Sabtu, 02 April 2022

What Are The Competences of The Religious Courts To Adjudicates In Sharia Economic Cases?

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By:
Team of Hukumindo

Previously, the Hukumindo.com platform has talk about "Knowing Red Notice and its Request Procedure", "The Role of Law in Sharia Economic Development", you may read also "These 5 Types of Online Fraud You Should Avoid" and on this occasion we will discuss about 'What Are The Competences of The Religious Courts To Adjudicates In Sharia Economic Cases?'.

Legal Terms of Economic Sharia

Quoting the book Sharia Economics by Yoyok Prasetyo, the notion of Islamic economics is the same as Islamic economics, the only difference being that the perspective of each expert defines it. According to Yusuf Qardhawi, the notion of sharia economics is an economy based on God with the ultimate goal of God and utilizing means that cannot be separated from God's sharia.[1] 

According to Monzer Kahf, the notion of Islamic economics is part of interdisciplinary economics. This means that Islamic economics cannot stand alone and requires good and deep mastery of the supporting sciences. According to M.A Mannan, the notion of Islamic economics is a social science that studies people's economic problems inspired by Islamic values. In general, the notion of sharia economics is an economic system that applies the teachings of the Koran and hadith or Islamic law in its activities.[2] 

Legal Dispute Resolution

Disputes or legal disputes in business activities with Islamic Sharia nuances are no longer the competence of the General Courts Institution. The authority to examine and adjudicate the dispute is transferred to the Religious Courts.[3]

If the settlement must be through a civil lawsuit, the lawsuit is submitted to the Head of the Religious Court according to his relative competence. Through Law no. 3 of 2006 concerning Amendments to Law no. 7 of 1989 concerning the Religious Courts, Article 49 stipulates that the Religious Courts examine, decide, and resolve cases at the first level between people who are Muslims in the fields of:[2]
  • Marriage;
  • Inheritance;
  • Will;
  • Grant;
  • Waqf;
  • Zakat;
  • Infaq;
  • Sadaqah; and
  • Islamic economics.
The procedural law for examining sharia disputes in the Religious Courts is regulated in the Regulation of the Supreme Court of the Republic of Indonesia (Perma) No. 14 of 2016 concerning Procedures for Settlement of Sharia Economic Cases and Perma No. 2 of 2015 concerning Procedures for Settlement of Simple Lawsuits.[4]

Previously, the Procedural Law of the Religious Courts was regulated in Law no. 7 of 1989 concerning the Religious Courts, confirms that the Religious Courts have the duty and authority to examine, decide, and resolving cases at the first level between people who are Muslims is not included in the field of sharia economics.[5] Thus, the differences in Law No. 7 of 1989 with Law no. 3 of 2006, wherein Law no. 3 of 2006 included the dispute on Sharia Economics, Zakat and Infaq as the absolute competence of the Religious Courts. 

Examples of Sharia Economic Cases

The scope of Sharia Economic Cases is cases in the field of sharia economics covering sharia banks, sharia microfinance institutions, sharia insurance, sharia reinsurance, sharia mutual funds, sharia bonds, sharia futures securities, sharia securities, sharia financing, sharia pawnshops, sharia financial institution pension funds , sharia business, including waqf, zakat, infaq, and shadaqah which are commercial in nature, both contentious and volunteer.[6]

In the traffic of conventional business or economic activities, the legal relationship that occurs between business actors is stated in a deed of agreement. In sharia economics, the agreement is equated with akad, the term of akad here of course referred to the contract of sharia economic. According to Perma No. 14 of 2016 which is meant by a Sharia Economic Contract is a legal act carried out by two or more parties on a voluntary basis which gives rise to rights and obligations based on sharia principles.[7] As a practical example in daily economic activities, we can find financial institutions and banks that offer credit based on sharia principles. For example, if we apply for credit or want to borrow money at a bank and are presented with an agreement with the term akad, then the Islamic economic principles in the credit is apply.

