Papers by Ariman Sitompul
Proceeding International Seminar of Islamic Studies, Feb 10, 2020
Money laundering is basically a further criminal act contained in one of the original criminal ac... more Money laundering is basically a further criminal act contained in one of the original criminal acts contained in Law No. 8 of 2010. In this case the origin of narcotics crime. The combination of these crimes involves assets, income, and assets disguised so that they can be used without being detected that the assets originated from illegal activities. Money laundering through income or assets originating from narcotics crime is an illegal activity that is converted into financial assets that appear to come from legitimate sources.The purpose of this study is to find out how the concept of Islamic economics combines the crime of money laundering with the origin of the narcotics crime, how to solve the problem.This study uses a qualitative approach using literature. Criminal research is very interesting because it combines two criminal acts of origin where these two criminal acts are not contained in the newspaper, interestingly investigated the combination of these crimes is an extraordinary crime both state and interstate. These crimes are crimes that are very damaging to the state, society because it can damage the nation's future and damage the national economy, especially the stability of state finances.This completely contradicts Tasyri 'purpose of preventing harm and creating benefits. The view of Islamic law towards combining such acts is part of an immoral act that leaves the commandments of Allah and does something that is prohibited.
Ibn al-Arabi lahir pada tahun 468 H. Beliau sanga gigih belajar di daerahnya. Belajar qiraat dan ... more Ibn al-Arabi lahir pada tahun 468 H. Beliau sanga gigih belajar di daerahnya. Belajar qiraat dan lainnya dengan para ulama setempat seperti Abu Abdullah bin Mandzur, Abu Muhammad bin Khazraj. Lalu setelah itu beliau pergi meninggalkan kampong halaman, belajar ke tempat lain di daerah Andalusia seperti di Qurtuba. Beliau belajar dengan beberapa ulama terkemuka seperti Abu Abdullah bin 'Itab, Abu Marwan bin Siraj, dan yang lainnya. Karena rajinnya beribadah, beliau diangkat oleh kaum Isybili untuk menduduki jabatan pemerintahan sebagai qadhi. Ketika masa jabatan berakhir, beliau pergi meninggalkan Isybili menuju Makkah untuk menunaikan ibadah haji bersama seorang putranya pada tahun 485 H. Setelah itu beliau melakukan perjalanan ke daerah-daerah lain berjumpa dengan para ulama terkemuka dan belajar dengan mereka.
This study was conducted with the aim to determine how the governing provisions related to psycho... more This study was conducted with the aim to determine how the governing provisions related to psychotropics and how the application of criminal sanctions for dealers, users and owners, users of psychotropics according to Law No. 5 of 1997. By using normative juridical research methods, it is concluded: 1. At first the provisions of the regulation of psychotropics in Law No. 5 of 1997 include: psychotropics Group I, Group II, Glongan III, and Group IV in accordance with the lapiran in legislation and after there is a new law regulating narcotics namely Law No. 35 of 2009, then psychotropics for Group I and Group II have already become a Narcotics Crime Group I. 2. The application of criminal sanctions in Law No. 5 of 1997 on psychotropics in accordance with Article 59 can be dropped the main crime, namely the main crime and additional crimes. The main crimes include imprisonment of 20 years, life imprisonment and death while additional crimes for additional crimes in the form of revocation of business licenses are imposed on corporations and foreigners in accordance with the qualifications of prohibited acts, namely, possession, carrying, circulating, using, psychotropic substances in receiving Alprazolam without a prescription, some important things that must be considered are ensuring strict documentation regarding patient demand and monitoring, ensuring the quality of care and treatment received by patients in accordance with quality standards, ensuring that patients understand their rights and responsibilities in receiving treatment, and protecting patients' rights from actions that are not in accordance with medical law and ethics. This is all aimed at ensuring legal protection for patients in the receipt of quality treatment and in accordance with applicable standards.
