Money Laundering Crimes Research Articles

Proof Of Criminal Origin Related To Money Laundering In Mutual Fund Investment Activities In Supreme Court Decision Number 2937 K/Pid.Sus/2021

The crime of money laundering in the form of mutual fund investments is a serious crime that can threaten the stability of the financial system and economy. Perpetrators use mutual funds as a means to disguise the origin of illegal funds resulting from criminal acts, such as corruption, which are then invested as if they were legitimate funds. This not only harms the country financially, but can also reduce investor confidence in the mutual fund industry. Therefore, it is important to examine the criminal liability of perpetrators of money laundering in mutual fund investments in order to maintain the integrity of the financial system and provide a deterrent effect for perpetrators of similar crimes. This research is aimed at analyzing the legal regulation of criminal acts of money laundering in mutual fund investment activities in Indonesia, proof of predicate crimes related to criminal acts of money laundering in mutual fund investment activities in Supreme Court Decision Number 2937 K/Pid.Sus/2021, as well as criminal responsibility for perpetrators of these crimes. money laundering crime in mutual fund investment activities in Supreme Court Decision Number 2937 K/Pid.Sus/2021.The research method used is normative juridical research, which is supported by primary and secondary data sources. All legal materials were collected using library research techniques using document study data collection tools. Apart from that, field studies were also carried out using interview methods and analyzed qualitatively.The results of the research and discussion concluded that the legal regulations related to the crime of money laundering in mutual fund investment activities in Indonesia are as regulated in Law Number 8 of 2010. Based on Supreme Court Decision Number 2937 K/Pid.Sus/2021, it can be concluded that the defendant Benny Tjokrosaputro proven to have committed a criminal act of corruption together with other parties in managing investments at PT Asuransi Jiwasraya (Persero) which caused state losses amounting to IDR 16.807 trillion, as well as a money laundering crime of IDR 6.078 trillion, so he was sentenced to life imprisonment and payment of compensation to the state, based on valid evidence at trial and the fulfillment of the elements of the criminal act in accordance with the articles charged.

WHITE COLLAR CRIME AS ORGANIZED INSTITUTIONAL CRIME

The object of treatment in this paper is the problem of detection and treatment of corruption. There is no single definition for corruption and in this case it is limited to the corruption practices of white-collar crime, being a link to institutional organized crime, with confirmation of the suspicion of crime in the Prosecutor's Office - especially that of serious crimes which is the main pillar of the state in this right to enforce the law and fight the phenomenon, as well as the state courts. Its meaning is broad and cannot be defined only by accepting or giving a bribe to an official or buying it, as is often practiced. Corruption is often carried out by a highly organized group of people, which gives us elements of institutional organized crime. Since corruption, especially political corruption, is carried out by highly qualified and professional persons, this greatly complicates the operation of the law, detection, investigation, prosecution and judgment of authoritative persons, decision-makers, due to the great powers to hide the traces of corruption and especially the crime of money laundering, being a serious consequence and with great material and moral damage for the citizens of a state. Due to the problems leading to the discovery and proof of this crime and due to the way it is committed, the secret nature, corruption is part of the crimes where the rate of proof is extremely low or even definitely impossible. The work is mainly elaborated on the problems encountered not only by the agencies, the bodies that have a mandate to prevent and fight this negative phenomenon in our society, but also the media and especially the citizens who are involved in harm from authoritative persons and state institutions. A major problem where the citizen there is no address for orientation and when the organized Institutional group usurps the State Institutions and in some form is created as a Mafia group.

