These 5 Acts Are Crimes in Indonesia

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By:

Team of Hukumindo

Previously, the Hukumindo.com platform has talk about "Bernie Madoff: The Story of the Biggest Ponzi Scheme Scam in History", "How to Open a Police Report in Indonesia?", "What's The Difference Between Police Report and Public Complaint?" you may read also "How To Report Online Scammer Or Fraud To The Police In Indonesia" and on this occasion we will discuss about 'These 5 Acts Are Crimes in Indonesia'.

When you visit another country either for a vacation or to do business, please keep your attitude in accordance with the laws in the destination state. Sometimes, the laws that apply in our country are different from the laws that apply in another country. The same applies when you visit Indonesia, an act may be allowed in your country but prohibited in Indonesia. Indonesia is an independent and sovereign country that has its own legal system. Here are 5 Acts which classified as a Crimes in Indonesia which may be allowed in your country.

Gambling

Macau and Las Vegas legalize gambling. Casinos employ 20 percent of the population in Macau. Locals rarely visit casinos to gamble and government employees are prohibited from gambling here. The majority of gamblers are from mainland China and Hong Kong. The Portuguese settled in Macau in the 16th century and the island was handed back to China in 1999.[1] Las Vegas is known as a city built on human sin. The city is known as the gambling center of the world. The practice of gambling operates 24 full hours throughout the city center. Tens or hundreds of millions of US dollars spin every second on the Las Vegas gambling table. They can suddenly get rich by gambling, or vice versa become poor.[2]

In Indonesia, gambling is a criminal act. Regulations related to gambling in Indonesia have been regulated in several articles, one of which regulates the gambling article, namely Article 303 bis Paragraph (1) of the Criminal Code, while the online gambling article is regulated in Article 27 Paragraph (2) of the ITE (Information and Electronic Transaction) Law No. 45 Paragraph (2) No.19 of 2016. 

Marijuana

The psychotropic substances in the plant (marijuana) are believed to be able to provide healing therapy for patients with nervous disorders, depression, autism, Parkinson's, to cancer. However, research on marijuana for medical needs is still being carried out. There are at least nine countries that have now legalized the use of marijuana for medical and recreational purposes, including these countries: Canada, Italy, Argentina, Australia, Mexico, Uruguay, South Africa, the Netherlands and Germany.[3]

Marijuana is a type of narcotics class I as stated in the List of Narcotics Category I number 8 Attachment to the Regulation of the Minister of Health Number 50 of 2018 concerning Changes in the Classification of Narcotics ("Permenkes 50/2018"). The act of possessing marijuana can be punished as stipulated in Article 112 of the Narcotics Law (Law No. 35 of 2009 concerning Narcotics and its amendments). A person who uses narcotics without rights or against the law can be punished based on Article 127 paragraph (1) letter 'a' of the Narcotics Law which states that any abuser of class I narcotics for oneself is sentenced to a maximum imprisonment of 4 (four) years.

Blasphemy

Freedom of expression, which is commonplace in other countries, does not apply absolutely in Indonesia, you should never make criticism that will drag you into religious blasphemy. The actions of critics such as those carried out by the French magazine Charlie Hebdo (often displays journalistic content in the form of caricatures including satirical jokes. This magazine often criticizes politics, culture and religion) are classified crimes of blasphemy in Indonesia.

Blasphemy is regulated in Article 156 of the Criminal Code, with a maximum imprisonment of four years. One of the famous cases of blasphemy in Indonesia is the case of Basuki Tjahaya Purnama/Ahok (Former Governor of Jakarta).

Pornography

You will not find magazines like Playboy, FHM, Maxim, or Pornhub website in Indonesia, because pornography in Indonesia is classified as a crime. 

Pornography has been regulated in several laws, including: a). the Criminal Code (“KUHP”); b). Law Number 11 of 2008 concerning Information and Electronic Transactions (“ITE Law”) as amended by Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Electronic Information and Transactions (“Law 19/ 2016”); and c). Law Number 44 of 2008 concerning Pornography (“Pornography Law”). 

Terrorism Financing

The intention of your heart is to donate to religious activities in Indonesia, but you have to be careful, don't let your actions be classified as financing terrorism. Based on Law no. 9 of 2013 concerning the Prevention and Eradication of Criminal Acts of Terrorism Financing (TPPT), Terrorism financing is the use of assets directly or indirectly for terrorist activities. You may conduct consultation to us first if you want to donate on the basis of religion in Indonesia. 

