IMPLEMENTATION OF PRINCIPLES IN IDENTIFYING SERVICE USERS REGARDING THE PREVENTION AND ERADICATION OF MONEY LAUNDERING OFFENSE

The implementation of principles of identifying service users and suspicious financial transaction report submission for profession aims to prevent money laundering offense by postponing transaction, blocking, investigating and temporarily suspending transaction which is carried out by PPATK (Financial Transaction Reporting and Analysis Center). The method used in this study was juridical normative or legal doctrinal research, which is a legal research using secondary data conducted by emphasizing and juridical aspects. Legal-normative research is a library research, which is a research on secondary data including private documents, books, and official documents issued by government. The normative approach emphasized juridical issues regarding the legal rules on money laundering offense. The result of the study of the implementation of the principles in identifying service users regarding the prevention and eradication of money laundering offense isidentifyingservice user while having a business relationship involving suspicious financial transaction related to money laundering offense. The informant questions the validity of information provided by the service user, which necessitate the implementation of the principle of identifying the service user in carrying out banking transaction. The factors promoting the occurrence of money laundering offense in various countries consist of 9 aspects, namely: globalization, technological advancement, banks’ strict secrecy policy, the possibility of saving using an alias or anonymous, the emergence of electronic money, the possibility of layering practice, the confidentiality of lawyer-client and accountant-client relationships, the government unseriousness in eradicating money laundering offense and the lack of money laundering criminalization

Implementasi Penundaan Pembayaran Cukai dengan Jaminan Excise Bond

Pajak merupakan kontribusi besar dalam pembiayaan negara berhubungan dengan pelaksanaan pembangunan nasional, karena berfungsi sebagai alat untuk melaksanakan kebijakan pemerintah dalam bidang ekonomi. Dalam pelaksanaannya jenis pajak negara dapat membantu pemasukan negara diantaranya adalah cukai. Karena cukai merupakan pajak negara dan penggunaannya dibebankan kepada pemakai dan atau pembeli yang bersifat selektif, mengingat pengenaannya berdasarkan sifat dan karakteristik obyek cukai.Menyimak Pasal 29 ayat (1) Undang Undang Nomor: 11 Tahun 1995 tentang Cukai, sebagaimana telah diubah dengan Undang Undang Nomor: 39 Tahun 2007, disebutkan “Barang Kena Cukai yang pelunasan cukainya dengan pelekatan pita cukai atau pembubuhan tanda pelunasan cukai lainnya hanya boleh ditawarkan, diserahkan, dijual atau disediakan untuk dijual setelah dikemas untuk penjualan eceran. Bea dan Cukai sebagai instansi berperan dalam mengelola dan mengontrol faktor-faktor industri dan perdagangan diharapkan dapat menerapkan aturan yang telah ditetapkan sesuai peraturan yang berlaku.Peredaran barang-barang yang dikenai cukai perlu diawasi dan dibatasi serta diberi Fasilitas oleh pemerintah. Fasilitas yang dapat dilakukan pemerintah dalam bidang cukai adalah penundaan pembayaran cukai yang dilakukan oleh importir dan pengusaha pabrik dengan menyerahkan jaminan, dalam bentuk jaminan tunai, jaminan bank (Bank garantie), atau jaminan dari Perusahaan asuransi yang ditunjuk pemerintah dengan menerbitkan Excise Bond (penjaminan/jaminan penundaan pembayaran pita cukai), agar dapat memperlancar dan mengembangkan usahanya. Dalam hal ini asuransi yang dapat mengeluarkan Excise Bond adalah asuransi yang ditunjuk pemerintah.Pemerintah melalui Kementerian Keuangan Republik Indonesia Direktorat Jenderal Bea dan Cukai Kantor Wilayah Jawa Tengah dan D.I.Yogyakarta Kantor Pengawasan dan Pelayanan Bea dan Cukai Tipe Madya Pabean Tanjung Emas Kota Semarang telah memberi Fasilitas terhadap Pabrik Rokok untuk melakukan penundaan pembayaran pita cukai melalui Asuransi dan atau melalui Bank. Dengan adanya Fasilitas tersebut dapat menambah pemasukan negara dari sektor pajak, yaitu pengusaha pabrik rokok dapat menunda pembayaran pita cukai rokok yang diambil dari bea dan cukai selama 2 (dua) bulan dengan jaminan Excise Bond dan atau Jaminan Bank (Bank garantie) tersebut

