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Financial Crime In Digital Payments Jamal Wiwoho; Dona Budi Kharisma; Dwi Tjahja K. Wardhono
Journal of Central Banking Law and Institutions Vol. 1 No. 1 (2022)
Publisher : Bank Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21098/jcli.v1i1.7

Abstract

Digital payments are proliferating along with a massive and rapid digital transformation. However, the characteristics of transactions using digital payments, which are real-time, not face-to-face, and borderless create potential risks for financial crimes, including, Money Laundering and Funding Terrorism. The potential for abuse occurs in the registered and licensed digital payments sector and illegal digital payments that are not registered with the Bank Indonesia. Undoubtedly, this condition can threaten economic stability and financial system integrity. This article seeks to identify the potential for digital payment use for financial crime and construct a legal framework to prevent the misuse of FinTech for financial crime in Indonesia. This type of research is legal research. The research method used was a statutory comparative approach. The legal materials used were primary and secondary legal materials. The findings have been analyzed using qualitative data analysis techniques. The results of the study show that several cases of terrorism financing have been proven to have used FinTech digital payments as a means of online funding. In this regard, to maintain the integrity of the financial system and strengthen the government’s control functions, a comprehensive legal framework is needed through the establishment of Law on FinTech.
ERADICATION OF AL JAMAAH AL ISLAMIYAH IN INDONESIA Bambang Waluyo; R. Narendra Jatna; Jamal Wiwoho
Yustisia Vol 6, No 1: April 2017
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v6i1.11494

Abstract

ABSTRACT This article aimed at investigating the implementation of suppression and eradication of terrorism and its organizational existence in Indonesia for the sake of humanity. Apart from the less perfect Law of Terrorism Eradication and no Law specially governing terrorism funding responsively, the law enforcers have successfully used the existing legislations to make Indonesia obey the UN Security Council’s Resolution Number 1267. The verdict against the cases of Zarkasih and Abu Dujana was the first verdict punishing the corporation in Indonesia, by stating that Al Jamaah Al Islamiyah is a forbidden corporation. It also proved the presence of terrorism funding for the first time. In addition, for the first time some assets were taken from Al Jamaah Al Islamiyah through fine of 10 million rupiahs imposed on JI’s administrators, Zarkasih and Abu Dujana respectively. This case handling also proved that law is dependent not only on the legislations but also on the law enforcers themselvesÂ