In Indonesia itself, the explanation of the financing of terrorism is explained in Law Number 9 of 2013 concerning the Prevention and Eradication of the Crime of Financing of Terrorism. It is stated that the financing of terrorism is any act in the context of providing, collecting, giving, or lending funds, either directly or indirectly, with the intention of being used and/or known to be used to carry out terrorist activities, terrorist organizations, or terrorists.[4]

And if you have difficulties with this topic, contact us, feel free in 24 hour, we will be happy to assist you. 

*) For further information please contact:

Mahmud Kusuma Advocate

Law Office

Jakarta - Indonesia.

E-mail: mahmudkusuma22@gmail.com

________________

References:

1. "8 Hal Menarik tentang Makau, Kota Judi Terbesar di Asia", www.cnnindonesia.com., Diakses pada tanggal 17 Maret 2022, https://www.cnnindonesia.com/gaya-hidup/20210618211451-269-656441/8-hal-menarik-tentang-makau-kota-judi-terbesar-di-asia

2. "Pusat Prostitusi hingga Bandar Judi, 5 Kota Ini Dijuluki Paling Berdosa di Dunia", kumparan.com., Diakses pada tanggal 17 Maret 2022, https://kumparan.com/kumparantravel/pusat-prostitusi-hingga-bandar-judi-5-kota-ini-dijuluki-paling-berdosa-di-dunia-1wMqj5lpdbW/3

3. "9 Negara yang Melegalkan Penggunaan Ganja", www.cnnindonesia.com., Diakses pada tanggal 17 Maret 2022, https://www.cnnindonesia.com/internasional/20211008023222-134-704943/9-negara-yang-melegalkan-penggunaan-ganja

4. "Pola Kejahatan Dalam Pendanaan Terorisme", www.ppatk.go.id., Diakses pada tanggal 17 Maret 2022, https://www.ppatk.go.id/siaran_pers/read/952/pola-kejahatan-dalam-pendanaan-terorisme-.html

Bernie Madoff, The Story of the Biggest Ponzi Scheme Scam in History

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By:

Team of Hukumindo

Previously, the Hukumindo.com platform has talk about "Case of Boredom at Work" you may read also "How To Report Online Scammer Or Fraud To The Police In Indonesia" and on this occasion we will discuss about 'Bernie Madoff, The Story of the Biggest Ponzi Scheme Scam in History'. Recently, Indonesia was presented with interesting news with the arrest of two "crazy rich", namely Doni Salmanan (Quotex App) and Indra Kenz (Binomo App) related to a trading application fraud which turned out to be, after being investigated by the Police, as online gambling. If we learn from history, then one of the biggest fraud case in investment is carried out by Bernie Madoff. So that we are well alert and let's read this case again. 

Brief History of Bernie Madoff

Madoff was born on April 29, 1938, in Queens, New York City, the son of Sylvia (Muntner) and Ralph Madoff, who was a plumber and stockbroker. His family was Jewish. Madoff's grandparents were emigrants from Poland, Romania, and Austria. He was the second of three children; his siblings are Sondra Weiner and Peter Madoff. Madoff graduated from Far Rockaway High School in 1956.[1]

Madoff attended the University of Alabama for one year, where he became a brother of the Tau Chapter of the Sigma Alpha Mu fraternity, then transferred to and graduated from Hofstra University in 1960 with a Bachelor of Arts in political science. Madoff briefly attended Brooklyn Law School, but left after his first year to found Bernard L. Madoff Investment Securities LLC and work for himself.[2]

In 1960, Madoff founded Bernard L. Madoff Investment Securities LLC as a penny stock broker-dealer with $5,000 (equivalent to $44,000 in 2020) that he earned from working as a lifeguard and irrigation sprinkler installer and a loan of $50,000 from his father-in-law, accountant Saul Alpern, who referred a circle of friends and their families. Carl J. Shapiro was one such early customer, investing $100,000. Initially, the firm made markets (quoted bid and ask prices) via the National Quotation Bureau's Pink Sheets. In order to compete with firms that were members of the New York Stock Exchange trading on the stock exchange's floor, his firm began using innovative computer information technology to disseminate its quotes. After a trial run, the technology that the firm helped to develop became the NASDAQ. After 41 years as a sole proprietorship, the Madoff firm incorporated in 2001 as a limited liability company with Madoff as the sole shareholder.[3]

