Factors Affecting the Enforcement of Money Laundering in Indonesian Criminal Justice Systems

Abstract

Law enforcement against the perpetrators of money laundering crimes in Indonesia is still not optimal because it is related to other criminal acts which constitute predicate crimes. This study aims to find and analyze the process of law enforcement against the perpetrators of money laundering crimes in the criminal justice system in Indonesia and the factors that influence it. The method of approach in this research is sociological juridical, with primary and secondary data sources. Primary data were obtained by conducting interviews with four judges in Sumber District and Cirebon district courts whereas secondary data is obtained by conducting a literature study on the legislation, research results, journals, books, legal dictionaries. The data obtained were then analyzed using qualitative descriptive methods. The results showed that the process of law enforcement for money laundering in Indonesia is based on Article 69 of Law Number 8 of 2010 concerning Prevention and Eradication of Money Laundering Criminal Acts, stipulating that investigations, prosecutions and examinations at a court hearing cannot be proven. Predicate crime (predicate crime), as for the factors that influence the process of law enforcement against the perpetrators of the factors covering the legislation, lack of cooperation between law enforcement officials and the legal culture.