And if you have a sharia-based credit that is in default condition and intends to be restructured, then 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. "Ekonomi Syariah: Pengertian, Tujuan, dan Karakteristiknya", www.kompas.com., Penulis : Isna Rifka., Editor : Yoga Sukmana, Diakses pada tanggal 2 April 2022 https://money.kompas.com/read/2022/01/19/123200426/ekonomi-syariah--pengertian-tujuan-dan-karakteristiknya?page=all.
2. Ibid.
3. "Gugatan Ekonomi Syariah Menjadi Kewenangan Pengadilan Agama", litigasi.co.id., Diakses pada tanggal 2 April 2022, https://litigasi.co.id/posts/gugatan-ekonomi-syariah-menjadi-kewenangan-pengadilan-agama
4. Ibid.
5. Ibid.
6. Ibid.
7. Ibid.

Jumat, 01 April 2022

Knowing Red Notice and its Request Procedure

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By:
Team of Hukumindo

Previously, the Hukumindo.com platform has talk about "These 5 Types of Online Fraud You Should Avoid", "How to Open a Police Report in Indonesia?" you may read also "How To Report Online Scammer Or Fraud To The Police In Indonesia" and on this occasion we will discuss about 'Knowing Red Notice and its Request Procedure'. There are times when criminals are outside the jurisdiction of the country where we make a Police Report. This is where the importance of the red notice lies. let's find out a little about this.

What is Red Notice?

Quoting from the Interpol page, a red notice is a request to find and temporarily detain someone who is considered involved in a criminal case. However, the person's status has been determined as a suspect and is included in the wanted list (DPO/Daftar Pencarian Orang). Red notices are important because a person's movement is limited when traveling abroad. In addition, countries requesting the issuance of red notices can share information with other Interpol member countries.[1]

A red notice is issued to a person who is named a suspect in a criminal case. The Interpol website states that those who are included in the red notice list must be considered innocent (because it is still a legal suspicion) until a court decision is made.[2]

How  Red Notice Issued?

To issue a red notice, the Police from an Interpol member country will first send a search request and arrest a suspect. The Police from the requesting country must show a valid arrest warrant as the basis for the request to Interpol. Then, the Interpol Secretariat General responded by issuing a notification to all Interpol member countries regarding the request. Police agencies from all Interpol member countries will receive a notification.[3]

It is known that there are 190 member countries that join Interpol. One of them is Indonesia through the Indonesian National Police (INP) since 1952. It should be underlined, individuals who are included in the red notice category are not orders from Interpol itself but from the country concerned. Interpol only provides information to all member countries that the person is wanted by a country based on a detention warrant. Thus, Interpol did not issue an arrest warrant.[4]

How To Request Red Notice To Interpol?

Red notice is issued by Interpol after a request from the country concerned. The Head of Public Relations of the Polda Metro Jaya Kombes Pol Argo Yuwono said that issuing a red notice for a person must coordinate with the Interpol National Central Bureau (NCB) for Indonesia. After someone is determined as a suspect, continued Argo, an arrest warrant will be issued. If the person does not respond to the letter, the next step is to assign that person to the DPO. If the suspect is abroad, the police will cooperate with Interpol to issue a red notice.[5]

"After the new DPO, we will issue a red notice. We will see what the requirements are, then we will coordinate with Interpol," said Argo, Monday (29/5/2017). After Interpol has received a red notice from the country concerned, Interpol will inform other member countries. So that the movement of suspects abroad will be limited and make it easier for arrests.[6] 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. "Mengenal Red Notice dan Prosedur Permintaannya", news.detik.com, diakses pada tanggal 1 April 2022, https://news.detik.com/berita/d-3514988/mengenal-red-notice-dan-prosedur-permintaannya.
2. Ibid.
3. Ibid.
4. Ibid.
5. Ibid.
6. Ibid.

Selasa, 29 Maret 2022

These 5 Types of Online Fraud You Should Avoid

 
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By:
Team of Hukumindo

Previously, the Hukumindo.com platform has talk about "The Mystery of the 7-Year Death of Akseyna, University of Indonesia Student", you may read also "Phryne Case: Free From The Death Penalty By Asking For Forgiveness" or "How To Report Online Scammer Or Fraud To The Police In Indonesia", or "Contoh Jawaban Gugatan Perdata" and on this occasion we will discuss about 'These 5 Types of Online Fraud You Should Avoid'. This article fully taken from www.detik.com, titled: "5 Modus Penipuan Online Ini Kerap Terjadi, Pernah Mengalami?" as stated in the reference.