The firm functioned as a third market trading provider, bypassing exchange specialist firms by directly executing orders over the counter from retail brokers. At one point, Madoff Securities was the largest market maker at the NASDAQ, and in 2008 was the sixth-largest market maker in S&P 500 stocks. The firm also had an investment management and advisory division, which it did not publicize, that was the focus of the fraud investigation.[4]

Madoff was "the first prominent practitioner" of payment for order flow, in which a dealer pays a broker for the right to execute a customer's order. This has been called a "legal kickback". Some academics have questioned the ethics of these payments. Madoff argued that these payments did not alter the price that the customer received. He viewed the payments as a normal business practice:[5]

"If your girlfriend goes to buy stockings at a supermarket, the racks that display those stockings are usually paid for by the company that manufactured the stockings. Order flow was an issue that attracted a lot of attention but was grossly overrated".

Madoff was active in the National Association of Securities Dealers (NASD), a self-regulatory securities-industry organization. He served as chairman of its board of directors, and was a member of its board of governors.[6]

What is a Ponzi Scheme and How Does it Work?

What is a Ponzi Scheme? Quoting the book Free from Financial Fraud by Benny Santoso, a ponzi scheme is a fraudulent mode that promises quick profits for its victims. Why do ponzi schemes still attract so many victims? Because the ponzi scheme has a very tempting bait, where the victim is promised to get money quickly and easily. Fraudsters only need to change the external form of this ponzi scheme, then victims will come and fall into the trap of this scam. In general, a ponzi scheme is able to provide benefits for members who join first, where the benefits are taken from members who join later.[7]

Ponzi schemes are often referred to as pyramid schemes, because the members who join are divided into levels or levels that are shaped like pyramids. The first member to join will occupy the highest level, namely at the top of the pyramid. The next member who joins will occupy the level below it.[8]

Thus, the composition of the members of the ponzi scheme is that the number of members at the top tier is less than the number of members at the lower tier so that the pattern is similar to the shape of a pyramid.[9]

How Does it Work? The first possibility, the first member to join must recruit other members to join. This means that each member must actively recruit new members to join him. Usually, ponzi schemes are very simple in form to give the impression that these schemes are easy to implement. For example, one member only needs to recruit two or three people. Now from the recruitment of new members, old members will be given certain benefits. Profit sharing schemes are usually clearly notified from the start of members joining. Usually, a ponzi scheme that uses this method will form a chain social gathering or under the guise of multi-level marketing (MLM).[10]

The second possibility, the members do not need to recruit new members but the company will recruit new members themselves. Although there is no need to recruit new members like the first method, old members will still get money from people who have just signed up. Usually, ponzi schemes that use this second method will take the form of cooperatives, illicit banks, or investment schemes. Although somewhat different ways, these two methods will still have a detrimental impact on most members, especially for members who have just joined at the end.[11]

Bernie Madoff's Story Loses $65 Billion Client With Ponzi Scheme

The biggest ponzi scam in the world is none other than the ponzi scam scheme by Bernie Madoff. With the real name Bernard L. Madoff, he is known as a icon artist who has cost clients up to $65 billion over the years. By establishing Bernard L. Madof Investment Securities, victims of Madoff's fraud include individuals, charities, pension funds, to hedge funds or investment managers.[12]

Bernie Madoff founded a company called Bernard L Madoff Investment Securities LCC in 1960. The company he created was able to attract rich people to invest. With the smooth development of his bogus investment firm over 50 years, Bernie Madoff is well-known on the Wall Street Exchange as a major financial manager who founded his own company at the age of 22. Madoff was also appointed non-executive chairman of the Nasdaq in 1990.[13]

To note, the way the Ponzi scheme investment works is by promising tantalizing returns if the investor succeeds in inviting other people to join. Then the old investors will be paid with income from new investors, and so on until there are no more new investors. In the case of Bernie Madoff, he caused a global commotion by breaking into ponzi schemes for years in the practice of digging holes in his clients' investment holes.[14]

In 1992, Madoff's cheating began to be detected, but Madoff always brushed it off. Until the economic crisis in the US in 2008 made Madoff no longer able to pay his customers, the ponzi scheme that had been carried out so far was exposed. Madoff was officially arrested on December 11, 2008, where Madoff had previously admitted to his two children, Mark and Andrew, that the business he was running was a lie. Then it was Madoff's two children who reported his father to the Police.[15]

The man who was born in Queens, New York, in 1938, was finally sentenced by a jury in 2009. He was held in Butner, North Carolina, federal prison for 150 years. The US Federal Bureau of Prisons (FBP) said that the biggest pozi scheme fraudster, Bernie Madoff, died on April 15, 2021, at the age of 82. It said the cause of death was not disclosed, but Madoff was diagnosed with kidney failure with 18 months remaining.[16] And if you have troubles during your investment process in Indonesia, contact us, feel free in 24 hour, we will be happy to assist you. 