Legal Protection for the Suspect's Wife in Handling Money Laundering Cases: Evidence from the Indonesian National Narcotics Agency

Money laundering is a stand-alone crime, although money laundering is born from its original crime, such as corruption, but the anti-money laundering regime in almost all countries places money laundering as a crime independent of its original crime. In handling narcotics criminal cases, the suspect's wife is sometimes made a suspect in a money laundering crime. Seeing this, clear restrictions are needed in order to achieve legal certainty, legal protection and justice for wives who are determined to be perpetrators of money laundering crimes. This is qualitative research using a statutory approach, case and conceptual approaches. The primary legal materials resulted from relevant laws and legislation. The legal material collected is analysed prescriptively. The results show that there is a difference in treatment of the perpetrator's wife in almost the same narcotics criminal cases, indicating that investigators in money laundering criminal cases do not yet have standard procedures. Hence, the assessment is based on the investigator's subjectivity. As a special crime, the crime of money laundering requires formulating procedural law that is different from ordinary criminal procedural law.

Analysis of The Flow of Funds of Money Laundering Crime With Predicate Crime of Narcotics Crime by Foreign Nationals, A Case Study at the National Narcotics Agency of Bali Province

The flow of funds of foreign nationals at home and abroad can be used in proving money laundering crimes in Indonesia because based on Article 69 of Law Number 8 of 2010 concerning Prevention and Eradication of Money Laundering Crimes, which states that in order to be able to carry out investigations, prosecutions, and examinations in court against money laundering crimes, it is not mandatory to prove the original criminal act first, with this intention it does not mean that in conducting investigations, prosecutions, and examinations in court it is not mandatory to prove the original criminal act. This study aims to determine and analyze the analysis of the flow of funds of money laundering crime with predicate crime of narcotics crime by foreign nationals. This research method uses normative research supported by empirical research using various types of primary legal materials. The results show that the flow of funds of foreign nationals at home and abroad can be used in proving money laundering crimes in Indonesia because based on Article 69 of Law Number 8 of 2010 concerning Prevention and Eradication of Money Laundering Crimes, which states that in order to be able to carry out investigations, prosecutions, and examinations in court against money laundering crimes, it is not mandatory to prove the original criminal act first. This research has implications for the importance of strengthening international cooperation in tracing and tracking the flow of funds involving foreign nationals, as well as the need to strengthen regulations related to the supervision of cross-border financial transactions.

Mining corruption, environmental damage, and the increasing unauthorized properties of state officials

Indonesia is blessed with natural resources in the form of minerals and coal. Their use must be directed towards the greatest welfare and prosperity of the people based on the 1945 Constitution. However, what is currently happening is the opposite. the Attorney General revealed case of alleged corruption in the trading system of tin commodities in the Bangka Belitung region. The suspects include businessmen, directors, crazy rich Indonesians, and artists who are now increasingly attracting public attention. The total state losses were equivalent to $16,667 billion USD. This research used a sociological legal research model. The research object was the legal behavior in the reality of society. It was found that to formulate appropriate law enforcement for mining corruption, Friedman’s legal system theory approach was used. This theory includes legal structures, with good synergy from each law enforcement institution. Concerning the legal substance, apart from using the Corruption Crime Law, perpetrators also need to be impoverished by regulating the crime of money laundering. In terms of legal culture, state officials should uphold ethics and integrity to achieve good governance. Meanwhile, restoration of environmental damage resulting from mining activities can begin with future environmental policies that are directed towards ensuring the safety and health of the human life as well as controlling the wise use of natural resources. The integration of environmental law and Islam can be carried out using a prophetic ethical approach. The prophetic paradigm interprets nature as something sacred as humans only borrow it and manage.

Trends and Prevention of Cryptocurrency-Based Money Laundering Crimes

Trends and Prevention of Cryptocurrency-Based Money Laundering Crimes

Protection of Domestic and International Arbitration and Alternative Dispute Resolution from Money Laundering

This research aims to mitigate and prevent the transmission of the effects of money laundering to the special judiciary facility, which is the arbitration and the rest of the alternative dispute resolution methods. For individuals, to not lose their confidence in this facility and breach its credibility and integrity. Which it may lead to the reluctance of companies and persons from this facility, and its exploitation by criminals and criminal organizations. The importance of the arbitration facility is that it's a special judiciary whose integrity must be protected and ensured against money laundering crimes. Despite of all, FATF Recommendations (which are considered by most specialists in combating money laundering and terrorism tend to be their constitution to combat these crimes) are not addressed this issue. Most of the international and domestic legislations, to put in place preventive measures and due diligence programs towards the client, and to establish integrity requirements in selecting arbitrators, mediators, and conciliators. Thus, all this effort to ensure the protection of this facility from criminal activities and its passive exploitation to achieve criminal objectives.