The development of the digital world not only provides many conveniences, but also provides opportunities for criminal acts such as fraud. One of them is rampant, for example online fraud in financial transactions. For this reason, the public needs to increase vigilance by understanding the types of online fraud in order to avoid this crime. Quoted from the official FBI website, here are the various modes of online fraud and how to avoid them.[1]

Phishing

One practice that is often found is phishing. This practice is a technique used to trick the victim by providing a link or email that looks like a real one to get the victim's personal information.[2]

Because the given link or email address looks very similar, people are often trapped to click on the link. After that, the perpetrators can freely take personal data of their victims. The personal data that can be obtained by these perpetrators are in the form of email or application passwords, credit card numbers, to ATM PINs.[3]

Money Mule

The practice of Money Mule can be defined as the act of transferring illegally obtained money on behalf of another person. The money is generally obtained from crimes such as from fraud to the sale of prohibited goods.[4]

In practice, people who transfer money to other bank accounts will get a commission. This is done in order to launder the money obtained illegally which is difficult to track down by the police.[5]

Spoofing

Similar to phishing, this practice uses a link, website address, or email address that is similar to the intended party. The difference is, this practice disguises the site by distinguishing one letter or character in the address so that it looks very similar.[6]

Victims of spoofing generally do not feel that the intended party is actually a fake. Thus, the perpetrators of spoofing can freely interact with their victims as if they were the intended party.[7]

Sniffing

In short, sniffing is a crime in the form of wiretapping. The perpetrators usually take advantage of public network access. From the data traffic on the public network, the perpetrators can capture the data of their victims using special tools.[8]

Social Engineering

Social Engineering is a manipulation technique that utilizes the victim's human error to obtain personal information in the form of access or other important matters. The perpetrators usually observe the behavior and take advantage of the negligence of the victim.[9]

Simply put, the perpetrators take advantage of the victim's lack of knowledge when accessing the internet. The main purpose of the perpetrators, apart from taking personal information, is also to sabotage important data owned by the victim.[10] And if you are one of the many victims of online scams 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. "5 Modus Penipuan Online Ini Kerap Terjadi, Pernah Mengalami?", www.detik.com., Muhammad Yoga Prastyo, Diakses pada tanggal 27 Maret 2022, https://inet.detik.com/security/d-6000093/5-modus-penipuan-online-ini-kerap-terjadi-pernah-mengalami.
2. Ibid.
3. Ibid.
4. Ibid.

Senin, 28 Maret 2022

The Mystery of the 7-Year Death of Akseyna, University of Indonesia Student

 
(kumparan.com)

By:
Team of Hukumindo

Previously, the Hukumindo.com platform has talk about "Phryne Case: Free From The Death Penalty By Asking For Forgiveness", you may read also "Trial of Socrates" and on this occasion we will discuss about 'The Mystery of the 7-Year Death of Akseyna, University of Indonesia Student'. This article is entirely taken from www.kompas.com with the title: "Misteri 7 Tahun Kematian Mahasiswa UI Akseyna yang Belum Juga Terungkap..."as attached reference.

On Saturday (26/3/2022), the death of a young man named Akseyna Ahad Dori (19) has just entered the seventh year. Based on the records of Kompas.com, Akseyna was found lifeless in Kenanga Lake, University of Indonesia (UI), Depok, West Java, on March 26, 2015. Akseyna is a student majoring in Biology, Faculty of Mathematics and Natural Sciences UI. When first discovered, the victim was suspected of committing suicide.[1]

Later, the police investigating Akseyna's death stated that Akseyna was a murder victim. However, until now the case has not been revealed.[2]

Identified From The Nose

At that time, Akseyna's body was found by a UI student named Roni in a floating position in Lake Kenangan around 09.00 WIB. The discovery of Akseyna's body has attracted the attention of a number of people. Residents then gathered at the scene of the incident. At first, no one knew that the figure of the corpse was Akseyna because none of the identities were listed. The victim was seen still using a backpack containing a number of stones suspected to have drowned the body. The body was taken to the Kramatjati Police Hospital, East Jakarta, for identification.[3]