Justicia Islamica, Dec 30, 2022
In the banking world, the implementation of Cessie is generally due to Old creditors requiring fi... more In the banking world, the implementation of Cessie is generally due to Old creditors requiring financing so that the operational implementation of their business continues to run. In the provision of bank credit should be made in a written form, and the bank must have confidence in the ability and ability of the debtor customer obtained from the results of both internal and external assessments , capabilities, both capital,as well as collateral and business prospects of the debtor customer. The implementation of cessie according to Article 613 of the Civil Code is carried out on receivables on behalf of the old creditor, to the new creditor on the debt of the debtor by making a cessie deed, either an authentic deed or a deed under the hand with the obligation to be notified to the debtor or in writing approved and recognized by the debtor. With legal consequences receivables switch from the old creditor to the new creditor.
Substantive Justice International Journal of Law, Nov 11, 2022
Differences in the authority of investigators over money laundering crimes committed by members o... more Differences in the authority of investigators over money laundering crimes committed by members of the Indonesian National Armed Forces lead to disharmony of norms, thus creating polemics in the law enforcement process, especially in efforts to eradicate money laundering. Currently, there is an expansion of investigative competence based on the Decision of the Constitutional Court of the Republic of Indonesia, which states that predicate criminal investigators are officials or bodies authorized by laws and regulations to conduct investigations. Violations committed by members of the Indonesian National Armed Forces against the crime of money laundering should be under the jurisdiction of the Military Court. This study aims to determine the development and impact of legal policies related to members of the Indonesian National Armed Forces who commit criminal acts in the jurisdiction of the Military Court I-03 Padang. The analysis of this research uses a descriptive qualitative approach by using primary and secondary data. The results indicate that the competence of military courts is vulnerable to discontinuing the legal process of money laundering. Military courts should also be given the authority to try Indonesian National Armed Forces members who commit money laundering crimes. Investigation of The Crime of Money Laundering committed by members of the Indonesian National Armed Forces in the ius constituendum must be formulated more firmly in the Money Laundering Law. Thus, the Indonesian National Army members who violate the entered in categorization of General Crimes or non-military will be subject to the general justice system, and in the investigation carried out by investigators in the general court as described in the provisions in accordance with the limitative theory.
Sasi (Ambon), Oct 13, 2022
Enforcement and legal protection for sexual assault cases has focused on protecting the victims o... more Enforcement and legal protection for sexual assault cases has focused on protecting the victims of sexual assault law which consists of physical or psychological violence, retaliation, humiliation, and mistreatment of people who support victims of violence against women in particular. Where the focus of this tuilsan mebahas about the legal protection of victims of sexual violence in Indonesian criminal law and how the penultimate case of sexual violence. Purposes of the Research: The purpose of this study is to explain the concept Absentia trial by applying the return of State. Methods of the Research: The research method used is normative legal research with a statute legal approach and a conceptual approach. Results of the Research: Sexual violence itself becomes an urgency, given the rise of cases of sexual violence in Indonesia. By creating laws that protect victims of sexual violence, the resolution of sexual violence cases and the protection of victims of sexual violence cases can be executed well. So that the law in Indonesia can be implemented in accordance with its purpose, which is to protect all Indonesian people from crime cases.
European science review, 2021
International Asia Of Law and Money Laundering (IAML)
Money laundering can undermine the national economy because it is closely related to confidence o... more Money laundering can undermine the national economy because it is closely related to confidence of a person or another state in the policy of the state. Money laundering is usually done by mixing illicit money with legitimate money so that legitimate businesses will be less competitive with honest companies, undermine the integrity of financial markets because financial institutions (financial institutions) even those that rely on proceeds of crime can face liquidity dangers; resulting in loss of government control of a country's economic policy resulting lack of confidence of other countries in the policies of the country's government.So that in an effort to eradicate the money laundering and criminal acts such as corruption origin is a unity that can not be separated to combat the evidence system is not clear, not balanced proof techniques and mafia Justice.
