Melayunesia Law最新文献

{"title":"Implementation Vienna Convention As International Standard of Money Laundering And The Efforts Of Prevention And Eradication Money Laundering Crime In Indonesia","authors":"Mohammad Suharto, M. Indra, Davit Rahmadan","doi":"10.30652/ml.v6i2.7847","DOIUrl":"https://doi.org/10.30652/ml.v6i2.7847","url":null,"abstract":"This article has an analytical approach towards internasionalization of anti- money laundering and implementation Vienna Convention as international standard of anti-money laundering in Indonesia. Further, it eximes compliance of Indonesia government to Financial Action Task Force (FATF) Eecommendations as derivation of Vienna Convention. The 40 FATF Recommendations are a set of recommendations used as a global standard in building anti-money laundering and counter-terrorism financing regime. The findings indicate that Indonesia have majority compliant to Vienna Convention as derived 40 FATF Recommendation.  Overall, Imdonesia has a high level of technical compliance with relevant recommendation. But until year 2021, to 40 FATF Recommendations, Indonesia has no compliance to Recommendation number 7 (Target financing of proliferation sanction) that is Indonesia has not stated and regulated the sanction of proliferation funding. To improve implementation Recommendation 7 Target Financing Proliferation in Indonesia, we take data and information from FATF APG Group of Japan, Singapore dan Austraia in developing legal system of financing proliferation, in order to compare the legal framework of proliferation financing in those countris with situation in Indonesia. Further, we suggest solution of legal policy to improve legal framework of proliferation financing sanction in Indonesia, in line with   implementation targeted financial sanctions of proliferation without delay to comply with United Nations Security Council Resolutions.","PeriodicalId":304890,"journal":{"name":"Melayunesia Law","volume":"79 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131077463","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"MONOPOLY POTENTIAL IN PALM OIL FRESH FRUIT LOANS (FFB) SALE AGREEMENTS INDRAGIRI HULU DISTRICT","authors":"Yetti Yetti","doi":"10.30652/ml.v6i2.7870","DOIUrl":"https://doi.org/10.30652/ml.v6i2.7870","url":null,"abstract":"The problem is how is the monopoly potential in the sale and purchase agreement of coconut fresh fruit bunches (TBS) and how are efforts to overcome the monopoly potential in the sale and purchase agreement of oil palm fresh fruit bunches (FFB) in Batang Cenaku district. The research method is sociological law, with the research location namely Batu Papan Village, Batang Cenaku District, Kab. Indra Giri Hulu (Inhu). The aim of the study was to analyze the monopoly potential in the sale and purchase agreement of oil palm fresh fruit bunches (FFB) and efforts to overcome the monopoly potential in the sale and purchase agreement of oil palm fresh fruit bunches (FFB) in Batu Papan, Batang Cenaku District, Kab. Indra Giri Hulu (Inhu)The results of the research show that there is a potential for monopoly in the sale and purchase agreement of oil palm fresh fruit bunches (FFB) in Batang Cenaku sub-district, where delivery order (DO) holders are unable to compete with single DO holders as sales suppliers to PT Kharisma Agro Lestar (PT KAS) and PT KAS does not make farmers as partners and farmers' recommendations as a condition for establishing a company are obtained by engineering. Efforts to overcome the monopoly potential in the sale and purchase agreement for Fresh Fruit Bunches (FFB) at PT KAS are the issuance of Governor of Riau Regulations regarding partner arrangements and regulation of palm prices, Issuance of seed certification so that results can be competitive, creating an online information system in implementing palm oil purchases and maximizing institutional functions -institutions to further maximize the synergy of oil palm smallholders.","PeriodicalId":304890,"journal":{"name":"Melayunesia Law","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122355864","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Strength of Extraction of Decisions as Basis for Execution by Prosecutors Based on Supreme Court Circular Letter Number 1 of 2011","authors":"Hamiko Hamiko","doi":"10.30652/ml.v5i2.7798","DOIUrl":"https://doi.org/10.30652/ml.v5i2.7798","url":null,"abstract":"As a part of a criminal justice system, the prosecutor's office has the authority to implement court decisions against convicted convicts whose case has been terminated and there are no further legal remedies so that the decision has permanent legal force, which in the verdict contains punishment. The duties as executor of court decisions that are borne by prosecutors are regulated in article 1 point 1 of Law No. 16 of 2004 concerning the Prosecution that, \"Prosecutors are functional officials who are authorized by law to act as public prosecutors and enforce court decisions that have gained power. permanent law and other powers based on law ”. Article 270 of the Criminal Procedure Code also states that \"The prosecutor will continue to implement a court decision, for which the clerk will send a copy of the decision letter to him.