At that time, the Head of Criminal Investigation at the Depok Police, Kompol Agus Salim, said that at the same time the body was found, Akseyna's parents were looking for her son's whereabouts. At that time, Akseyna's parents contacted the police and then came from Yogyakarta to Jakarta to identify the body at the Kramatjari Police Hospital. The family confirmed that the body was that of Akseyna, who was identified by the shape of the victim's nose, clothes and shoes.[4]

"When the family examined the victim's body, there was a physical resemblance to the shape of the victim's nose. In addition, the clothes and shoes given by the parents added to the family's belief that it was indeed their child," Agus said on March 31, 2015.[5]

There Was a Will 

At that time the victim allegedly committed suicide because The police, who are investigating the case, found a will on the wall of Akseyna's boarding room. "Temporary suspicion of suicide. We found some kind of will from the victim," said Agus. The will was handwritten in English which implied the victim's final message.[6]
 
The letter reads "Will not return for please don't search for existence, my apologies for everything enternally." "The writing is in English. The point is, the victim doesn't want to be found and (asks) for an apology," said Agus. The letter was then investigated by the Forensic Laboratory Center (Puslabfor). The results showed that the writing was identical to Akeyna's handwriting.[7]

Irregularities 

Akseyna's father, Colonel (Sus) Mardoto, saw a number of irregularities regarding the death of his son. There were bruises on Akseyna's body. The presence of a number of stones found in the victim's bag was also suspected by the father. Apart from that, Mardoto is not sure that the piece of paper that his son is supposed to have written was a will. "If you commit suicide, you don't need to do something as complicated as that (writing a will)," said Mardoto.[8]

Alleged as a Murder Victim

The police did not stop at that time. A number of witnesses, evidence, and the results of the post-mortem were re-examined. Investigators also summoned expert witness graphologist from the American Handwriting Analysis Foundation Deborah Dewi to provide information regarding the handwriting of the letter.[9]

As a result, Deborah stated that the handwriting on the letter was not Akseyna's. Police later believed Akseyna was the victim of a murder. "What can be known is that the death toll is suspected not to have been a suicide," said the Director of General Crime Investigation at the Metro Jaya Police at the time, Commissioner Krishna Murti.[10]

Another thing that strengthens the suspicion is the post-mortem which concluded that Akseyna was allegedly unconscious before being plunged into the lake. In Akseyna's lungs there is also water and sand. It will not be found if the victim can not breathe. In addition, there was a tear in the heel of Akseyna's shoe, strengthening the suspicion that there was an attempt to drag the victim. Krishna then again doubts that Akseyna died by suicide. "The lake is shallow. If he committed suicide, why not plunge into the sea. Drowning himself is a very slow process of suicide. If you want to kill yourself, why not just jump off the roof of the building," said Krisha.[11]

Even though they were sure that Akseyna was the victim of a murder, the police had difficulty solving the case. The police said that the disclosure of this case was quite difficult because the condition of the place where the victim died had been damaged due to being entered by unauthorized persons. Thus, the case of Aksey's death is still a mystery to this day.[12]

And if you have any legal issue to solve, 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. "Misteri 7 Tahun Kematian Mahasiswa UI Akseyna yang Belum Juga Terungkap...", www.kompas.com., Penulis : Muhammad Isa Bustomi, Editor : Nursita Sari, Diakses pada tanggal 27 Maret 2022, https://megapolitan.kompas.com/read/2022/03/26/19200541/misteri-7-tahun-kematian-mahasiswa-ui-akseyna-yang-belum-juga-terungkap.
2. Ibid.
3. Ibid.
4. Ibid.
5. Ibid.
6. Ibid.
7. Ibid.
8. Ibid.
9. Ibid.
10. Ibid.
11. Ibid.
12. Ibid.

Sabtu, 26 Maret 2022

Phryne Case, Free From The Death Penalty By Asking For Forgiveness

(www.akg-images.fr)

By:
Team of Hukumindo

Previously, the Hukumindo.com platform has talk about "Trial of Socrates", you may read also "Complaints Post for Victims of Illegal Trading Robots" and on this occasion we will discuss about 'Phryne Case, Free From The Death Penalty By Asking For Forgiveness'.