*) For further information please contact:

Mahmud Kusuma Advocate

Law Office

Jakarta - Indonesia.

E-mail: mahmudkusuma22@gmail.com

________________

References:

1. "Bernie Madoff", www.wikipedia.org., Diakses pada tanggal 14 Maret 2022, https://en.wikipedia.org/wiki/Bernie_Madoff

2. Ibid.

3. Ibid.

4. Ibid.

5. Ibid.

6. Ibid.

7. "Apa Itu Skema Ponzi dan Bagaimana Cara Kerjanya?", www.kompas.com., Penulis : Isna Rifka, Editor : Akhdi Martin Pratama, Diakses pada tanggal 14 Maret 2022, Klik untuk baca: https://money.kompas.com/read/2022/01/27/110800226/apa-itu-skema-ponzi-dan-bagaimana-cara-kerjanya?page=all.

8. Ibid.

9. Ibid.

10. Ibid.

11. Ibid.

12. "Penipuan Ponzi Terbesar, Kisah Bernie Madoff Rugikan Klien USD65 Miliar", www.idxchannel.com., Diakses pada tanggal 14 Maret 2022, https://www.idxchannel.com/economia/penipuan-ponzi-terbesar-kisah-bernie-madoff-rugikan-klien-usd65-miliar

13. Ibid.

14. Ibid.

15. Ibid.

16. Ibid.

Case of Boredom at Work

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By:

Team of Hukumindo

Previously, the Hukumindo.com platform has talk about "Sperm Theft Case" you may read also "I Have a Contract Whose Goods Have Not Been Delivered, How Do I Sue Under Indonesian Law?" and on this occasion we will discuss about 'Case of Boredom at Work'.

In a 2016 case, a French citizen named Frederic Desnard filed a lawsuit worth 360,000 euros against his former employer for "falling into hell" and "nightmare", two words he uses to describe his level of boredom at work. The defendant was Interparfums, a French perfume company where Desnard worked for 8 years until he was forced out due to his boredom.[1]

He suspected that the company had deliberately ostracized him after failing to secure a major contract. Then, after 7 months of sick leave due to epilepsy and stomach ulcers, he was fired. The case then included allegations of harassment at work by Desnard's superviors, such as harsh words and insulting tasks such as picking up the boss's children from school.[2]

Desnard's lawyer stated that "being so bored" was seen as harassment and the company had to pay for the mental torture the employee suffered. The case was then handled by the Paris labor court. There should have been a decision on 27 July 2016, but the court has instead scheduled a new trial.[3] And if you have difficulties with this topic, contact us, feel free in 24 hour, we will be happy to help you. 

*) For further information please contact:

Mahmud Kusuma Advocate

Law Office

Jakarta - Indonesia.

E-mail: mahmudkusuma22@gmail.com

________________

Reference:

1. "Tak Masuk Akal, Ini 5 Tuntutan Hukum Paling Konyol di Dunia?", www.liputan6.com., Diakses pada tanggal 8 Maret 2022, https://www.liputan6.com/global/read/3176767/tak-masuk-akal-ini-5-tuntutan-hukum-paling-konyol-di-dunia

2. Ibid.

3. Ibid.

Sperm Theft Case

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By:

Team of Hukumindo

Previously, the Hukumindo.com platform has talk about "Selling Corn Seeds, Even Imprisoned" read also "I Have a Contract Whose Goods Have Not Been Delivered, How Do I Sue Under Indonesian Law?" and on this occasion we will discuss about 'Sperm Theft Case'.

In 1998, a man named Peter Wallis from Albuquerque filed a lawsuit against his ex-girlfriend, Kellie Smith, who became pregnant without an agreement and thus violated the contract because of "deliberately obtaining and abusing the man's sperm." According to Wallis, Smith had been warned to use birth control pills. However, the woman then deliberately stopped using the pill to get pregnant from her lover.[1]

As a result, Wallis didn't even know he was going to be a father. The demand for money refers to the reason that he has to pay for the care of a child he does not want. According to the defendants, Smith could not have "stealed" the sperm because it was transferred during a mutually agreed act so that it was legally considered a gift and Wallis no longer had any ownership rights to it.[2]

When he heard about the pregnancy, Wallis proposed to Smith and asked the woman to have an abortion. But Smith refused both things and moved to live with his parents. Contrary to Wallis's argument that women have a choice and it is unfair to him to be asked to pay, Smith has the right to refuse both requests and so he wins the case.[3] And if you have difficulties with this topic, contact us, feel free in 24 hours, we will be glad to help you.