PERTANGGUNGJAWABAN PIDANA PELAKU TINDAK PIDANA PENCUCIAN UANG MELALUI TERANSAKSI GAME ONLINE

The perpetrators of money laundering in Indonesia have starting taking advantage of current technological developments. One of them being the transactions of online gaming. This is due to the absence of sanctions that can be imposed. This research aims to explore different money laundering crimes that occur within online gaming in Indonesia and the forms of criminal responsibility for the perpetrators of these crimes. The method used in writing this journal was normative legal research where there is obscurity and emptiness of legal norms in Law Number 8 of 2010 concerning Prevention and Eradication of Money Laundering Crimes (Hereinafter referred to as the TPPU Act). The results of this research showed that the TPPU Law did not yet regulate if there was a phenomenon of money laundering through online gaming, but the perpetrators of money laundering through transactions online game could be charged with Article 47 of Act No. 11 of 2008 concerning Transactions and Electronic Information (hereinafter referred to as Law ITE). The form of criminal liability for money laundering perpetrators through transactions online games can be seen in Article 47 of the ITE Law which states that perpetrators who fulfill the elements of Article 31 paragraph (1) or paragraph (2) are given criminal sanctions in the form of a maximum of 10 years imprisonment and/or fines up to Rp. 800,000,000.00.

Digital Evidence Tracing in the Investigation of Identity Theft in the E-Commerce Era

This research analyzes the application of regulations in prosecuting cyber crime in identity theft on e-commerce platforms in Indonesia. This study uses normative juridical research methods. This research considers various relevant laws, such as the Information and Electronic Transactions Law (UU ITE), the Criminal Code (KUHP), the Copyright Law, the Telecommunications Law, the Company Documents Law, and the Money Laundering Crime Law. Analysis shows that this law provides a strong legal basis for law enforcement to take action against cybercriminals and impose appropriate criminal sanctions. Apart from that, the law regulates electronic evidence, strengthening the investigation process against perpetrators. However, prosecuting cybercrime cases of identity theft on e-commerce platforms often experiences obstacles, especially in arresting suspects and confiscating evidence. This is due to the characteristics of digital crimes which are often complex and difficult to trace, as well as the lack of adequate capabilities and resources on the part of law enforcement in handling these types of cases. Greater efforts are needed to increase law enforcement capacity, as well as closer cooperation between authorities and e-commerce platform providers to increase the effectiveness of law enforcement in dealing with cybercrime

Money Laundering And Corruption Offences After The Constitutional Court Decision Number 77/PUU-XII/2014

The application to the Constitutional Court with the Constitutional Court decision number 77/PUU-XII/2014 was based on the dissinting opinion of Hakum Alecander Mawarta in the TPPU case of the Central Jakarta District Court with Case Number 10.Pid.Sus-TPK/2014/PN.JKT.PST. Based on this judicial review, the Constitutional Court stated that the existence of Article 69 in Law No. 8/2010, which states that law enforcement officials are allowed to investigate, investigate and examine ML/TF cases without proving the original crime, is questionable because it is not in accordance with the characteristics of ML/TF as a continuation of the original crime. Thus, there are juridical implications that will occur related to the prevention of ML, among others: potential acquittal of the defendant; violation of the principle of presumption of innocence, contrary to the concept of proof adopted in Indonesia and so forth. Of course, in this research, the author will reconstruct the placement of the Money Laundering Crime as Independent Crimes along with its legal implications in practice. This is because the placement of the Money Laundering Crime as Independent Crimes has given legal consequences to the legal system adopted in Indonesia, one of which is the Presumption of Innocence. This research is a descriptive analytical literature research using juridical-normative approach and qualitative deductive method. In doing so, it is concluded that the development of ML has experienced increasingly complex developments and legal breakthroughs that place ML as a stand-alone criminal offence.