The law applies to everyone indiscriminately. That's bullshit, because Phryne, an ancient Greek prostitute woman, escaped the death penalty just because she was beautiful. This means that the law doesn't work for someone who is beautiful, like Phryne, even though it's clear that she has committed a crime.[1]

In Ancient Greece, Phryne was known as a top entertainer. Many are crazy about Phryne, because she has a beautiful face and a curvaceous body. Once upon a time, Phryne stumbled upon a serious case. She was brought before the court on the death penalty. Phryne was helpless and she was left waiting for her fate in the courtroom. However, Phryne has an intelligent defender named Hyperides.[2]

During the trial Phryne and Hyperides listened to all charges without interrupting or interrupting. It was their turn to defend themselves, Phryne and Hyperides didn't say much. Then Hyperides whispered a sentence in Phryne's ear. The girl nodded and confidently walked to the front of the court. Shortly after standing up, Phryne immediately took off the clothes she was wearing one by one. Phryne finally naked without a single thread attached to her body. What Phryne did was actually pornographic category. But what happened? After being naked, Phryne approached the judges one by one, begging for forgiveness.[3]

A judge then said: "I don't think I can punish God's creation as beautiful as this". The judge's decision was later approved by the other judges. Phryne is finally free from the death penalty. Yes, it seems that Phryne is immune from the law only with her facial beauty and body beauty. From that case, the law applies to everyone indiscriminately, it turns out to be nonsense.[4]

There are several things that we must pay attention carefully in reading this case, first, it needs to be reiterated that Phryne did not escape the law, she only escaped the death penalty. This means that if it can be compared with the conditions of the current criminal trial, he has escaped the maximum charge submitted by the Prosecutor. Second, Phryne made a legal defense through an apology and forgiveness for the mistakes she had made in court. In a criminal trial, this is possible. Third, about being naked in court when asking for forgiveness, according to the author, this is just a condiment or a kind of trick in addition, because it is directly proportional to her profession as a prostitute. And if you need an attorneys to defend your rights on trial, 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. "Phryne Bebas dari Hukuman Mati Cuma Bermodalkan Telanjang dan Mohon Ampunan", zonapriangan.pikiran-rakyat.com., Diakses pada tanggal 26 Maret 2022, https://zonapriangan.pikiran-rakyat.com/internasional/pr-461954728/phryne-bebas-dari-hukuman-mati-cuma-bermodalkan-telanjang-dan-mohon-ampunan?page=3
2. Ibid.
3. Ibid.
4. Ibid.

Jumat, 25 Maret 2022

The Trial of Socrates

(Jacques-Louis David)

By:
Team of Hukumindo

Previously, the Hukumindo.com platform has talk about "Posko Pengaduan Korban Robot Trading Ilegal" you may read also "Complaints Post for Victims of Illegal Trading Robots" and on this occasion we will discuss about 'Trial of Socrates'. This article full cited from https://en.wikipedia.org., titled the same as this article.

The trial of Socrates (399 BC) was held to determine the philosopher's guilt of two charges: asebeia (impiety) against the pantheon of Athens, and corruption of the youth of the city-state; the accusers cited two impious acts by Socrates: "failing to acknowledge the gods that the city acknowledges" and "introducing new deities".[1]

The death sentence of Socrates was the legal consequence of asking politico-philosophic questions of his students, which resulted in the two accusations of moral corruption and impiety. At trial, the majority of the dikasts (male-citizen jurors chosen by lot) voted to convict him of the two charges; then, consistent with common legal practice voted to determine his punishment and agreed to a sentence of death to be executed by Socrates's drinking a poisonous beverage of hemlock.[2]

Primary-source accounts of the trial and execution of Socrates are the Apology of Socrates by Plato and the Apology of Socrates to the Jury by Xenophon of Athens, who had also been his student; modern interpretations include The Trial of Socrates (1988) by the journalist I. F. Stone, and Why Socrates Died: Dispelling the Myths (2009) by the Classics scholar Robin Waterfield.[3]

