International Asia Of Law and Money Laundering (IAML)
International Asia Of Law and Money Laundering (IAML) is an open access and peer-reviewed journal that aims to offer an international academic platform for cross-border legal research in multiple governance policies and civil rights law, particularly in developing and emerging countries. These may include but are not limited to various fields such as: civil law, criminal law, constitutional and administrative law, customary institution law, religious jurisprudence law, international regime law, legal pluralism governance, health law, economic law and some of the health and economic another section related to contemporary issues in legal, healt and economic scholarship.
Articles
57 Documents
<![CDATA[Critical Note The Authority Of TUN To The Cluster Of Government Administration Of Omnibus Law “Cipta Kerja” In Indonesia ]]>
<![CDATA[Muhammad Ansor Lubis]]>;
<![CDATA[Maswandi Maswandi]]>
<![CDATA[ International Asia Of Law and Money Laundering (IAML) Vol. 1 No. 2 (2022): International Asia Of Law and Money Laundering (IAML) ]]>
Publisher : <![CDATA[International Asia Of Law and Money Laundering ]]>
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DOI: 10.59712/iaml.v1i2.16
<![CDATA[In the concept of a state of law, everything must be done according to law, so that the government must submit to the law, not the law that must submit to the government, especially to the Mahakamh decision of the Constitution number 91/PUU-XVIII/2020 regarding the formal Uuck test that has broad consequences for the interests of the community, especially in testing the authority of TUN, such as the discretionary requirement that eliminates the “provisions in the legislation”, and changes in Article 53 of the Government Administration Law that releases the authority of TUN in testing the government's silence. The formulation of the problem in this paper is intended to provide a critical note and / or input for the improvement of the substance of UUCK to kewenagan Tun, especially in the cluster of Government Administration in Article 175 UUCK (changes to Law No. 30 year 2014 on Government Administration (ADPEM law)). Provisions that should be maintained or should be abolished. The research method used is normative jurisi research method. Normative research requires the approach of legislation (statute Approach) and conceptual approach. Data collection techniques used are through the study of documents and literature on secondary data in the form of primary, secondary and tertiary legal materials. The analysis used is descriptive. The conclusion in this paper is found that, first: Uuck's legal politics can be read as the spirit of the state in synchronizing, harmonizing, and eliminating sectoral egos; second: Uuck's provisions that must be maintained are Article 24 of the ADPEM law; third: the amendment to Article 53 of the ADPEM law on the “release “of the Administrative Court's authority in” testing " a government silence to be considered a positive fictitious decision is not necessary, because the Administrative Court's authority to test the government silence that is considered granted is important and vital]]>
<![CDATA[Legal Protection Of The Rights Of Children As Victims Of Copulation In The Perspective Of Victimology ]]>
<![CDATA[Novita Rahmaini Tumanggor]]>;
<![CDATA[Edy Warman]]>;
<![CDATA[Muhammad Hamdan]]>;
<![CDATA[Edy Ikhsan]]>
<![CDATA[ International Asia Of Law and Money Laundering (IAML) Vol. 1 No. 2 (2022): International Asia Of Law and Money Laundering (IAML) ]]>
Publisher : <![CDATA[International Asia Of Law and Money Laundering ]]>
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DOI: 10.59712/iaml.v1i2.17
<![CDATA[The results of the research conducted, it can be concluded as follows: First, the Book of the law of Criminal Law (PENAL code), in particular if it is done against children is regulated in Law Number 35 of 2014 concerning amendment to Law Number 23 Year 2002 About Child Protection as well as if committed against a person who is still included in the family relations regulated in Law Number 23 Year 2004 On the Elimination of Violence In the Household. Second, the Factors that cause the onset of criminal information against children, namely Internal Factors (psychological factors, biological factors and moral factors) and External Factors (socio-cultural factors, economic factors and the factor of the mass media). Third, the protection provided Law Number 35 Year 2014 which refers to Article 81 paragraph (2) by providing sanctions and penalties to the perpetrators of criminal acts of intercourse to the child and to the child is given the protection of which is entitled to rehabilitation from the government both physically and mentally, spiritually and socially, in addition to it its privacy required to be protected.]]>
<![CDATA[THE USE OF MEDIATION AS AN ALTERNATIVE DISPUTE RESOLUTION IN THE RESOLUTION OF INTELLECTUAL PROPERTY RIGHTS DISPUTES ]]>
<![CDATA[Sabela Gayo]]>
<![CDATA[ International Asia Of Law and Money Laundering (IAML) Vol. 1 No. 2 (2022): International Asia Of Law and Money Laundering (IAML) ]]>
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DOI: 10.59712/iaml.v1i2.18