DONOR DUE DILIGENCE, EDUCATION, DONOR STATEMENTS, AND FINANCIAL REPORT TRANSPARENCY AS A PREVENTION OF MONEY LAUNDERING IN ISLAMIC PHILANTHROPY

This study aims to explore the potential for money laundering in Islamic philanthropic institutions and how to prevent it. This study uses a descriptive-qualitative method with a literature study approach. Islamic philanthropic activities consist of three activities: collection, management, and distribution. The results show that the potential for criminal acts of money laundering in Sharia philanthropic institutions is in fund collection activities. The potential for money laundering arises from donors with a donation value of more than IDR 500 million, with the condition that the donor does not provide information regarding the source of the funds, so it is not known whether the origin of the funds comes from legal or illegal activities. This study provides recommendations for preventing money laundering through the implementation of donor due diligence, education regarding money laundering warnings to the public, blank donor statements stating that the funds deposited are not from money laundering activities resulting from criminal acts or other illegal sources, and maintaining transparency in financial reporting for the collection and distribution of funds. This study contributes to helping Islamic philanthropic institutions solve problems related to money laundering crimes and formulate effective prevention models for anticipating money laundering crimes.

Understanding the Crime of Money Laundering in the Concept of Criminal Law in Indonesia

<em><span lang="EN-US">Nowadays, the patterns and behaviors of Money Laundering constitute efforts to conceal or disguise the origin of money or wealth resulting from criminal activities through various financial transactions, making the money or wealth appear as if it comes from legal activities. Several common or frequent actions are taken in the process of committing money laundering to "cleanse" the proceeds of crime. Firstly, the money generated from criminal activities is transformed into a form that arouses little or no suspicion through placement into the financial system using various methods. The second step involves engaging in complex, layered, and anonymous financial transactions with the aim of separating the proceeds of crime from their source into various accounts, making it difficult to trace the origin of the funds, essentially hiding or disguising the origin of the wealth resulting from criminal activities (layering). The final step is where the perpetrator reintroduces the funds that have been obscured in their origin into legitimate wealth, whether to be enjoyed directly, invested in various forms of material or financial wealth, used to finance legitimate business activities, or to fund further criminal activities (integration).</span></em>

The Obligation of Notary as a Reporter in Efforts to Prevent and Eradicate Money Laundering Crime

Money laundering is a structured and diverse crime, the implementation of which can utilize financial institutions and institutions outside the financial system. In Government Regulation No. 43/2015 on Reporting Parties in the Prevention and Eradication of ML, it is stated that notary is one of the reporting parties. However, this obligation to report conflicts with the obligation to keep the contents of the deed and all information regarding the deed confidential as stipulated in the Notary Position Law. Notaries in carrying out their duties are bound by an oath of office that they must uphold. One of the notary oaths is regarding notary confidentiality as written in Article 4 Paragraph (2) of Law Number 30 Year 2004. In addition, notaries in carrying out their positions, based on Article 16 of UUJN Paragraph (1) letter f, notaries are obliged to "keep confidential everything regarding the deed they make and all information obtained for the making of the deed in accordance with their oath / pledge of office, unless the law determines otherwise". The clash of norms between private law and public law certainly requires legal protection in carrying out their positions. The legal protection applied is related to the guarantee of the rights and obligations of notaries, both regarding their obligations as reporting parties in efforts to prevent and eradicate money laundering crimes and notary obligations in the realm of private law. This legal protection is intended so that notaries can be free from claims or lawsuits in carrying out their obligations as reporting parties in efforts to prevent and eradicate money laundering crimes. KEYWORDS : Notary, Obligations of the Reporting Party, Legal Protection.