Simultaneous Regional Election Polemics in the Middle of the Covid-19 Pandemic

The purpose of this study is to determine the impact of the simultaneous regional elections in the midst of the Covid-19 pandemic and efforts or solutions to minimize the impact that will occur. The research method uses a normative juridical approach. Then analyzed qualitatively with descriptive analytical method. The conclusion of this study is that in order to maintain the health of democracy, legality and legitimacy of elected regional heads and to protect public health in the implementation of the 2020 Regional Elections in the middle of the Covid-19 Pandemic, it is necessary to anticipate the possible risks posed by all stakeholders. Election organizers must be able to convince the public that the 2020 simultaneous regional elections are safe from potential exposure to the Covid-19 virus. Furthermore, the existence of legal sanctions for violators of health protocols and election administrators are required to maintain their independence, balance, assertiveness, and responsiveness in efforts to mitigate the electoral crisis amid the Covid-19 pandemic

Coaching Process of Prisoners in Correctional Institution Class I Kedungpane Semarang Viewed From Act No 12 of 1995 on Concerning the Correctional Institution

The problem this study are: a) how the coaching process in prison inmates Class 1 Kedungpane Semarang in terms of Act No. 12 of 1995 on Correctional Institution? and b) whether a limiting factor in the implementation of prison inmate gave coaching in the Correctional Institution Class I Kedungpane Semarang? Researchers using normative juridical approach. The source and type of data in this study are primary data obtained from field studies with interviews at the Correctional Institution Class I Kedungpane Semarang. And secondary data obtained from the study of literature. Based on the results of the implementation study coaching in the penal system for prisoners gradually form has been going well, the first stage of the introduction of the orientation stage where inmates including receiving prisoners, registration inmates and temporary placement of prisoners, the introduction of a maximum of 1 month. The second stage of assimilation in the strict sense lasts from 1/3 to 1/2. The third stage is the stage of assimilation in a broader sense and has lived half of a criminal past. The fourth stage is the stage of integration with the community has undergone criminal or 2/3 of the time for at least 9 months. The obstacles that occur due to the lack of Correctional officer training, infrastructure is still lacking adequate. Addition of facilities are still related to education problem such as library books, any additional school, socializing with new science and training tools. Construction of shelter / blocks apart to make it more comfortable for them

Juridical Analysis of Application of Forgiveness (Rechterlijk Pardon) as a Basis of Judge Consideration in Deciding the Criminal

The formulation of the problem in this study are: How is the principle position Rechterlijk Pardon in the criminal system in Indonesia, how the principles are applied Rechterlijk Pardon in a criminal ruling Decision Number 241 / Pid.B / 2019 / PN.Mjl andHow the development / concept of the Rechterlijk Pardon principle in the renewal of the Indonesian criminal law that will come related to the draft criminal law on the monodualistic principle?This study uses a sociological juridical approach, with descriptive analytical research specifications. The data used in this study are secondary data obtained through library research and primary data obtained through field research which are then analyzed qualitatively using legal theory, the forgiveness agency theory, criminal justice system theory, and progressive legal theory. Based on the results of that study The position of the Rechterlijk Pardon Principle in the Criminal System in Indonesia is forgiveness is a form of forgiveness / deliverance from mistakes made. As a form of forgiveness, then with forgiveness, someone who is guilty is not sentenced or does not need to feel the punishment. Provisions such as this basically exist in conditional criminal conduct (voorwaardelijke veroordeling) regulated in Article 14a-14f of the Criminal Code. Conditional penalties are also referred to by part of the community with the term criminal trial or there is also termed as conditional punishment. Application of the Rechterlijk Pardon Principle in Criminal Verdicts Number 241 / Pid.B / 2019 / PN.Mjl it is applied later to act as the final safety valve in the criminal justice system if a case is not filtered at the prosecution and preliminary hearing judge stage. Development / Concept of the Rechterlijk Pardon Principle in the Future Renewal of Indonesian Criminal Laws Associated with the Draft Criminal Laws on the Monodualistic Principle are Forgiveness institution, is an important element to answer problems that cannot be accommodated with only 3 (three) types of decisions (free, loose, criminal funds)

Investigation Process Traffic Accident Offenders of Minors the Police Resort Kebumen