Background

Before the philosopher Socrates was tried for moral corruption and impiety, the citizens of Athens knew him as an intellectual and moral gadfly of their society. In the comic play, The Clouds (423 BC), Aristophanes represents Socrates as a sophistic philosopher who teaches the young man Pheidippides how to formulate arguments that justify striking and beating his father. Despite Socrates denying he had any relation with the Sophists, the playwright indicates that Athenians associated the philosophic teachings of Socrates with Sophism. As philosophers, the Sophists were men of ambiguous reputation, "they were a set of charlatans that appeared in Greece in the fifth century BC, and earned ample livelihood by imposing on public credulity: professing to teach virtue, they really taught the art of fallacious discourse, and meanwhile propagated immoral practical doctrines."[4]

Besides The Clouds, the comic play The Wasps (422 BC) also depicts inter-generational conflict, between an older man and a young man. Such representations of inter-generational social conflict among the men of Athens, especially in the decade from 425 to 415 BC, can reflect contrasting positions regarding opposition to or support for the Athenian invasion of Sicily. Many Athenians blamed the teachings of the Sophists and of Socrates for instilling the younger generation with a morally nihilistic, disrespectful attitude towards their society.[5]

Socrates left no written works; however, his student and friend, Plato, wrote Socratic dialogues, featuring Socrates as the protagonist. As a teacher, competitor intellectuals resented Socrates's elenctic examination method for intellectual inquiry, because its questions threatened their credibility as men of wisdom and virtue.[6]

It has sometimes been claimed that Socrates described himself as the "gadfly" of Athens which, like a sluggish horse, needed to be aroused by his "stinging". In the Greek text of his defense given by Plato, Socrates never actually uses that term (viz., "gadfly" [Grk., oîstros])[ to describe himself. Rather, his reference is merely allusive, as he (literally) says only that he has attached himself to the City (proskeimenon tē polei) in order to sting it. Nevertheless, he does make the bold claim that he is a god's gift to the Athenians. Socrates' elenctic method was often imitated by the young men of Athens.[7]

Association with Alcibiades and the Thirty Tyrants

Alcibiades was an Athenian general who had been the main proponent of the disastrous Sicilian Expedition during the Peloponnesian Wars, where virtually the entire Athenian invading force of more than 50,000 soldiers and non-combatants (e.g., the rowers of the Triremes) was killed or captured and enslaved. He was a student and close friend of Socrates, and his messmate during the siege of Potidaea (433–429 BC). Socrates remained Alcibiades' close friend, admirer, and mentor for about five or six years. During his career, Alcibiades famously defected to Sparta, Athens' arch-enemy, after being summoned to trial, then to Persia after being caught in an affair with the wife of his benefactor (the King of Sparta). He then defected back to Athens after successfully persuading the Athenians that Persia would come to their aid against Sparta (though Persia had no intention of doing so). Finally driven out of Athens after the defeat of the Battle of Notium against Sparta, Alcibiades was assassinated in Phrygia in 400 BC by his Spartan enemies.[8]

Another possible source of resentment was the political views that he and his associates were thought to have embraced. Critias, who appears in two of Plato's Socratic dialogues, was a leader of the Thirty Tyrants (the ruthless oligarchic regime that ruled Athens, as puppets of Sparta and backed by Spartan troops, for eight months in 404–403 BC until they were overthrown). Several of the Thirty had been students of Socrates, but there is also a record of their falling out.[9]

As with many of the issues surrounding Socrates' conviction, the nature of his affiliation with the Thirty Tyrants is far from straightforward. During the reign of the Thirty, many prominent Athenians who were opposed to the new government left Athens. Robin Waterfield asserts that "Socrates would have been welcome in oligarchic Thebes, where he had close associates among the Pythagoreans who flourished there, and which had already taken in other exiles.": 183  Given the availability of a hospitable host outside of Athens, Socrates, at least in a limited way, chose to remain in Athens. Thus, Waterfield suggests, Socrates' contemporaries probably thought his remaining in Athens, even without participating in the Thirty's bloodthirsty schemes, demonstrated his sympathy for the Thirty's cause, not neutrality towards it. This is proved, Waterfield argues, by the fact that after the Thirty were no longer in power, anyone who had remained in Athens during their rule was encouraged to move to Eleusis, the new home of the expatriate Thirty. Socrates did oppose the will of the Thirty on one documented occasion. Plato's Apology has the character of Socrates describe that the Thirty ordered him, along with four other men, to fetch a man named Leon from Salamis so that the Thirty could execute him. While Socrates did not obey this order, he did nothing to warn Leon, who was subsequently apprehended by the other four men.[10]

