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Upaya Bank Indonesia Menanggulangi Money Laundering Dalam Perbankan Online Filep Wamafma; Enni Martha Sasea; Andi Marlina
JURNAL USM LAW REVIEW Vol 5, No 1 (2022): MEI
Publisher : Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/julr.v5i1.4741

Abstract

Money laundering is a crime that can result in significant losses for the state since it can impair the national economy or state finances through a variety of criminal behaviours, and it is also very harmful to community actions. This study intends to describe the government's efforts to combat money laundering in internet banking, specifically in the case of Bank Indonesia. This study uses normative legal research as an approach. The establishment of a Special Work Unit based on Bank Indonesia External Circular No. 11/31/DPNP of November 30, 2009, is the outcome of the implementation of the Money Laundering Law on the prevention of money laundering in the online banking system, according to the findings of the research. In addition, banks must also implement CDD and EDD policies. Customer Due Diligence (CDD) is a process by which the bank must identify, verify, and monitor transactions to ensure that they are in line with the customer's profile. Because there is a substantial danger of money laundering and terrorism funding in the bank's interaction with its customers, the bank must conduct an intensive CDD method called Enhanced Due Diligence (EDD). In the position as the executor of anti-tipping off, which means that in bank activities, especially in reporting suspicious financial transactions, the bank is obliged to keep the reporting information confidential to the customer concerned. An information management system that supports an effort to prevent money laundering crimes must be owned by banks to facilitate monitoring in order to analyze suspicious finances.Pencucian uang menjadi salah satu kejahatan yang dapat menimbulkan kerugian besar bagi negara karena dapat mengancam serta merugikan negara dengan meningkatnya berbagai tindakan ilegal, dan juga sangat merugikan masyarakat. Studi ini bertujuan untuk mendeskripsikan upaya pemerintah dalam hal ini adalah Bank Indonesia menanggulangi money laundering dalam perbankan online. Studi hukum normatif digunakan sebagai metode dalam studi ini. Berdasarkan studi yang telah dilakukan diperoleh hasil bahwa upaya Bank Indonesia terhadap penanggulangan tindak pidana money laundering dalam sistem perbankan online adalah dengan pembentukan suatu Unit Kerja Khusus berdasarkan “Surat Edaran Ekstern Bank Indonesia No.11/31/DPNP tanggal 30 Nopember 2009.” Selain itu bank juga harus menerapkan kebijakan CDD dan EDD. Customer Due Diligence (CDD) adalah proses dimana bank harus mengidentifikasi, memverifikasi, dan memantau transaksi untuk memastikan kesesuaiannya dengan profil nasabah. Karena adanya bahaya pencucian uang dan pendanaan terorisme yang cukup besar dalam interaksi bank dengan nasabahnya, bank harus melakukan metode CDD intensif yang disebut Enhanced Due Diligence (EDD). Dalam kedudukannya sebagai pelaksana anti tipping off, yang artinya dalam kegiatan bank khususnya dalam pelaporan transaksi keuangan mencurigakan, bank wajib merahasiakan keterangan pelaporan terhadap nasabah yang bersangkutan. Sistem manajemen informasi yang turut mendukung sebagai upaya penanggulangan tindak pidana pencucian uang harus dimiliki oleh perbankan sebagai sarana kemudahan dalam memantau dan menganalisis keuangan yang mancurigakan.  
Implementation of Manokwari Regency DPRD Duties Regarding Supervision of Regional Government Performance Based on Law Number 23 of 2014 concerning Regional Government Irfan Christianto; Filep Wamafma; Atang Suryana
Ilomata International Journal of Social Science Vol 4 No 4 (2023): October 2023
Publisher : Yayasan Ilomata

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52728/ijss.v4i4.899

Abstract

Law no. 23 of 2014 concerning Regional Government provides a legal basis for the Regional People's Representative Council (DPRD) in supervising the performance of regional government. The Manokwari DPRD, as one of the legislative institutions at the regional level, has an important role in carrying out this supervisory task. This research aims to examine the implementation of the Manokwari DPRD's duties in monitoring regional government performance based on Law no. 23 of 2014. The research method used is descriptive analysis with a qualitative approach. Data was obtained through interviews with members of the Manokwari DPRD, document analysis, and direct observation of the Manokwari DPRD's work processes related to monitoring regional government performance. The research results show that the Manokwari DPRD has carried out its supervisory duties in accordance with the provisions of Law no. 23 of 2014. They supervise regional government performance through a number of mechanisms, such as commission meetings, plenary meetings, and examination of regional heads' accountability reports. They also play an active role in monitoring the use of regional budgets and evaluating regional government programs. However, there are several challenges in carrying out the supervisory duties of the Manokwari DPRD. One of them is limited resources, both in terms of manpower and budget. Apart from that, sometimes there are political obstacles that affect the independence of the DPRD in carrying out its supervisory function. Some DPRD members also face obstacles in accessing information needed for supervision. In the context of monitoring regional government performance, the Manokwari DPRD has great potential to increase accountability and transparency of regional government. To overcome the challenges faced, efforts are needed to strengthen the capacity of DPRD members, increase budget allocations, and ensure DPRD independence in carrying out supervisory duties. Apart from that, good cooperation between the DPRD and regional governments in providing access to the necessary information is also important. In conclusion, the implementation of the Manokwari DPRD's duties in monitoring regional government performance is based on Law no. 23 of 2014 has been running well, although there are still several challenges that need to be overcome. With the right efforts, the Manokwari DPRD can play a more effective role in increasing accountability and transparency of local government and improving the quality of public services for the people of Manokwari.
Bibliometric Insights into Global Efforts in Protecting Children's Rights Syamsu Rijal; Filep Wamafma
The Easta Journal Law and Human Rights Vol. 2 No. 03 (2024): The Easta Journal Law and Human Rights (ESLHR)
Publisher : Eastasouth Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/eslhr.v2i03.282