Often Traffic accidents occur in people's lives, even the culprit is Often a minor. This is due to lack of legal awareness and supervision from parents so that children are allowed to drive motorized vehicles before having a driver's license. As a knife of analysis, the theory of restorative justice and the theory of legal certainty are used. The results of the study Showed that the investigation process towards traffic accident underage perpetrators at the Kebumen Resort Police was in accordance with the provisions of the Criminal Procedure Code and Act Number 11 of 2012 concerning the Child Criminal Justice System. Factors causing traffic accidents with child offenders in the Kebumen Resort Police are dominated by human factors items, namely due to negative attitudes and behaviors of the Offender, Negligence (carelessness) in driving, lack of knowledge of the Offender in traffic and parents the perpetrators. Barriers to carrying out investigations into underage traffic accident perpetrators at the Kebumen Resort Police are suspects of fear during the examination even though they have been accompanied by parents and Bapas officers, the solution is by investigators to divert light questions along with the humor so as not to strain. In addition, It is also difficult, to ask permission from the school, Because if the permit is called by the police it will be a special note. Overcome The solution to this is to call there during school holidays. Barriers to carrying out investigations into underage traffic accident perpetrators at the Kebumen Resort Police are suspects of fear during the examination even though they have been accompanied by parents and Bapas officers, the solution is by investigators to divert light questions along with the humor so as not to strain. In addition, It is also difficult, to ask permission from the school, Because if the permit is called by the police it will be a special note. Overcome The solution to this is to call there during school holidays. Barriers to carrying out investigations into underage traffic accident perpetrators at the Kebumen Resort Police are suspects of fear during the examination even though they have been accompanied by parents and Bapas officers, the solution is by investigators to divert light questions along with the humor so as not to strain. In addition, It is also difficult, to ask permission from the school, Because if the permit is called by the police it will be a special note. Overcome The solution to this is to call there during school holidays

Dispute Over Double Certificate on the National Land Agency of Indramayu District

The purpose of this study was to: 1) Analyze the dispute resolution on dual certificates in the National Land Agency Indramayu district, 2) Barriers and Solutions Upon completion of Certificate Associate at the National Land Agency Indramayu district.The approach used in this paper is empirical sociological juridical with the help of primary data or empirical data as the main data. Sociological research empirical law is a legal research methods that identify and conceptualize law as a social institution rill and functional in a real life system. The data collection was obtained by interview and literature. The data were analyzed qualitatively normative.The research results are: 1). Settlement of disputes over double certificates in the National Land Agency Indramayu district that summons to the parties to the dispute to mediation. If mediation is not successful then the case was continued with the proceedings. The process of settlement is with the trial. Aspects that influence the judge determines the choice of action in the resolution of a dispute ie double certificate in terms of proof, because the facts and events as the principal case will be known judge from the evidence submitted by the parties to the dispute 2). Obstacles in solving the double certificate in Indramayu district that is party to the dispute does not come in mediation, data submitted on the land question is not clear, each party wants to win the case and the importance of their own interests. Solutions that can be done is the mediator to give some advice to the parties so that more can cooperate in following the legal process, so that the process can be completed justice and it takes a long time

Criminal Sanctions on Illegal Logging Crime in State Court of Semarang

The formulation of the problem discussed in this study were (1). How settings Criminal Law on Illegal logging?, (2). How Judges consideration in decisions on Illegal logging in State Court of Semarang?. (3). Are the constraints faced by the judge in deciding the case of Illegal logging?.This research used socio-juridical legal research, research data was taken by interview with the respondent judges handling crime of Illegal logging State Court of Semarang. This research use Qualitative analysis techniques.Conclusion of this study is illegal logging is a special crime and therefore their specific legislation governing of illegal logging, in Act No. 18 of 2013 on Combating And Preventing The Destruction Of Forests set of sanctions for Illegal logging in the form of punishment imprisonment for the perpetrators in the form of a sentence of imprisonment and fines, consideration of Judges in deciding the case of Illegal logging legally is appropriate that the elements are there that the perpetrator does not have a valid license from the clerk to do cutting trees in the forest area of Silayur, Judge obstacle in deciding the case of Illegal logging in the form of difficulties in distinguishing between illegal logging carried out by individuals and corporations, lack of special education for judges to handle crime of Illegal Loggin