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All Journal KEADILAN PROGRESIF Jurnal Pranata Hukum
Fathur Rachman
Universitas Sang Bumi Ruwa Jurai
Law, Crime, Criminology & Criminal Justice

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Upaya Penanggulangan Tindak Pidana Korupsi di Indonesia Fathur Rachman
KEADILAN PROGRESIF Vol 9, No 2 (2018): September
Publisher : Universitas Bandar Lampung (UBL)

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (227.635 KB)

Abstract

Corruption cannot be formulated in just one sentence which might be to make a reasonable picture of these symptoms so that we can separate them from other symptoms that are not corruption. The essence of corruption is the misuse of trust for personal interests. Brooks's formulation of corruption is "intentionally making mistakes or neglecting tasks that are known as obligations, or without the right to use power, with the aim of obtaining a little profit for him". the law that will be reviewed is related to what is the cause of corruption, and how to overcome it. Settlement of these problems by reviewing the regulatory provisions that apply in Indonesia. Corruption occurs due to abuse of authority and position held by officials or employees for personal interests in the name of personal or family, relatives and friends. One attempt to eradicate corruption is to give rights to community to get access to information. Need to establish a system where the community (including the media) is given the right to request all information relating to government policies that are related to the lives of many people.
TINJAUAN YURIDIS MODUS OPERANDING TINDAK PIDANA PENCUCIAN UANG (MONEY LAUNDERING) Fathur Rachman
PRANATA HUKUM Vol 14 No 1 (2019): Januari
Publisher : Law Faculty of Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/pranatahukum.v14i1.161

Abstract

ABSTRAK Money laundering is a hot or dirty money laundering practice (dirty money). This dirty money comes from illegitimate and illegal practices such as corruption, bribery, smuggling, as well as banking crimes and other unhealthy practices. To clean it, the money is placed in a bank or certain place for a while before being transferred to another place (layering), for example through the purchase of shares in the capital market, foreign exchange transfers or the purchase of an asset. After that, the offender will receive money that has been cleared from the washing field in the form of income derived from the purchase of shares, foreign exchange or assets (integration). The practice of money laudering that continues to occur along with the times and modernization provides the concept of thinking to examine the legal issue of the regulation being implemented, and how the modus operandi of the occurrence of a case. The stages and mode of occurrence of money laundering crime include: Placement, which is the first stage by placing (depositing) the illicit money into the financial system (financial system). Layering at this stage the washers try to break the money from the crime from the source, by transferring the money from one bank to another, up to several times. Integration, iniuang washed stages are brought back into circulation in the form of net income even as tax objects by using money that has become lawful for business activities. The perpetrator of money laundering as an organized crime, is carried out by a person who controls or has special knowledge in the world of financial service providers. Even they must master science in the field of computers. Money laundering in addition is very detrimental to society, also very detrimental to the State because it can influence or undermining national economic stability or State finances by increasing various crimes
Implementasi Nilai Pancasila Terhadap Hukuman Mati Tindak Pidana Narkotika Fathur Rachman
PRANATA HUKUM Vol 13 No 2 (2018): Juli
Publisher : Law Faculty of Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/pranatahukum.v13i2.169

Abstract

The proliferation of drug trafficking and use activities in Indonesia today, makes Indonesia a drug emergency. Narcotics is an extraordinary crime and needs special attention in its eradication efforts. Therefore great power is needed by using the toughest legal actions in which Indonesia has a death sentence. The purpose of capital punishment is to give a violent deterrent to drug offenders and as a warning to other communities not to commit these crimes. The issue examined in this paper is the suitability of Pancasila as the legal basis for the application of the death penalty, and the application of the death penalty to narcotics crime. The reality of capital punishment in Indonesia shows that the implementation of the judicial system is not good and the execution of the death penalty is always postponed so that it seems indecisive . In addition, the regulation of capital punishment also raises the debate between the ethical values of Pancasila and positive law (KUHP). It is undeniable that in the effort to implement such assertiveness sometimes experience obstacles both from within and outside the country. As well as various counter opinions regarding capital punishment that violate human rights . Even in Indonesia alone for those who contradict the death penalty, it is associated with violating the first precepts of Pancasila, where God is the ruler of the universe who has full provisions for the right to life and death. But Indonesia still applies the death penalty based on the positive law (KUHP).
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