THE CONCEPT OF CASH FLOW IN MONEY LAUNDERING IN INDONESIA

The development of criminal acts that occur in a country moves with the development of social civilization. One of the criminal acts in the economic sector that has arisen as a result of modern civilization is the crime of money laundering, namely the concealment of assets resulting from a crime so that it appears as if they originate from a legal source. This article will examine the asset tracing strategy which is an effective step in tackling money laundering crimes. The approach used in discussing the problem is a case study. The results of the research in this article are that efforts to trace assets with a fund tracking process need to be developed and adopt existing technological developments. This is to ensure the effectiveness of handling money laundering in Indonesia.

Kebijakan Hukum Terhadap Perlindungan WHITSLE BLOWER Pada Tindak Pidana Pencucian Uang

Law enforcement against money laundering crimes currently refers to the provisions of Law Number 8 of 2010 concerning Prevention and Eradication of Money Laundering Crimes (UU No. 8/2010 concerning PP-TPPU), which is the legal basis (umbrella law) for enforcers law in preventing and eradicating criminal acts of money laundering. Regarding reporting parties who are burdened with the obligation to report suspicious financial transactions to PPATK, this has been explicitly stipulated in the provisions of Article 17 of Law no. 8/2010 concerning PP-TPPU, where the parties consist of Financial Services Providers and Goods/Services Providers. There are inconsistencies in the formulation of the articles of Law no. 8/2010 concerning PP-TPPU and PP no. 43/2015 as an implementing regulation, will of course have implications for the legal certainty of protection for whistleblowers, which will have an impact on the implementation of reporting not being optimal and ultimately will also have an impact on efforts to prevent and eradicate money laundering crimes. This research is normative research. The research was carried out by researching the literature using a statute approach. The ideal regulation which is more legal and just, is to include several matters relating to whistleblowers in the Special Law on Whistleblowers or the revision of Law no. 31/2014 concerning PSK, namely: regarding information criteria, whistleblower rights, report substance, reporting system, technical protection and rewards for whistleblowers. Barriers to protection for whistleblowers of money laundering crimes, consisting of juridical factors and law enforcement factors . Juridical factors, protection of whistleblowers have not been clearly regulated in Law no. 31/2014 concerning prostitutes. Meanwhile, as a law enforcement factor, there are still differences in perception between law enforcers who are members of the criminal justice system and whistle blowers.

The Role of Notaries/Land Deed Officials in Combating Money Laundering Crimes with the Know Your Customer Principle

This research delves into the alarming intersection of notaries/land deed officials and money laundering crimes, highlighting the role of notarial services as potential facilitators in illicit financial activities. While notaries traditionally serve as impartial witnesses to document signings, their involvement in verifying transactions has increasingly attracted scrutiny due to the potential for abuse by money launderers. This study examines the vulnerabilities within the notarial system that may be exploited for money laundering purposes, including lax regulatory frameworks, inadequate due diligence practices, and the lack of standardized reporting mechanisms. The abstract also explores the challenges in detecting and preventing such illicit activities, emphasizing the need for enhanced regulatory oversight, improved training for notarial professionals, and increased collaboration between regulatory bodies, law enforcement, and the notarial community and also implementing the principle of know your customer. As the findings suggest, addressing these issues is crucial for safeguarding the integrity of notarial services and fortifying the global financial system against the insidious threat of money laundering.

