Cross–Border Law Enforcement Against Money Laundering Suspects In South East Asia Nations (Asean) Through “Mutual Legal Assistance” And Its Interaction To Asean Economic Community

Abstract

Money laundering has developed into a trans-national crime which unsettles international community. The advancement of technology facilitates the money laundering into a transnational crime and high-tech crime. This cross-border crime is a common enemy, since it brings overwhelming and opposite economic consequences among countries in the world. Given the cross-border nature of this crime, the effectiveness of law enforcement in prosecuting the perpetrators or fugitives in other countries is questionable. The customary legal framework between two states in handling such criminal lies in extradition treaty. However, concluding extradition treaty is a difficult task, in particular among countries in Southeast Asia. Moreover, the execution of extradition treaty has always been crammed by obstacles which arose from different interest between requesting and receiving country. In this regard, the need to reconstruct the law enforcement framework and mechanism in eradicating this crime is paramount. In Southeast Asia, strengthening law enforcement among countries in tackling this trans-national crime is imperative, especially in ensuring legal cooperation would enhance the economic development of ASEAN member states in the midst of ASEAN Community. While agreement on the extradition treaty between or amongst Southeast Asia seems difficult to progress, ASEAN member states have agreed on a mutual legal assistance treaty in 2004 (MLA). This study is aimed to show the use of MLA as an alternative instrument to enforce money laundering crime. This research is conducted through a Doctrinal approach to answer money laundering’s configuration in Indonesia and ASEAN and the possibility of using MLA as an alternative instrument for the extradition treaty.