International Journal of Research and Review
The result of this study is the application of the material criminal law against embezzlement in ... more The result of this study is the application of the material criminal law against embezzlement in the office is very important to consider the application of a firm and consistent criminal law, valid and convincing evidence, proportionate sanctions, and strict supervision of employees. The application of this law maintains public safety and prevents criminal acts from harming the public interest. Darkening is divided into ordinary and with weighting. The application of criminal law against embezzlement with weights requires elements such as the unlawful taking of objects belonging to another person in a more severe way. The aggravating elements of embezzlement are "employment relationship" and" ex officio". Article 374 of the Criminal Code does not provide for embezzlement from office, but in certain functions. Keywords: Criminal, Law, Application.
International Asia Of Law and Money Laundering (IAML)
The mechanism of transfer of rights in the lease agreement can be done with several stages, namel... more The mechanism of transfer of rights in the lease agreement can be done with several stages, namely: the transfer of rights to an object must be accompanied by the delivery of the object. Surrender in the process of handing over property rights cannot be done carelessly regardless of the law that regulates it. Deed of lease made by and before a notary. Settlement of disputes over the sale and purchase agreement of the ship can be done by: non-litigation dispute resolution i.e. settlement out of court by means of abritrase, negotiation, mediation, conciliation, expert assessment. Dispute resolution in court (litigation) is the process of dispute resolution in court all parties in dispute face each other to defend their rights in court by filing a civil lawsuit.. Based on decision number 231 / Pdt.G / 2020 / PN.Jkt.Utr legal protection provided that the parties can file a civil lawsuit to the court where the parties in dispute are PT.Indoraya Makmur Energi (Hamad Siri) as the plaintiff...
International Asia Of Law and Money Laundering (IAML)
Paradiqma democracy demands that every form of legislation and various decisions get the approval... more Paradiqma democracy demands that every form of legislation and various decisions get the approval of the people's representatives and as much as possible attention to the interests of the people. Although the authority to form a law is in the hands of the DPR together with the president and does not involve the sovereign holder, namely the people in the process of its formation, but currently the role of the people in influencing a policy to produce a law and to assess the implementation of a law cannot be underestimated. The research aims to provide immunity rights for members of Parliament/DPRD as public officials in terms of carrying out their duties and authorities. The research method used in this research is normative juridical law research by using the approach of legislation and doctrine applied to a legal problem and is prescriptive that is expected to be applied in society. The results of the study concluded that members of the DPR / DPRD in performing their duties and...
International Asia Of Law and Money Laundering (IAML)
In the implementation of State Life, the government is always required to promote public welfare.... more In the implementation of State Life, the government is always required to promote public welfare. Because there is no country that does not have a purpose and diverse purposes of that country. To carry out this obligation, the government has an obligation to provide the needs of the people in various forms in the form of goods, services and infrastructure development. on the other hand, the government also needs the goods and services in implementing the government, for that it is necessary to procure goods and services. Procurement of goods and services is essentially an effort by the user to obtain or realize the goods and services he wants by using certain methods and processes in order to achieve an agreement on price, time and other agreements. In order for the nature and essence of the procurement of goods and services can be carried out as well as possible, then both parties, namely the users and providers, must always be based on the philosophy of procurement of goods and se...
International Asia Of Law and Money Laundering (IAML)
The crime of theft is regulated in Article 362 of the Criminal Code (KUHP) which states that anyo... more The crime of theft is regulated in Article 362 of the Criminal Code (KUHP) which states that anyone who takes goods, wholly or partly belonging to another person, with the intention of possessing the goods against the law, shall be punished for stealing with imprisonment for a maximum of five years or a fine of as much as nine thousand rupiah, but in practice there is still a crime of oil palm theft in the rantau prapat area which is the city of dollar. The purpose of writing is to explain the causes of the crime of oil palm theft in the jurisdiction of rantau prapat, to explain the efforts to resolve oil palm theft in the jurisdiction of rantau prapat. Data obtained from the results of field research as well as data from the results of literature research, secondary Data is done by reading and analyzing legislation, books, and articles related to this research. Field research was conducted to obtain primary data through interviews with respondents and informants.analyzed using a qu...