\" Based on article 270 of the Criminal Procedure Code, which stipulates that the execution should be carried out by the prosecutor, after the clerk has sent a copy of the decision letter to him. In practice, the execution of decisions without showing a copy of the verdict often invites resistance from the convicted party. This study aims to determine the basis for the execution of the judge's decision by the prosecutor before and after the issuance of the Supreme Court Circular No. 1 of 2011, to determine the position and strength of the extracts of the decision as the basis for execution in the criminal justice system, to determine the efforts made by the prosecutor as executor of the judge's decision. which is legally binding in the future. This research is a type of normative legal research. The approach used by researchers is a normative juridical approach.","PeriodicalId":304890,"journal":{"name":"Melayunesia Law","volume":"71 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133916473","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Analysis of Article 69 of Law Number 8 of 2010 concerning Prevention and Eradication of the Crime of Money Laundering in the Perspective of Legal Certainty","authors":"Iwan Roy Charles","doi":"10.30652/ml.v6i1.7811","DOIUrl":"https://doi.org/10.30652/ml.v6i1.7811","url":null,"abstract":"The problem that has been an obstacle for the prosecutor's office to enforce money laundering offenses is the evidence which constitutes \"multiple and related offenses\", which means that the offense will not exist if there are no other offenses as the origin of the offense. Article 2 of Law Number 8 of 2010 has stated the types of predicated crimes in money laundering. The crime of money laundering is included in the qualification of a special crime, not a general crime. A general crime is a crime regulated in the Criminal Code (hereinafter abbreviated to the Criminal Code) and is an act of a general nature, Type ResearchThis research uses normative legal research. Researchers found The analysis of Article 69 of Law No. 8 of 2010 concerning the prevention and eradication of the crime of money laundering in the perspective of legal certainty is debatable because Article 69 does not need to have a proven main crime to prosecute and criminalize the perpetrators. Ideally, evidence in handling cases of money laundering in conducting investigations, prosecutions, and examinations in court is not required to prove the original crime.","PeriodicalId":304890,"journal":{"name":"Melayunesia Law","volume":"37 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130039643","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Legal Protection of Intellectual Property Rights (IPR): What is Urgency for the Business World?","authors":"Zulfikri Zulfikri","doi":"10.30652/ml.v6i1.7804","DOIUrl":"https://doi.org/10.30652/ml.v6i1.7804","url":null,"abstract":"Thought intellectual works produced by humans that require the sacrifice of energy, time, and cost in its creation. The existence of this sacrifice makes the work produced has economic value because of the benefits it enjoys. Based on this concept, it encourages the need for an appreciation for the work in the form of legal protection for Protection of Intellectual Property Rights (IPR). This paper aims to analyze the Legal Protection of IPR and Its Urgency for the Business World. This research uses a legal policy approach, namely an approach that is carried out by observing the laws and regulations related to the policy issues under study. The results of the research show that Intellectual Property Rights products are works born of creativity, initiative, and creative power, as well as high and creative intellectual abilities/the work of the brain, meaning and reasoning from the inventors, creators and designers. The results of intellectual creativity with such a deep process as mentioned above have a very high economic value. The results of these works are essentially the personal wealth of those who invented, created or designed.","PeriodicalId":304890,"journal":{"name":"Melayunesia Law","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132021866","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"LEGALITY ASPECTS OF SHARIA BANKING IN INDONESIA","authors":"Ibrahim Aziz","doi":"10.30652/ml.v6i1.7851","DOIUrl":"https://doi.org/10.30652/ml.v6i1.7851","url":null,"abstract":"Islamic banking in Indonesia has existed for a long time, namely within the 1980s whilst several Islamic activists performed research on Islamic economics who recommended Islamic banking, even working towards it on a limited scale, together with through Bait at-Tamwil Salman, Bandung. Extra intensive efforts had been made in the 1990s, which culminated in the IV countrywide Deliberation of the Indonesian Ulema