<![CDATA[In the world of digitization where human ability in business has penetrated into the virtual world, the development of this business needs legal protection of intellectual property is growing very rapidly. Various forms of dispute resolution in the field of intellectual property are then present in supporting the creation of legal protection of intellectual property rights holders in Indonesia. The exclusive rights of these creators, inventors and designers are often abused without rights by others for personal gain. This journal aims to determine the arrangement of dispute resolution in the field of intellectual property and to determine the forms of mediation that can be chosen or used in the resolution of intellectual property disputes. The writing of this journal uses normative legal research methods. The results showed that the arrangement of dispute resolution in court was made by filing a civil lawsuit in the Commercial Court and conducting criminal prosecution in the General Court. Arbitration may also be chosen as a medium for resolving intellectual property disputes. In addition, negotiation, conciliation and mediation are some alternative forms of dispute resolution that can be chosen in the resolution of intellectual property disputes. The forms of mediation referred to here are voluntary mediation (out of court) and penal mediation in criminal charges.]]>
<![CDATA[EXECUTION OF DEATH PENALTY IN NARCOTICS CRIME IN THE PERSPECTIVE OF NATIONAL LAW IN INDONESIA ]]>
<![CDATA[Muhammad Nasir Sitompul]]>;
<![CDATA[Ariman Sitompul]]>
<![CDATA[ International Asia Of Law and Money Laundering (IAML) Vol. 1 No. 2 (2022): International Asia Of Law and Money Laundering (IAML) ]]>
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DOI: 10.59712/iaml.v1i2.19
<![CDATA[The abuse of illegal drugs is a threat to the sovereignty of the nation and the state of drug eradication requires the role of all parties to narrow the movement of drug dealers who are still trying to market the illicit goods in indonesia. The regulation on narcotics crime and death penalty is very important in regulating the law for the perpetrators of narcotics crime for the sake of national and state sovereignty.In Indonesia today, the imposition of criminal sanctions in the form of a death penalty by a judge for perpetrators of narcotics is one of the policies adopted in Law No. 35 of 2009 on narcotics and cannot be separated from the criminal law norms adopted by the criminal law so far, for example in Article 10 of the Criminal Code. Another thing in the other world is that there is a significant development of narcotics users by taking depenalization actions against users that aim to replace prison sanctions that are sometimes applied to other criminal sanctions such as Social Work sanctions. The research method used is juridical empirical meaning is to identify and conceptualize the law as a real and functional social institution in a patterned living system.]]>
<![CDATA[THREAT OF BANKRUPTCY DUE TO TERMINATION OF EMPLOYMENT DUE TO THE COVID-19 PANDEMIC ]]>
<![CDATA[Iskandar Muda Sipayung]]>
<![CDATA[ International Asia Of Law and Money Laundering (IAML) Vol. 1 No. 2 (2022): International Asia Of Law and Money Laundering (IAML) ]]>
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DOI: 10.59712/iaml.v1i2.20
<![CDATA[One of the consequences of the covid 19 pandemic is that many companies are forced to lay off their employees and make job cuts. The problem is whether the company is allowed to terminate the employment relationship on the grounds of Covid-19 and whether the company can be bankrupt because it is unable to carry out its obligations to its workers. The research method used is lying research using secondary data in the form of primary legal materials, secondary legal materials and tertiary legal materials. Research is normative juridical and the type of research is qualitative. Conclusion, the company can terminate the employment relationship during Covid-19 on the grounds of Overmacht, if the company can prove that due to the covid-19 pandemic it is no longer able to carry out its obligations towards workers/ laborers. Companies that are unable to fulfill their obligations to their workers can be declared bankrupt and the assets of the seized company are subsequently sold, auctioned for the payment of the rights of the workers who are prioritized for payment. Meaning is to identify and conceptualize the law as a real and functional social institution in a patterned living system]]>
<![CDATA[Rehabilitation And Execution Of The Death Penalty In Narcotics Offenses ]]>
<![CDATA[Tarmizi Tarmizi]]>;
<![CDATA[Sintong Marbun]]>
<![CDATA[ International Asia Of Law and Money Laundering (IAML) Vol. 1 No. 2 (2022): International Asia Of Law and Money Laundering (IAML) ]]>
Publisher : <![CDATA[International Asia Of Law and Money Laundering ]]>
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DOI: 10.59712/iaml.v1i2.22
<![CDATA[Drug abuse, namely drugs, is a threat to the sovereignty of the nation and the state of drug eradication requires the role of all parties to narrow the movement of drug dealers who are still trying to market these illegal goods in indonesia. The regulation on narcotics crime and death penalty is very important in regulating the law for perpetrators of narcotics crime for the benefit of the sovereignty of the nation and state.In Indonesia today, the imposition of criminal sanctions in the form of capital punishment by a judge for perpetrators of narcotics is one of the policies adopted in Law No. 35 of 2009 on narcotics and cannot be separated from the criminal law norms adopted by criminal law so far, for example in Article 10 of the Criminal Code. Another thing in other parts of the world there is a significant development of narcotics users by taking depenalization actions against users aimed at replacing prison sanctions which are sometimes applied other criminal sanctions such as Social Work sanctions. The research method used is empirical juridical meaning is to identify and conceptualize the law as a real and functional social institution in a patterned life system. Meaning is to identify and conceptualize the law as a real and functional social institution in a patterned living system.]]>
<![CDATA[Termination Of Employment Due To Company Bankruptcy During Covid 19 ]]>
<![CDATA[Suseno Diharja]]>
<![CDATA[ International Asia Of Law and Money Laundering (IAML) Vol. 1 No. 2 (2022): International Asia Of Law and Money Laundering (IAML) ]]>