Abstract

This bibliometric study provides an in-depth analysis of the research landscape in children's rights over the past three decades, utilizing a variety of visualization tools to map out author collaborations, thematic clusters, research trends, and potential areas for future exploration. Through the analysis of key publication databases, this paper identifies robust networks of collaboration among authors and highlights predominant thematic areas such as child protection, legal frameworks, and the impacts of global health policies on children. The temporal analysis reveals a noticeable shift in research focus, from traditional protection measures to more contemporary issues such as digital safety and global policy initiatives. Furthermore, areas with less research concentration, including the integration of sports in rights promotion and the implications of digital advancements on children, are identified as potential opportunities for future studies. This study underscores the dynamic nature of children's rights research and its evolution in response to both enduring and emerging challenges affecting children globally.
Breach of Contract in the View of Islamic law: A Case Study on the Partnership Agreements of Mini BRI-link Wamafma, Filep; Martha Sasea, Enni
DIKTUM: Jurnal Syariah dan Hukum Vol 21 No 1 (2023): DIKTUM: Jurnal Syariah dan Hukum
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri (IAIN) Parepare

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35905/diktum.v21i1.5106

Abstract

As a banking industry, BRI has several financial services and products whose role is to satisfy the community's needs. Services and products provided by BRI include EDC Merchant machines, ATMs, E-Bangking, sales of third party products, such as Telkom products, PLN, credit cards and EDC mini BRI ATMs or BRILink Mobile. It is undeniable that sometimes there are some problems in the field such as defaults. Default is a form of negligence committed by one party that results in losses to the other party. This will be reviewed from Islamic Law using qualitative research methods with the research location located in Manokwari Regency, namely at the Manokwari Branch of the BRI Bank office (BRILink Section). In Indonesia itself, DSN-MUI Fatwa No. 17/DSN-MUI/IX/2000 states that fines for consumers who are competent but unwilling to pay their debts are contained in the category of ta'zir that is allowed. As long as the status of the property is in the Yad Trust, the debtor is not obliged to compensate it for foreign causes
The Arrangement of Investment Policy for the Protection of Indigenous People’s Rights Wamafma, Filep; Moenta, Andi Pangerang; Patittingi, Farida; Ruslan, Achmad
Hasanuddin Law Review VOLUME 5 ISSUE 2, AUGUST 2019
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (523.253 KB) | DOI: 10.20956/halrev.v5i2.2403

Abstract

The investment law policies have a positive influence on the interests and welfare of all Indonesian people. However, many legal problems arise due to overlapping regulations both at the central and regional government levels, and also in term of the implementation of decentralization. The results show that the arrangement of investment policy in West Papua against the recognition and respect for Papua indigenous people's rights are still limited to universal policies. Nationally, the policy has not clearly revealed how the form of recognition and respect for the rights of indigenous peoples and/or Papuan indigenous peoples rights related to the presence of investments in West Papua. On a regional scale, the provincial government policy in the form of regional regulations, only covers the scope of investment in West Papua, but does not fully explain how the form of recognition and respect for Papua indigenous peoples related to investment. Hence, related with the alignment of Papua indigenous people's rights in the field of ideal investment arrangements in West Papua was began with the concept of Bottom-up Development Planning, by involving indigenous peoples as a whole. This concept is based on the Optimum Suitable Yield (OSY) where the amount of natural resources that can be exploited must be based on calculations from various perspectives such as biology, economics, and even socio-political perspectives.
The Role of Civil Law in Land Acquisition for Infrastructure Development Under Decentralization Wam, Sopince; Wamafma, Filep; Sassan, Jonhi
Legalis : Journal of Law Review Vol. 2 No. 3 (2024): July
Publisher : Indonesian Scientific Publication

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61978/legalis.v2i3.270

Abstract

This research explores the legal protection of consumers in electronic transactions in the digital era with a focus on the balance between consumer rights and obligations and the role of artificial intelligence (AI) technology. The main issue discussed is the legal protection of consumers in electronic transactions in the digital era. The research uses a qualitative approach with literature studies from relevant sources such as books, journals, and legal documents. The research found that AI can enhance consumer protection through applications such as chatbots and smart logistics, although there are challenges related to privacy and transparency.  The implications of these findings suggest the need for proper regulation in the application of AI to protect consumers.
Regulasi Konten Online dan Dampaknya terhadap Hak Kebebasan Berbicara di Platform Digital di Indonesia Khulaili Harsya, Rabith Madah; Wamafma, Filep; Sakmaf, Marius Supriyanto; Triyantoro, Andri
Sanskara Hukum dan HAM Vol. 3 No. 01 (2024): Sanskara Hukum dan HAM (SHH)
Publisher : Eastasouth Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/shh.v3i01.446

Abstract

This study examines the regulation of online content and its impact on the right to freedom of speech on digital platforms in Indonesia, utilizing a juridical normative analysis. With the rapid growth of digital platforms, concerns over the balance between regulating harmful content and safeguarding free expression have intensified. The research explores the legal frameworks governing online content in Indonesia, analyzing how these regulations align with constitutional guarantees of freedom of speech. The findings reveal significant tensions between state interests in maintaining public order and individual rights to free expression, highlighting the potential for regulatory overreach and the chilling effect on public discourse. The study underscores the need for a more balanced approach to content regulation, advocating for clearer legal guidelines and independent oversight to ensure that regulations do not undermine democratic principles. This research contributes to the ongoing debate on the legal and ethical dimensions of content regulation in the digital age, offering insights for policymakers, legal practitioners, and digital platform operators.