*) For further information please contact:

Mahmud Kusuma Advocate

Law Office

Jakarta - Indonesia.

E-mail: mahmudkusuma22@gmail.com

________________

Reference:

1. "Tak Masuk Akal, Ini 5 Tuntutan Hukum Paling Konyol di Dunia?", www.liputan6.com., Diakses pada tanggal 8 Maret 2022, https://www.liputan6.com/global/read/3176767/tak-masuk-akal-ini-5-tuntutan-hukum-paling-konyol-di-dunia

2. Ibid.

3. Ibid.

Selling Corn Seeds, Even Imprisoned

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By:

Team of Hukumindo

Previously, the Hukumindo.com platform has talk about "Creativity in Assembling Television Brings Male Graduates from Elementary School to Jail" read also "I Have a Contract Whose Goods Have Not Been Delivered, How Do I Sue Under Indonesian Law?" and on this occasion we will discuss about 'Selling Corn Seeds, Even Imprisoned'.

Tukirin and Kuncoro are two simple men who are trying their luck as sellers of hybrid corn seeds in Kediri, East Java. But they don't know, just because the seeds they sell don't go through laboratory tests and are considered to be 'pirating' a well-known brand, they get a prison sentence.[1]

In fact, these two people are farmers without any bad intentions. Unfortunately, according to Law No. 12/1992 on the Crop Cultivation System (UUSBT) they were guilty and deemed not to have a license to sell hybrid corn seeds such as the BISI brand. Sad isn't it? Kuncoro was imprisoned in 2010 while Tukirin is on probation.[2] And if you have difficulties with this topic, contact us, feel free in 24 hours, we will be glad to help you.

*) For further information please contact:

Mahmud Kusuma Advocate

Law Office

Jakarta - Indonesia.

E-mail: mahmudkusuma22@gmail.com

________________

Reference:

1. "5 Kasus Hukum Aneh dan Janggal yang Hanya Terjadi di Indonesia", www.kai.or.id., Diakses pada tanggal 8 Maret 2022, https://www.kai.or.id/berita/16544/5-kasus-hukum-aneh-dan-janggal-yang-hanya-terjadi-di-indonesia.html

2. Ibid.

Creativity in Assembling Television Brings Male Graduates from Elementary School to Jail

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By:

Team of Hukumindo

Previously, the Hukumindo.com platform has talk about "Preparation Before Opening a Police Report In Indonesia" read also "I Have a Contract Whose Goods Have Not Been Delivered, How Do I Sue Under Indonesian Law?" and on this occasion we will discuss about 'Creativity in Assembling Television Brings Male Graduates from Elementary School to Jail'. This article quoted entirely from website: www.kai.or.id, titled "5 Kasus Hukum Aneh dan Janggal yang Hanya Terjadi di Indonesia".

Life is hard, it is the strong and the intelligent who survive. Even though he only graduated from elementary school, the 41-year-old MK (initials) didn't want to just give up. Relying on his creativity and also his ability in electronics, he made a new television from used equipment such as used tubes and screens.[1]

Instead of getting an appreciation, the Court was even imprisoned for being accused of selling non-standard and potentially dangerous electronic goods. It's true, all electronic devices should pass a quality test, but does the government care and make it easy for this? In fact not. Now MK is in prison just because he recycles used goods to make them fit again.[2] And if you have difficulties with this topic, contact us, feel free in 24 hours, we will be glad to help you.

*) For further information please contact:

Mahmud Kusuma Advocate

Law Office

Jakarta - Indonesia.

E-mail: mahmudkusuma22@gmail.com

________________

Reference:

1. "5 Kasus Hukum Aneh dan Janggal yang Hanya Terjadi di Indonesia", www.kai.or.id., Diakses pada tanggal 8 Maret 2022, https://www.kai.or.id/berita/16544/5-kasus-hukum-aneh-dan-janggal-yang-hanya-terjadi-di-indonesia.html

2. Ibid.