Support of oligarchic rule and contempt for Athenian democracy

According to the portraits left by some of Socrates' followers, Socrates himself seems to have openly espoused certain anti-democratic views, the most prominent perhaps being the view that it is not majority opinion that yields correct policy but rather genuine knowledge and professional competence, which is possessed by only a few. Plato also portrays him as being severely critical of some of the most prominent and well-respected leaders of the Athenian democracy; and even has his claim that the officials selected by the Athenian system of governance cannot credibly be regarded as benefactors since it is not any group of many that benefits, but only "someone or very few persons". Finally, Socrates was known as often praising the laws of the undemocratic regimes of Sparta and Crete. Plato himself reinforced anti-democratic ideas in The Republic, advocating rule by elite, enlightened "Philosopher-Kings".[11]

The totalitarian Thirty Tyrants had anointed themselves as the elite, and in the minds of his Athenian accusers, Socrates was guilty because he was suspected of introducing oligarchic ideas to them. Larry Gonick, in his "Cartoon History of the Universe" wrote:
"The trial of Socrates has always seemed mysterious ... the charges sound vague and unreal ... because behind the stated charges was Socrates's real crime: preaching a philosophy that produced Alcibiades and Critias ... but of course he couldn't be prosecuted for that under the amnesty [which had been declaredafter the overthrow of the Thirty Tyrants] ... so his accusers made it "not believing the Gods of the city, introducing new gods, and corrupting the youth".
Apart from his views on politics, Socrates held unusual views on religion. He made several references to his spirit, or daimonion, although he explicitly claimed that it never urged him on, but only warned him against various prospective actions.[12]

Trial

The formal accusation was the second element of the trial of Socrates, which the accuser, Meletus, swore to be true, before the archon (a state officer with mostly religious duties) who considered the evidence and determined that there was an actionable case of "moral corruption of Athenian youth" and "impiety", for which the philosopher must legally answer; the archon summoned Socrates for a trial by jury.[13]

Athenian juries were drawn by lottery, from a group of hundreds of male-citizen volunteers; such a great jury usually ensured a majority verdict in a trial. Although neither Plato nor Xenophon of Athens identifies the number of jurors, a jury of 501 men likely was the legal norm. In the Apology of Socrates (36a–b), about Socrates's defence at trial, Plato said that if just 30 of the votes had been otherwise, then Socrates would have been acquitted (36a), and that (perhaps) less than three-fifths of the jury voted against him (36b). Assuming a jury of 501, this would imply that he was convicted by a majority of 280 against 221.[14]

Having been found guilty of corruption and impiety, Socrates and the prosecutor suggested sentences for the punishment of his crimes against the city-state of Athens. Expressing surprise at the few votes required for an acquittal, Socrates joked that he be punished with free meals at the Prytaneum (the city's sacred hearth), an honour usually held for a benefactor of Athens, and the victorious athletes of an Olympiad. After that failed suggestion, Socrates then offered to pay a fine of 100 drachmae – one-fifth of his property – which largesse testified to his integrity and poverty as a philosopher. Finally, a fine of 3,000 drachmae was agreed, proposed by Plato, Crito, Critobulus, and Apollodorus, who guaranteed payment – nonetheless, the prosecutor of the trial of Socrates proposed the death penalty for the impious philosopher. (Diogenes Laërtius, 2.42). In the end, the sentence of death was passed by a greater majority of the jury than that by which he had been convicted.[15]

In the event, friends, followers, and students encouraged Socrates to flee Athens, an action which the citizens expected; yet, on principle, Socrates refused to flout the law and escape his legal responsibility to Athens (see: Crito). Therefore, faithful to his teaching of civic obedience to the law, the 70-year-old Socrates executed his death sentence and drank the hemlock, as condemned at trial. (See: Phaedo).[16]

Ancient Interpretations of the trial of Socrates

In the time of the trial of Socrates, the year 399 BC, the city-state of Athens recently had endured the trials and tribulations of Spartan hegemony and the thirteen-month régime of the Thirty Tyrants, which had been imposed consequently to the Athenian defeat in the Peloponnesian War (431–404 BC). At the request of Lysander, a Spartan admiral, the Thirty men, led by Critias and Theramenes, were to administer Athens and revise the city's democratic laws, which were inscribed on a wall of the Stoa Basileios. Their actions were to facilitate the transition of the Athenian government from a democracy to an oligarchy in service to Sparta.[17]

