Addict) undergoes rehabilitation or not based on whether or not the crime committed is proven. This is regulated as in Article 103 of Law no. 35 of 2009 concerning Narcotics. The Role of Agencies in the Rehabilitation of Narcotics Addicts in the Law of the Republic of Indonesia Number 35 of 2009 concerning Narcotics as a non-penal effort of the National Narcotics Agency is the implementation of mandatory reporting of Narcotics addicts, Recipient institutions must report (IPWL) Narcotics addicts, Medical rehabilitation, Social rehabilitation  

Anti Navirotul Baety; Heni Dora Sinaga; Ibrahim Yahya

Jurnal Relasi Publik 2023 International Forum of Researchers and Lecturers

Indonesia is a country that upholds people's sovereignty, which means that all political and governmental activities in Indonesia, both directly and indirectly, are regulated by the people. It is the people who choose who is entitled to occupy government positions using the election mechanism. This election itself was followed by more than a dozen political parties. The purpose of conducting this research is to further discuss whether the dissolution of political parties has violated the existence of freedoms that guarantee human rights in them or whether these rights have limitations in certain respects. As well as another objective is to examine the reasons and mechanisms in a dissolution within a political party carried out by the Supreme Court. This research uses normative qualitative methods where the results of the research will be in the form of a comprehensive review based on law no. 24 of 2003 and Law no. 2 of 2008. The result is that the dissolution of political parties does not violate human rights at all because the right to associate has certain limitations and the reason political parties can be dissolved is that it is contrary to the 1945 Constitution and Pancasila ideology.

Ainul Azizah; I Gede Widhianan Suarda; Mardiyono Mardiyono

JURNAL HUKUM, POLITIK DAN ILMU SOSIAL 2023 Pusat Riset dan Inovasi Nasional

Restorative justice or better known as restorative justice in the development of schools of law and punishment in human civilization, where the state returns the ius ponale and ius poniendi mandates to the community within the framework of healing, recovery and recovery. Restorative justice is a concept of thinking that responds to the development of the criminal justice system by focusing on the need to involve actors, communities and victims as a social recovery step in social relations. The principle of restorative justice is one of the principles of law enforcement in resolving cases which can be used as an instrument of recovery and has been implemented by the supreme court in the form of policy implementation (Supreme Court Regulations and Supreme Court Circulars). Restorative justice is considered a model of modern punishment that is more humane than the retributive justice used in the current justice system. One of the applications of this is the termination of the prosecution process by the prosecutor.