2015
http://repository.president.ac.id/xmlui/handle/123456789/1247
2024-03-28T12:19:19ZTHE PRINCIPLE OF MONEY LAUNDERING INVESTIGATORS OF POLDA METRO JAYA IN DETERMINING PASSIVE MONEY LAUNDERING
http://repository.president.ac.id/xmlui/handle/123456789/1544
THE PRINCIPLE OF MONEY LAUNDERING INVESTIGATORS OF POLDA METRO JAYA IN DETERMINING PASSIVE MONEY LAUNDERING
Panjaitan, Mutiara Grace Claudia
Money laundering is transactional organized crime that impact negatively for global economy that can be divided into two types; active and passive money laundering. Therefore the prevention and eradication of money laundering is important to conduct. Investigation is one of law enforcement activities against money laundering in sustaining its prevention and eradication. In Indonesia, the law enforcement against passive money laundering is relatively poor because the difficulties in substantiating the subjective elements of passive money laundering. Therefore the Author conducted a research regarding the principle of investigators in determining passive money laundering to know how the investigators overcome the substantiation obstacle in reaching out passive money laundering perpetrators. The research method used by the Author is social-legal approach with statutory and social approach. From the research conducted in Polda Metro Jaya, the author find out that in determining passive money laundering, the investigators used follow the money principle to substantiate subjective elements of money laundering. By using the financial transaction data that has been analyzed by PPATK as direction of investigation, the investigators in Polda Metro Jaya can substantiate that the wealth received by the suspect is known or reasonably suspected as the proceeds of crime.
2015-01-01T00:00:00ZTHE INTERPRETATION OF ADMINISTRATIVE COURT IN IMPLEMENTING TRANSPARENCY AND PARTICIPATORY PRINCIPLES IN THE APPOINTMENT OF THE CONSTITUTIONAL COURT JUSTICE BY PRESIDENT
http://repository.president.ac.id/xmlui/handle/123456789/1543
THE INTERPRETATION OF ADMINISTRATIVE COURT IN IMPLEMENTING TRANSPARENCY AND PARTICIPATORY PRINCIPLES IN THE APPOINTMENT OF THE CONSTITUTIONAL COURT JUSTICE BY PRESIDENT
Septhiany, Herti
The selection process of the constitutional court justice is must be implemented base on transparency and participatory principles. Transparency is a principle that gives an obligation for government to open in gives all of informations about the administrative decision in the appointment of the constitutional court justice. On the other hand the meaning of participatory is the process of society to participates, gives their input, suggestion and opinion about the selection of the constitutional court justice. Because of the reason that President was not implemented transparency and participatory principles in the appointment of constitutional court justice which stated in the Presidential Decree Number 87/P Year 2013 so Yayasan Lembaga Bantuan Hukum Indonesia (YLBHI) and Indonesia Corruption Watch (ICW) was submitted the lawsuit to Administrative Court of Jakarta. In the verdict of Administrative Court of Jakarta, the justices were argued that Presidential Decree Number 87/P Year 2013 violated and was not implemented transparency and participatory principles. But between those verdicts in Administrative Court of Jakarta and High Court of Administrative of Jakarta, there was different interpretation about legal standing of plaintiff, that is the right of an organization to sue. Moreover there is no a system which regulates about the procedure of the appointment of the constitutional court justice.
2015-01-01T00:00:00ZLEGALITY AND TENURIAL SECURITY OF GIRIK IN REGULATION AND BUSINESS TRANSACTION
http://repository.president.ac.id/xmlui/handle/123456789/1542
LEGALITY AND TENURIAL SECURITY OF GIRIK IN REGULATION AND BUSINESS TRANSACTION
Markhaputri, Firstly
This thesis discusses how the legalityof GIRIK according to Law No. 5 Year 1960 about Basic of Agrarian Law (UUPA) and some other related regulations and jurisprudence. This thesis also discusses how GIRIK can be used in Business Transactions such as Sale and Purchasing Process and Mortgage Process. The method that used in this study was the Normative Research which means the author analyzed the discussion of this research by using the legal aspects based on regulation, legal literature, jurisprudence, and court decision. This thesis explained how GIRIK can be used in Business Transaction such Buy and Sell and Mortgage Process. At the end of this research, the author found that although the GIRIK recently not a legal evidence of land ownership, but GIRIK still used as the Foundation of Right and it can used as a tool for Business Transaction.
2015-01-01T00:00:00ZSTARVATION AS A METHOD OF WARFARE IN "YARMOUK CAMP" SIEGE IN SYRIA: A PERSPECTIVE OF INTERNATIONAL HUMANITARIAN LAW
http://repository.president.ac.id/xmlui/handle/123456789/1541
STARVATION AS A METHOD OF WARFARE IN "YARMOUK CAMP" SIEGE IN SYRIA: A PERSPECTIVE OF INTERNATIONAL HUMANITARIAN LAW
Bohari, Jazmi Adlan
In 2012, the Syrian Government besieged Yarmouk Camp during the Civil War to drive out rebellious forces. The Syrian Forces prohibit the entry of food, water, medical supplies, and other objects that are indispensable to people’s survival. Nearly 200 people died from starvation and untreatable wounds and diseases. It was only until early 2014; the siege was loosening for a bit, enough for food parcels from humanitarian relief organization to enter the area. Sick and wounded people were also allowed to receive medical treatment. The use of starvation as the method of war is prohibited under the Geneva Convention of 1949, specifically in article 54 (1) of the Addition Protocol I and article 14 of the Protocol II. However, its use under non-international armed conflict is not regulated in the Rome Statute, making it almost impossible to bring the case to ICC. Moreover, the current political climate of Syria makes it impossible to prosecute war criminals using its own criminal law, eliminating the choice of domestic court and hybrid court. Therefore, Ad Hoc Tribunal is the most possible court to prosecute war criminals responsible for intentional starvation as it can constitute intentional starvation as its jurisdiction by using customary laws of armed conflict. Ad Hoc Tribunal will face no problem to prosecute war criminals who are mostly consists of Syrian leaders, such as the president Bashar Al-Assad and other superiors and military commanders. Unfortunately, the Security Council will need to pass a resolution to establish ad hoc tribunals, which is almost impossible due to possible vetoes by Syrian allies, Russia and China. This research aims to discuss starvation under International Humanitarian Law and to provide solution of how war criminals responsible for starvation in Yarmouk can be brought to fair criminal justice which conforms to international standards. This research is a legal doctrinal study using statutory approach and case approach.
2015-01-01T00:00:00Z