Efektivitas Undang-Undang Perampasan Aset pada Pelaku Tindak Pidana Pencucian Uang Berdasarkan Hukum Pidana

Money laundering is an action to eliminate the source of money resulting from criminal acts which is later found to have been generated legally. Money laundering is a crime that is difficult to crack. Therefore, the application of legal sanctions against perpetrators must be balanced with criminal sanctions and confiscation of assets against perpetrators. This research uses a normative research type with a legal and conceptual approach. The crime of money laundering is a crime that needs attention because it is often associated with losses to the state and society, therefore legal action is needed to deter the perpetrators, but the obstacle that occurs is the punishment in Article 2 of the Assets Bill which only applies confiscation of assets resulting from crime without any punishment of criminals. This is not in accordance with the function of law. So the results and conclusions can be drawn that not implementing punishment against the perpetrator will most likely not have a deterrent effect, therefore it should be important to implement punishment and confiscation of assets because both must be implemented simultaneously as a form of firm state action to provide a deterrent effect.

Implementation of Beneficial Ownership in Corporations to Prevent the Crime of Money Laundering in Accordance with Law Number 8 of 2010

The era of globalization influences the development of the world economy and one of them is the existence of many forms of business associations, in this case called corporations. Corporations are organized groups and/or assets, whether they are legal entities or non-legal entities. Corporations are often used as a place or business turnover for the proceeds of crime which is called money laundering. Crimes that are often committed by corporations are crimes related to money laundering. To prevent and eradicate the crime of money laundering, corporations must register their beneficial owners. A beneficial owner is an individual who can appoint or dismiss directors, commissioners, administrators, managers or supervisors of a corporation, has the ability to control the Corporation, is entitled to and/or receive benefits from the Corporation either directly or indirectly, is the actual owner of the funds or shares of the Corporation and/or fulfill the criteria as intended in the Presidential Regulation. The method used in this research is normative juridical, which is research using statutory regulations as study material. The data collection technique used by researchers in this research is a library study technique where data is obtained from scientific writings and research in articles and other journals. In order to prevent and eradicate the crime of money laundering, Law Number 8 of 2010 concerning the Prevention and Eradication of the Crime of Money Laundering was issued, as well as Presidential Decree Number 13 of 2018 concerning the Application of the Principle of Recognizing the Benefits of Corporations in the Context of Preventing and Eradicating the Crime of Money Laundering and Terrorism Financing Crime. When establishing a corporation, the beneficial owners of the corporation must be registered. The hope of this regulation is to prevent and eradicate criminal acts of money laundering carried out by corporations under the pretext or business reasons of corporate businesses.

Blocking of Other Party's Account Used by Suspect of Money Laundering Crime in Narcotics Case

This study aims to analyze the action of blocking accounts of other parties used by suspects of money laundering crimes in narcotics cases. The research adopts a normative legal approach with a descriptive nature. The focus of this study is on the process and legal implications of blocking accounts of other parties in narcotics cases involving money laundering. The legal approach in this research includes analyzing relevant laws and understanding related legal principles. The findings of this study will provide insights into the practice of blocking accounts in the context of narcotics law enforcement and money laundering, as well as its implications within the criminal justice system. The conclusion of this research will offer a better understanding of how the process of blocking accounts of other parties can contribute to the effective handling of narcotics and money laundering cases.

Reverse Evidence System in TPPU and Corruption Criminal Verdict Cases

<p>In the context of criminal law, the burden of proof generally lies with the prosecution. However, in cases of Money Laundering (TPPU) and Corruption, there is a unique phenomenon in the form of a 'reverse evidence system'. This system allows the burden of proof to be shifted to the defendant to prove that the assets or property he owns come from a legitimate source. This phenomenon emerged in response to the difficulty of uncovering the extensive networks and complex methods used by TPPU and corruption perpetrators. Through a literature study, this research explores the origins, legal basis, and implications of applying the reverse evidence system in these cases. The research results show that although this system has advantages in increasing the effectiveness of prosecutions, it also raises controversies related to human rights principles and principles of justice. It is important for legal practitioners to understand the balance between efforts to eradicate crime and protect individual human rights.</p><p>Keywords: Burden of Proof; Corruption; Human Rights; Money Laundering Crime (TPPU); Reverse Evidence System.</p>