REFORMING CRIMINAL PROCEDURE LAW: CRYPTOCURRENCY AS EVIDENCE IN MONEY LAUNDERING INVESTIGATIONS

Abstract

Cryptocurrency is regarded a new form of evidence yet it lacks explicit and clear regulatory recognition in the Criminal Procedure Code, the Information and Electronic Transactions Law (ITE), and the Money Laundering Law. This normative juridical research addresses the role of electronic currency as evidence in the investigation of money laundering cases. The research involved a thorough literature review, examining secondary data including primary legal materials, scholarly articles, expert opinions, and their implications for legislation. Current regulations within the Criminal Procedure Code, the Money Laundering Law, and the ITE do not adequately reflect the advancements in digital currencies. This gap suggests that the procedures for investigating and gathering evidence involving electronic money should be explicitly addressed in the new Draft Criminal Procedure Code to ensure that formal criminal procedures adapt effectively to contemporary technological developments.