Publisher : <![CDATA[International Asia Of Law and Money Laundering ]]>
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DOI: 10.59712/iaml.v1i2.23
<![CDATA[One of the consequences of the covid 19 pandemic is that many companies are forced to lay off their employees and terminate their employment. The issue is whether the company is allowed to terminate the employment relationship due to Covid-19 and whether the company can be prosecuted for not being able to carry out its obligations to its workers. The research method used is lie research by using secondary data in the form of primary legal materials, secondary legal materials and tertiary legal materials. Research is normative juridical and qualitative type of research adalan. In conclusion, the company can terminate the employment relationship during Covid-19 on the grounds of Overmacht, if the company can prove due to the Covid-19 pandemic that it is no longer able to carry out its obligations to workers/ laborers. Companies that are unable to fulfill their obligations to their workers can be declared bankrupt and the seized assets of the company are subsequently sold, auctioned for payment of the rights of workers who are prioritized for payment.]]>
<![CDATA[Consumer Dispute Resolution By BPSK In Protecting Consumer Rights ]]>
<![CDATA[Abdul Samad]]>
<![CDATA[ International Asia Of Law and Money Laundering (IAML) Vol. 1 No. 2 (2022): International Asia Of Law and Money Laundering (IAML) ]]>
Publisher : <![CDATA[International Asia Of Law and Money Laundering ]]>
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DOI: 10.59712/iaml.v1i2.24
<![CDATA[In Law No. 8 of 1999 on Consumer Protection which aims to protect the rights of consumers. The Consumer Dispute Resolution agency (BPSK) is an alternative dispute resolution institution whose existence is to resolve consumer dispute problems. In Medan City as an urban area with the majority of urban communities, there is a potential for Consumer Dispute problems. BPSK established in the region of Regency/city in Indonesia based on the mandate of Law No. 8 of 1999 on Consumer Protection. Then strengthened by Government Regulation No. 58 of 2001 on guidance and supervision of the implementation of Consumer Protection, Presidential Decree No.38 of 2012 on the establishment of the Dispute Resolution agency . This study aims to identify the position of BPSK in Medan dispute resolution system based on positive law applicable in Indonesia in its efforts to protect the rights of consumers in the city of Medan and its challenges.]]>
<![CDATA[Restorative Justice In Handling Cases Of Children As Perpetrators Of Criminal Acts ]]>
<![CDATA[Alexander Hutagalung]]>
<![CDATA[ International Asia Of Law and Money Laundering (IAML) Vol. 1 No. 2 (2022): International Asia Of Law and Money Laundering (IAML) ]]>
Publisher : <![CDATA[International Asia Of Law and Money Laundering ]]>
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DOI: 10.59712/iaml.v1i2.25
<![CDATA[This writing aims to see and understand about the perpetrators of crimes or criminal acts that can be convicted. Then also want to see how important it is regarding a child who commits a crime or a criminal offense is solved through jusrtice restorative approach. The normative juridical research method through the approach of library studies by collecting secondary data. After the data is collected, the data is processed and analyzed so that conclusions can be drawn from the questions posed in the formulation of the problem. The results showed that those included in the perpetrators of criminal acts are those who do, instruct, advocate and participate. Besides, there are also those who give promises, opportunities, facilities and information. In terms of the importance of a child committing a crime or criminal act being resolved through jusrtice's restorative approach, this is the best alternative that can be done. With this concept, it is expected that all parties can jointly solve the problem by involving victims, perpetrators, including families.]]>
<![CDATA[Legal Analysis Of Interbank Business Competition In Lending ]]>
<![CDATA[Marpol Marpol]]>;
<![CDATA[Erinaldo Erinaldo]]>
<![CDATA[ International Asia Of Law and Money Laundering (IAML) Vol. 1 No. 2 (2022): International Asia Of Law and Money Laundering (IAML) ]]>
Publisher : <![CDATA[International Asia Of Law and Money Laundering ]]>
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DOI: 10.59712/iaml.v1i2.26
<![CDATA[Competition between banks, especially in lending between commercial banks and BPRS can cause unfair business competition, given the ability of commercial banks to capitalize far above the BPRS, which has an impact on losses for BPRS. Business competition can not be avoided both commercial banks and commercial banks and commercial banks with Rural Banks. The problem of business competition between banks can occur due to problems of location, product, type of business and market share. This study focuses on the problems of what is the cause of the emergence of business competition. The research method in this paper is used empirical juridical approach and supported normative juridical research. The results of this study indicate that things that can cause unfair business competition between banks can be caused due to differences in interest rates, bank products and services and bank office network while business competition between BPR and commercial banks occurs in the type of credit distributed to MSMEs and Commercial Bank expansion by opening a branch office in the operational area of BPR on the outskirts of the city is unfair business competition the solution with Law No. 5 of 1999 aims, among others, to realize a conducive climate for healthy business competition arrangements so as to ensure the certainty of equal business opportunities for large businesses, medium businesses and small businesses.]]>
