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Comparative Study of Criminal Liability of Offenders Committing Fraud and Money Laundering Together as Continuing Actions Faedonajokho Sarumaha; Selamat Lumban Gaol; Sujono
International Journal of Science and Society Vol 5 No 1 (2023): International Journal of Science and Society (IJSOC)
Publisher : GoAcademica Research & Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54783/ijsoc.v5i1.729

Abstract

The rapid progress in all areas of life including economic, financial, trade, banking and social developments has brought certain legal implications for Indonesia. Law plays an important role in human life, legal ties connect humans with other humans and connect humans with the objects around them. This type of research is normative legal research, namely legal research conducted by examining literature or secondary data which is also known as doctrinal research. The legal research approach is the statutory approach, case approach, conceptual approach. The statutory approach by examining all laws and regulations that are related to criminal issues of additional restitution for victims of criminal acts. First Anugerah Karya Wisata (First Travel). Furthermore, in the Decision of the Makasar District Court Number 1235/Pid.B/2018/PN.MKS in the case of money laundering and embezzlement, the regulation of criminal acts of jointly committing fraud and money laundering as continuing actions in criminal law in Indonesia is regulated by Article 3 Jo. Article 4 Law Number 8 of 2010 concerning Prevention and Eradication of Money Laundering Crimes (UU PP-TPPU). While the laws and regulations governing criminal acts of fraud are regulated in Article 378 of the Criminal Code.
Comparative Study of Electronic Transaction Criminal Liability and Money Laundering in Binary Option Electronic Trading Transactions Diah Prasetyowati; Selamat Lumban Gaol; Sujono
International Journal of Science and Society Vol 5 No 1 (2023): International Journal of Science and Society (IJSOC)
Publisher : GoAcademica Research & Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54783/ijsoc.v5i1.730

Abstract

Industry 4.0 or the fourth industrial revolution is a general term used for the level of development of the technology industry in the world. Industry 4.0 describes the growing trend towards automation and data exchange in technology and processes in the manufacturing industry. These trends include the Internet of Things, Industrial Internet of Things, cyber physical systems, artificial intelligence, smart factories, cloud computing systems, and so on. In research for writing this thesis the author uses normative legal research methods (normative juridical) or often also referred to as library research. The provisions of legislation in Indonesia that regulate prohibited acts that become criminal acts of electronic transactions are regulated in Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions, namely in Articles 27 to Article 37 of the ITE Law Regulations on electronic transaction crimes and money laundering in electronic trading transactions in Indonesian criminal law regulated in Article 27 to Article 37 of Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions. Meanwhile, the laws and regulations governing the crime of money laundering are regulated in Article 3 Jo. Article 4 Law Number 8 of 2010 concerning Prevention and Eradication of Money Laundering Crimes (UU PP-TPPU).
Criminal Responsibility of Children Who Commit the Crime of Allowing, Ordering to Do or Participating in Violence Against Children Until Death Based on Indonesian Criminal Law Jufnidar; Niru Anita Sinaga; Sujono
International Journal of Science and Society Vol 5 No 1 (2023): International Journal of Science and Society (IJSOC)
Publisher : GoAcademica Research & Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54783/ijsoc.v5i1.731

Abstract

A criminal act is an act of a person of his own free will or of another person committed by him and this behavior is an act that is prohibited so that a criminal liability arises from the act itself. Any action against a child which results in physical, psychological, sexual misery or suffering and/or neglect, including threats to commit acts, coercion or deprivation of liberty by way of violation of the law is a criminal act of violence against children. A child who commits a crime permits, commits, orders to commit or participates in committing violence against children to the point of death must still be held responsible because it is impossible for a person to be held accountable and sentenced if he does not commit a crime. To be further investigated how to regulate the crime of children who commit, order to commit or participate in violence against children to death based on Indonesian criminal law and what is the criminal responsibility of children who commit criminal acts to allow, order to commit or participate in violence against children to death. The research method used in this research is normative legal research method. From the results of the research, it was found that the regulation of juvenile offenses allows, orders, or participates in violence against children to death in Article 76C in conjunction with Article 80 Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection and the criminal responsibility of children who commit crimes allowing, ordering to commit or participating in violence against children to death by serving a maximum of half of the maximum sentence of imprisonment for adults as stipulated in Article 81 paragraph (2) of Law Number 11 Years 2012 concerning the Juvenile Criminal Justice System. Clarifying the meaning of acts of violence in the Criminal Code, Legislation, Government Regulations, Permenkumham and the Government must establish legislation, government regulations, Permenkumham to be even more assertive in imposing sanctions on perpetrators of violence against children.