International Asia Of Law and Money Laundering (IAML)
This study was conducted with the aim to determine how the governing provisions related to psycho... more This study was conducted with the aim to determine how the governing provisions related to psychotropics and how the application of criminal sanctions for dealers, users and owners, users of psychotropics according to Law No. 5 of 1997. By using normative juridical research methods, it is concluded: 1. At first the provisions of the regulation of psychotropics in Law No. 5 of 1997 include: psychotropics Group I, Group II, Glongan III, and Group IV in accordance with the lapiran in legislation and after there is a new law regulating narcotics namely Law No. 35 of 2009, then psychotropics for Group I and Group II have already become a Narcotics Crime Group I. 2. The application of criminal sanctions in Law No. 5 of 1997 on psychotropics in accordance with Article 59 can be dropped the main crime, namely the main crime and additional crimes. The main crimes include imprisonment of 20 years, life imprisonment and death while additional crimes for additional crimes in the form of revocat...
International Asia Of Law and Money Laundering (IAML)
The abuse of illegal drugs is a threat to the sovereignty of the nation and the state of drug era... more 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 Soci...
International Journal of Research and Review
The objectives of this research are to know how setup law on public procurement on goods/ service... more The objectives of this research are to know how setup law on public procurement on goods/ services, how the implementation of public procurement o and what are the barriers factors and alternative solutions in public procurement. The writing methods are normative and empirical methods. The result of this study has shown that Presidential Decree Number 16 Years 2018 as the legal arrangements for public procurement can be used as complete guidelines in the public procurement on goods/services; the implementation of the legal arrangements are not optimal yet; there is an overlap of job function and human resources competencies is not complied yet. The recommendation of this study are the implementation of Presidential Decree Number 16 Years 2018 will be effective since there is local regulations/Mayor Decree as a technical guidance to things that are still not regulated, so that the legal arrangements for the public procurement on goods/services can be used as complete guidelines in th...
International Asia Of Law and Money Laundering (IAML)
The implementation of omnibus law in Indonesia, between what ideally happens and what actually ha... more The implementation of omnibus law in Indonesia, between what ideally happens and what actually happens. When the omnibus law is expected to be a powerful solution to the complexity of regulation in Indonesia, the reality is transformed into a new field of problems that reap many negative responses from various circles of society. Omnibus law which is interpreted by the government and parliament as a progressive breakthrough to overcome multisectoral problems is interpreted differently by some circles of society and academia as a flawed law, both in formal and material terms. Although the existence of omnibus law is not a new item in legal theory, its existence still sounds foreign in the constitutional dialectic of Indonesia. Therefore, the purpose of this paper is to explore the nature of omnibus law and its implementation in Indonesia.
Legalpreneur Journal
In the banking world, the implementation of Cessie is generally due to Old creditors requiring fi... more In the banking world, the implementation of Cessie is generally due to Old creditors requiring financing so that the operational implementation of their business continues to run. In the provision of bank credit should be made in a written form, and the bank must have confidence in the ability and ability of the debtor customer obtained from the results of both internal and external assessments , capabilities, both capital,as well as collateral and business prospects of the debtor customer. The implementation of cessie according to Article 613 of the Civil Code is carried out on receivables on behalf of the old creditor, to the new creditor on the debt of the debtor by making a cessie deed, either an authentic deed or a deed under the hand with the obligation to be notified to the debtor or in writing approved and recognized by the debtor. With legal consequences receivables switch from the old creditor to the new creditor.
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Papers by Ariman Sitompul