Legal Reconstruction of Criminal Accountability for Bank Employees Who Participate in the Criminal Acts of Money Laundering Based on Justice Value

Abstract

The objectives of this research are to analyze and find out the weaknesses in the criminal liability of Bank employees who are participating in money laundering crime and how to reconstruct the law based on the value of justice. The method used in this study uses a normative juridical approach with a constructivist paradigm. The results of the research and discussion show that the weaknesses of the law lie in the Criminal liability in the provisions of Law no. 10/1998 concerning Banking is not in line or there is no legal synchronization with the provisions of Law no. 8/2010 concerning TPPU, specifically the provisions of Article 6 paragraph (2) of Law no. 8/2010 concerning ML, which stipulates that a Bank in its position as a corporation can also be held criminally responsible. Provisions of Law no. 10/1998 concerning Banking, although it recognizes corporations as subjects of criminal law, the criminal responsibility system implemented still adheres to the individual criminal responsibility model, which only imposes accountability on controlling personnel. Therefore, the legal Reconstruction of criminal responsibility of Bank employees who participated in committing money laundering crimes based on the value of justice can be done by not only asking for and imposing criminal responsibility on controlling personnel (in this case the Board of Commissioners, Directors, and Bank Employees) but also being able to hold accountability for Banks as corporations implement an aggregation model corporate criminal liability system.