Council (MUI) in Jakarta, 22-25 August 1990 which led to a mandate to form a working group for the status quo of Islamic Banking in Indonesia known as the MUI Banking group. The end result of this team’s work is what is normally referred to as the establishment of PT bank Muamalat Indonesia (BMI), November 1, 1999, with an initial capital of more than IDR 106 billion. Several years later, Islamic banks emerged which includes independent Islamic banks, BNI Syariah, Mega Syariah banks and so forth. The sharia banking regulation itself is urgently wished for numerous motives, namely: in step with Indonesia's national development dreams to attain the advent of a just and prosperous society primarily based on economic democracy, it's far necessary to broaden an economic gadget primarily based on justice, togetherness, fairness and advantage. Islamic banking is the handiest instinct that is most appropriate to translate the above country wide development goals into real existence.Keywords: Legality, Sharia Banking, Islamic economics","PeriodicalId":304890,"journal":{"name":"Melayunesia Law","volume":"82 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131745338","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Criminal Law Policy On Article 27 Section 2 Of Law Number 2 Of 2020 Concerning PolicyState Finance And The Stability Of The Financial System For Managing The Covid-19 Pandemic Associated With The Potential Of Corruption","authors":"Novri Ansyah","doi":"10.30652/ml.v6i1.7810","DOIUrl":"https://doi.org/10.30652/ml.v6i1.7810","url":null,"abstract":"The assumption of immunity under the pretext of implementing Perppu Number 1 of 2020 arises because clearly Article 27 paragraph (2) of the Perppu states that KSSK Members, KSSK Secretaries, KSSK secretariat members, and officials or employees of the Ministry of Finance, Bank Indonesia, the Financial Services Authority, and The Deposit Insurance Corporation, and other officials, related to the implementation of this Government Regulation in Lieu of Law, cannot be prosecuted either civilly or criminally if carrying out their duties is based on good faith and in accordance with the provisions of laws and regulations. The research used is normative legal research, normative legal research is library law research conducted by examining library materials or secondary data. This study uses a research methodology on legal principles. The finding that the author found is that the Criminal Law Policy against Article 27 paragraph 2 of Law Number 2 of 2020 is linked to the potential for committing criminal acts of corruption, there is no doubt, this is proven by the many corruption cases that occurred at the time of the passage of Law Number 2 of 2020, precisely in Article 27 paragraph (2), which triggers the corruption of pandemic funds is a regulation that relatively gives flexibility to financial management officials. Law Number 2 of 2020 is the legal basis for disbursing funds to overcome the Covid-19 pandemic, providing extraordinary powers by making this Law an exception (lex specialis) from the regular legal regulations that have been in force so far. The findings that the authors found are the Criminal Law Policy against Article 27 paragraph 2 of Law Number 2 of 2020 which is linked to the potential for committing criminal acts of corruption, this is proven by the number of corruption cases that occurred at the time of the enactment of Law No. 2 of 2020, precisely in Article 27 paragraph (2), which triggers the corruption of pandemic funds is a regulation that relatively gives flexibility to financial management officials. Law Number 2 of 2020 is the legal basis for disbursing funds to overcome the Covid-19 pandemic, providing extraordinary powers by making this Law an exception (lex specialis) from the regular legal regulations that have been in force so far. The findings that the authors found are the Criminal Law Policy against Article 27 paragraph 2 of Law Number 2 of 2020 which is linked to the potential for committing criminal acts of corruption, this is proven by the many corruption cases that occurred at the time of the enactment of Law Number 2 of 2020, precisely in Article 27 paragraph (2), which triggers the corruption of pandemic funds is a regulation that relatively gives flexibility to financial management officials","PeriodicalId":304890,"journal":{"name":"Melayunesia Law","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116910114","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Indigenous Community Existence In Indonesia's Constitution","authors":"Zainul Akmal, Rika Lestari","doi":"10.30652/ml.v6i1.7814","DOIUrl":"https://doi.org/10.30652/ml.v6i1.7814","url":null,"abstract":"Law enforcers in their thoughts and behavior in enforcing the law improve the existence of indigenous peoples and their traditional rights. This can be proven by the process of law enforcement starting from the police, prosecutor's office to the court that gave bad decisions. This conceptual study aims so that everyone