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Results in Journal Jurnal Magister Hukum ARGUMENTUM: 15

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Victoria Linggoraharjo
Jurnal Magister Hukum ARGUMENTUM, Volume 7, pp 34-46; doi:10.24123/argu.v7i1.3013

Abstract:
Bank is a financial institution, which primary function includes collecting and granting deposits to the public based on fiduciary principle. The development of information technology has shifted financial products and services into electronic-based products and services, making money management easier than before. One of the electronic banking products, an ATM (Automatic Teller Machine) is operated by a financial institution, allowing customers to perform financial transactions. However, the information age shows that ATM skimming has become a rising threat. Skimming is a crime that occurs when skimmers install skimming devices on ATM machines in order to steal debit or credit card information. Skimming is done by surreptitiously installing a device at ATMs to record pin card data using magnetic strips. Therefore, the purpose of this study is to analyze which party is liable as a result of ATM skimming. The result of this study shows that BCA is liable for the loss caused to its customers due to unauthorized withdrawals, considering Article 1367 of the Indonesia Civil Code states that a financial institution is responsible for the damage caused by matters which are under its supervision, that is, an ATM machine. Skimming is a criminal act in the banking sector that not only contravenes Banking Law, but also Criminal Law and Information and Electronic Transactions Law. Therefore, skimmer or fraudster is subject to Article 263 jo. Article 362 of the Criminal Code and/ or Article 30 (3) jo. Article 46 of the Information and Electronic Transactions Law.
Dian Eka Safitri
Jurnal Magister Hukum ARGUMENTUM, Volume 7, pp 10-15; doi:10.24123/argu.v7i1.3014

Abstract:
Since its discovery by the United States Department of Defense in 1969, internet usage continues to increase throughout the world. This occurs because the internet provides convenience to the public to obtain information that is needed and covers all fields of life. However, it also creates a new problem, namely the emergence of online gambling crime. Based on online gambling practices, the process of disclosure and enforcement by law enforcers against perpetrators was also relatively difficult to do either in the process of inspection, investigation and prosecution. Therefore, deeply further study is needed concerning online gambling from the legal point of view. This paper discusses the mode of operation of online gambling, and the deposit system in cash or transfer. Obstacles that occur in the process of law enforcement will also be analyzed from four aspects, namely investigators, evidence, operational budgets and facilities. In addition, the scope of this study is a case in Makassar city.
Michael Saputra Prajugo
Jurnal Magister Hukum ARGUMENTUM, Volume 7, pp 27-33; doi:10.24123/argu.v7i1.3006

Abstract:
One sphere regulated by International Civil Law is international business contracts which contain foreign elements. The existence of foreign elements in international business contracts is followed by the emergence of the freedom of the parties to determine choice of law and/or choice of forum. Without the inclusion of choice of law and/or choice of forum clauses, problems will arise about which country’s law applies and which forum is authorized to resolve international business contract disputes. One important thing related to choice of law and/or choice of forum in international business contracts is the limitations toward them. The research question is what are the limitations toward choice of law and/or choice of forum in international business contracts?. The research method used is juridical normative with statute approach and conceptual approach as problem approaches. The result of the research explicates in general, the limitations toward choice of law and/or choice of the forum in international business contracts are the limitations determined in Article 1339 of the Civil Code namely not contrary to propriety, customs, laws, and applicable legal system in every country. The parties need to understand the limitations toward choice of law and/or choice of forum clauses in international business contracts and implement them when making choice of law and/or choice of forum clauses so these clauses are not null and void.
Arnazio Aulia Lesmana
Jurnal Magister Hukum ARGUMENTUM, Volume 7, pp 1-9; doi:10.24123/argu.v7i1.3008

Abstract:
This article is reviews the actions that pollute the river by means of disposing of waste without a waste processing is done in advance should be accountable for criminal, other causes have been heading for the judge's ruling that sentenced only 8 (eight) months against the accused and with a fine of Rp 1,000,000 (one million) which in my opinion in this case more appropriate defendant charged Article 69 paragraph (1) letter a Jo. Article 98 paragraph (1) of Law No. 32 of 2009 on the Protection and Environmental Management.
Franky Roberto Gomies
Jurnal Magister Hukum ARGUMENTUM, Volume 7, pp 16-26; doi:10.24123/argu.v7i1.3009

Abstract:
The purpose of this study is to determine the authority of a Notary Public in the period of parole in carrying out his position as a public official making an authentic deed and knowing the legal position of an authentic deed made by a Notary during the parole who performs the duties of a Notary Public. This type of research is normative juridical by using the statutory approach, conceptual approach and case approach. From the results of the study note: First, the position of notary public, besides being a public official as well as a public official, so a notary must always maintain his honor and dignity and have a good personality. When a notary public commits a criminal offense, the Notary Position Act will also impose administrative sanctions. Of the cases examined in this study, a notary was sentenced to a criminal sentence for drug abuse, returning to his position as a notary public to serve the public while undergoing a period of parole. This is due to the negligence of the notary Supervisory Council that has been formed in stages starting from the Regional Supervisory Council, Regional Supervisory Council and Central Supervisory Council, which does not carry out its duties, functions and obligations properly. The two acts of notary that have legally lost their authority but re-practiced and served the community are acts that are carried out without authority so that the deed they make does not have power as an authentic deed.
Edgar Hendarto
ARGUMENTUM Jurnal Magister Hukum, Volume 6; doi:10.24123/argu.v6i1.1858

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Bambang Ariyanto
ARGUMENTUM Jurnal Magister Hukum, Volume 6; doi:10.24123/argu.v6i1.1856

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Masyitha Shalatine Tewa
ARGUMENTUM Jurnal Magister Hukum, Volume 6; doi:10.24123/argu.v6i1.1851

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Anton Hendrik Samudra
ARGUMENTUM Jurnal Magister Hukum, Volume 6; doi:10.24123/argu.v6i1.1857

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Meliawati Meliawati
ARGUMENTUM Jurnal Magister Hukum, Volume 6; doi:10.24123/argu.v6i1.1861

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