Moreover, the Thirty Tyrants also appointed a council of 500 men to perform the judicial functions that once had belonged to every Athenian citizen. In their brief régime, the Spartan oligarchs killed about five percent of the Athenian population, confiscated much property, and exiled democrats from the city proper. The fact that Critias, leader of the Thirty Tyrants, had been a pupil of Socrates was held against him.[18]

Plato's presentation of the trial and death of Socrates inspired writers, artists, and philosophers to revisit the matter. For some, the execution of the man whom Plato called "the wisest and most just of all men" demonstrated the defects of democracy and of popular rule; for others, the Athenian actions were a justifiable defence of the recently re-established democracy.[19]

Modern Interpretations of the trial of Socrates

In The Trial of Socrates (1988), I. F. Stone argued that Socrates wanted to be sentenced to death, to justify his philosophic opposition to the Athenian democracy of that time, and because, as a man, he saw that old age would be an unpleasant time for him.[20]

In the introduction to his play Socrates on Trial (2007), Andrew Irvine claimed that because of his loyalty to Athenian democracy, Socrates willingly accepted the guilty verdict voted by the jurors at his trial:
"During a time of war, and great social and intellectual upheaval, Socrates felt compelled to express his views, openly, regardless of the consequences. As a result, he is remembered today, not only for his sharp wit and high ethical standards, but also for his loyalty to the view that, in a democracy, the best way for a man to serve himself, his friends, and his city – even during times of war – is by being loyal to, and by speaking publicly about the truth."
In Why Socrates Died: Dispelling the Myths (2009), Robin Waterfield wrote that the death of Socrates was an act of volition motivated by a greater purpose; Socrates "saw himself as healing the City's ills by his voluntary death".[4]: 204  Waterfield wrote that Socrates, with his unconventional methods of intellectual enquiry, attempted to resolve the political confusion then occurring in the city-state of Athens, by willingly being the scapegoat, whose death would quiet old disputes, which then would allow the Athenian polis to progress towards political harmony and social peace.[21]

In The New Trial of Socrates (2012), an international panel of ten judges held a mock re-trial of Socrates to resolve the matter of the charges levelled against him by Meletus, Anytus, and Lycon, that: "Socrates is a doer of evil and corrupter of the youth, and he does not believe in the gods of the state, and he believes in other new divinities of his own". Five judges voted guilty and five judges voted not guilty. Limiting themselves to the facts of the case against Socrates, the judges did not consider any sentence, but the judges who voted the philosopher guilty said that they would not have considered the death penalty for him.[22]

Rhetorical scholar Collin Bjork contended that Plato's depiction of the trial makes an important contribution to rhetorical theories of ethos, one that countered "prevailing notions of rhetoric as an art primarily concerned with making individual speeches and foreground[ed] instead the rhetorical impact of a lifetime of philosophical-cum-rhetorical activity" (258).[23] And if you need an attorneys in Indonesia territory to address your trial, 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. "Trial of Socrates", en.wikipedia.org., Diakses pada tanggal 25 Maret 2022, https://en.wikipedia.org/wiki/Trial_of_Socrates
2. Ibid.
3. Ibid.
4. Ibid.
5. Ibid.
6. Ibid.
7. Ibid.
8. Ibid.
9. Ibid.
10. Ibid.
11. Ibid.
12. Ibid.
13. Ibid.
14. Ibid.
15. Ibid.
16. Ibid.
17. Ibid.
18. Ibid.
19. Ibid.
20. Ibid.
21. Ibid.
22. Ibid.
23. Ibid.

Kamis, 17 Maret 2022

These 5 Acts Are Crimes in Indonesia

(iStock)

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

Selasa, 15 Maret 2022

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

(gettyimages)

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.

Massachusetts Court Jurisprudence: Wedding Ring Must Be Returned If Marriage is Void

   ( iStock ) By: Team of Hukumindo Previously, the www.hukumindo.com platform has talk about " A Young Woman From England, Falls In Lo...