can understand the meaning of indigenous peoples, the existence of indigenous peoples in the Indonesian constitution, and recognize and respect the existence of indigenous peoples so that justice can be upheld for indigenous peoples. Based on the study it can be concluded that indigenous peoples are people who have territory, the government, law and citizens are independent and have existed since the Indonesian state was not yet formed and the existence of indigenous peoples in the Indonesian constitution has been recognized since Indonesia's independence until now whose regulations have been clearer than previous constitutions.","PeriodicalId":304890,"journal":{"name":"Melayunesia Law","volume":"43 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115214989","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Relevance Of Omnibus Law To The Harmonization Of Legislation In Indonesia","authors":"Zuhri Umar Ma’ruf, Lita Tyesta ALW","doi":"10.30652/ml.v6i1.7853","DOIUrl":"https://doi.org/10.30652/ml.v6i1.7853","url":null,"abstract":"The problem of overlapping laws and regulations in Indonesia has become a classic unresolved issue. The emergence of the Omnibus Law as a new method of drafting legislation in Indonesia is expected to be able to resolve these problems. However, the Constitutional Court (MK) has decided that the Job Creation Act which has been drafted using the Omnibus Law method is conditionally unconstitutional. This study aims to examine in depth the relevance of the Omnibus Law method to the harmonization of legislation in Indonesia and its relation to the Constitutional Court's decision on conditionally unconstitutional. The research method used in this research is normative juridical using secondary data. Based on the results of the study, it is known that the relevance of the Omnibus Law method to the harmonization of laws and regulations in Indonesia is the Omnibus Law method, which offers regulatory reforms that overlap each other even though Law No. 15 of 2019 has not included this concept but harmonization of laws and regulations needs to be done. to resolve conflicting laws and regulations. This method is expected to be able to solve the problems of effective and efficient laws and regulations. It is also necessary to provide a legal basis regarding the Omnibus Law so that these regulations run well and do not cause problems in law enforcement in Indonesia.","PeriodicalId":304890,"journal":{"name":"Melayunesia Law","volume":"52 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126800960","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Implementation of the Pekanbaru Sukaramai Plaza Management Agreement between PT. Makmur Papan Permata With Traders After a Fire Occurs","authors":"Niksen Purba","doi":"10.30652/ml.v5i2.7799","DOIUrl":"https://doi.org/10.30652/ml.v5i2.7799","url":null,"abstract":"The method used in this research is an empirical approach, where this method is a legal research method that functions to see the law in a real sense and examine how the law works in the community. Researchers found that there are no specific rules from the local government that oblige the parties to insure their respective obligations in accordance with the agreed contents, and if they are violated there will be strict sanctions. This can prevent conflicts that can harm many parties. So that if in the future an unexpected event (force majeure) occurs, the parties can lighten the burden. where this method is a legal research method that functions to see the law in a real sense and examine how the law works in the community. Researchers found that there are no specific rules from the local government that oblige the parties to insure their respective obligations in accordance with the agreed contents, and if they are violated there will be strict sanctions. This can prevent conflicts that can harm many parties. So that if in the future an unexpected event (force majeure) occurs, the parties can lighten the burden. where this method is a legal research method that functions to see the law in a real sense and examine how the law works in the community. Researchers found that there are no specific rules from the local government that oblige the parties to insure their respective obligations in accordance with the agreed contents, and if they are violated there will be strict sanctions. This can prevent conflicts that can harm many parties. So that if in the future an unexpected event (force majeure) occurs, the parties can lighten the burden. This can prevent conflicts that can harm many parties. So that if in the future an unexpected event (force majeure) occurs, the parties can lighten the burden. This can prevent conflicts that can harm many parties. So that if in the future an unexpected event (force majeure) occurs, the parties can lighten the Burden.","PeriodicalId":304890,"journal":{"name":"Melayunesia Law","volume":"49 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132057511","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}