AbstrakSalah satu macam kejahatan yang berkembang pesat dewasa ini adalah kejahatan yang dilakukan secara elektronik, atau yang dikenal sebagai kejahatan siber. Kejahatan ini beragam bentuknya. Kehadiran Undang undang Nomor 11 Tahun 2008 tentang Informasi dan Transaksi Elektronik telah mengatur mengenai perbuatan yang dilarang terkait dengan informasi dan transaksi elektronik. Masalah kekerasan yang terjadi melalui online secara fakta menimbulkan permasalahan bagi perempuan. Masalah pencegahan kekerasan terhadap perempuan dalam dimensi kejahatan siber harus didesiminasikan kepada setiap orang, terlebih khusus kepada perempuan. Untuk itu setiap orang, khususnya dalam hal ini adalah perempuan, perlu untuk mendapatkan pemahaman pengetahuan yang baik tentang dampak kejahatan siber, dan potensi munculnya perempuan sebagai korban dari kejahatan tersebut, misalnya cyberstalking dan cyberpornography. Melalui pendidikan tersebut, diharapkan perempuan mendapatkan hak-haknya secara maksimal, khususnya yang terkait dengan hak memperoleh pendidikan dan kebebasan mengemukakan pendapatnya. Abstract One of the recent crimes which rapidly increase is crime which done through electronic means as known as cybercrime, in various forms. Law Number 11 of 2008 concerning Electronic Information and Transacation, as an exist law, prohibit criminal acts related with electronic information and transaction. In fact, violences through online medium is occuring problem for women. Therefor the prevention of the violence against women
Purpose This paper aims to explore the obstacles that the ethical guidelines of legal professionals pose in the implementation of an effective anti-money laundering regime, established in the law on anti-money laundering in Indonesia. Some compliance schemes have been developed to integrate the participation of gatekeepers in anti-money laundering efforts, but the solution to mitigate the challenges must be implemented through the participation of the legal profession. Design/methodology/approach The study uses a qualitative research methodology, including a triangulation of interviews with relevant experts, literature review and analysis of regulations. A deductive approach is employed to analyse the data. Findings The legal profession’s ethical regulations and laws were considered to be the cause for the Indonesian Government’s inability to implement the anti-money laundering regime. The findings show two practical solutions that could be implemented: A government policy for the amendment of the anti-money laundering law and organizational policy to increase support for the anti-money laundering regime; and active participation of legal professionals in an effective anti-money laundering regime in Indonesia. Originality/value This study provides insight into the participation of the legal profession in anti-money laundering efforts.
Criminal activities related to the use of the internet (cyber crime) are growing rapidly in Indonesia with various modes. This article aims to analyze one of the cases that has occurred regarding illegal access to fund transfers based on normative juridical methods. The action being studied was access to a mobile bank account using an inactive card to transfer funds. Based on this mode, two violations occurred in 2 (two) laws as well as Law Number 11 of 2008 concerning Information and Electronic Transactions and Law Number 3 of 2011 concerning Fund Transfers. The result of this research is that perpetrators with mobile banking account access mode by using an inactive card and transferring funds can fulfill the criminal elements according to the provisions of Article 30 paragraph (3) of Law Number 11 of 2008 concerning Electronic Information and Transactions, and can subject to criminal penalties according to Article 46 paragraph (3) of Law Number 11 of 2008 concerning Electronic Information and Transactions, and also fulfills criminal elements according to the criminal provisions of Article 81 of Law Number 3 of 2011 concerning Fund Transfers.
The use of information technology (IT) at present plays an important role and at last may beara new society namely the users of IT as a part of information and communication technologysociety. On the one hand, the development may provide the users with unlimited information.On the other hand, the IT may also be misused for crimes. In this condition, law should be ableto serv some protection for their users.
Money Laundering has become very sophisticated by technology assistance. Perpetrator is tending to use the help of technology to create easiness of doing crime. This condition is supported also by the activity of cash courier across the border which has been choosing as means to do money laundering. Some Conventions and / or multilateral agreements between countries have appointed the vulnerability of exploration of money laundering through cash courier. From research, it can be understood, the Convention just gives the guideline how to detect, but as long as it happens, there is no specific measurement how to recognize it directly. Since money laundering is proceed of crime. It needs an inspection and evaluation from the Authority and decides that the crime is money laundering. It is not a crime against Customs Law. Other conditions that increase possibility to support money laundering is the development of new products and payment systems. So many innovation conducted by technology creates new payments methods and products, such as bitcoin, litecoin, linden dollars, other cryptocurrency and other bearer negotiable instruments, could help offender to do money laundering. In the research, it was discovered that the crime is developing further rather than the law. Technology seems like taking place in the heart of the money launderer and robs the position of the law, even though Technology is never created for something bad. The research is a qualitative research that will analyze how the law can work together with technology to fight against money laundering. The hypothesis of this research is that law is having a good position as guidance of the development of technology, and technology is having a good role to trigger the readiness of law to develop. Thus money laundering will not be easy to "develop" when technology meets law.
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