Money Laundering Crimes Research Articles

EFFECTIVENESS OF INVESTIGATIONS AGAINST PEOPLE OF THE CRIME OF MONEY LAUNDERING BY THE DIRECTORATE OF SPESIAL CRIMINAL RESEARCH OF THE SOUTH SULAWESI REGIONAL POLICE

This research was conducted with the aim of (1) Knowing and analyzing the effectiveness of investigations into perpetrators of money laundering crimes by the special criminal investigation directorate of the South Sulawesi Regional Police, (2) Knowing and analyzing the factors that become obstacles, and efforts to overcome obstacles in investigations against perpetrators of money laundering crimes by the special criminal investigation directorate of the South Sulawesi Regional Police. This research method uses primary data and secondary data. Primary data was obtained through interviews, while secondary data was obtained through documents, scientific journals and scientific articles. The results of this research show that: (1) The effectiveness of investigations into perpetrators of money laundering crimes by the South Sulawesi Regional Police Special Directorate is said to be less effective because money laundering cases in 2022 experienced a three-fold increase in the number of cases from 2020 & 2021, even within a period of three years. Lastly, there are cases that are not processed because there are factors that become obstacles in the investigation of criminal acts of money laundering (2) Factors that become obstacles and efforts to overcome obstacles in the investigation of perpetrators of criminal acts of money laundering by the South Sulawesi Dirskremsus, where the factors Obstacles to investigations are: lack of human resources for police investigators handling money laundering cases, differences in law enforcement interpretations, high levels of bank secrecy, lack of compliance by financial service providers, technological capabilities misused by suspects to carry out their modus operandi in such a way as to disguise or even eliminate no trace at all in the transaction. Therefore, based on the research results, it was found that efforts to overcome obstacles in investigating perpetrators of money laundering crimes include: increasing human resources for police investigators, increasing understanding between law enforcers, increasing police access to banking, providing strict sanctions for banks that do not comply)

The Jurisdiction of the Prosecutor's Office is to Confiscate Assets and Eradicate the Crime of Money Laundering

Simply put, money laundering is the criminal act of transforming the proceeds of crimes, or what is known as "dirty money," such as money obtained through smuggling, gambling, tax evasion, drug sales, or corruption, into a form that seems safe and legal for use. Both a conceptual and legislative approach are used in this normative research. Legal approach by examining Law Number 20 of 2001 concerning Amendments to Law Number 31 of 1999 concerning Eradication of Corruption Crimes and Law Number 8 of 2010 concerning Eradication of Money Laundering Crimes. The practice of seizing property used in illicit conduct with the goal of returning it is known as asset confiscation. The meaning of the term confiscation is connected to confiscation which is commonly used in the asset confiscation system for the purpose of returning asset recovery as used in UNCAC 2003

The Urgency of Comprehensive and Integrated Digital Asset Regulation

Cryptocurrency has grown rapidly since it was first introduced to the public. Many countries, including Indonesia, have begun to adopt special regulations for cryptocurrencies in response to the exponential growth and penetration of cryptocurrencies in the traditional financial system. Regulations aim to protect investors, ensure economic stability, and prevent illegal activities such as terrorism, money laundering and tax evasion. In January 2023, Law Number 4 of 2023 concerning Development and Strengthening of the Financial Sector ("UU P2SK") was enacted as a form of financial sector reform. Starting January 2025, regulation and supervision of cryptocurrency transactions will be carried out by the Financial Services Authority (OJK) replacing the Commodity Futures Trading Supervisory Agency (Bappebti) which has established several regulations regarding Crypto assets. But until now There are no regulations regarding permits or prohibitions for influencers/celebrities in marketing crypto assets via social media or other media to the public even though these regulations are needed to mitigate the incidence of victims and losses, as in several cases that have occurred. In the future, a comprehensive and integrated regulation is needed with other laws and regulations such as the Terrorism Law, the Money Laundering Crime Law, the Consumer Protection Law, the ITE Law, the Criminal Code and other related laws and regulations, in order to keep up with the rapid development of cryptocurrency and the changing character of the digital world. global and borderless.

Corporate Responsibility in the Crime of Money Laundering in Indonesia

The crime of money laundering has a direct or indirect negative effect on the country's economy, as a negative effect on the effective use of resources and finances. TPPU issues are not only related to legal and law enforcement issues, but are also directly related to and affect national financial and economic issues, including national investment issues. The method used in this research is normative legal research which is carried out as an effort to obtain the necessary data regarding the problem. The data used is secondary data consisting of primary legal material, secondary legal material and tertiary legal material. Besides that, primary data is also used as supporting secondary data. Data analysis was carried out using qualitative juridical analysis methods. The research results obtained are that TPPU practices involve a lot of resources and funds that are used for illegal activities and can be detrimental to society, and a lot of funds cannot be used optimally. Proceeds of crime are usually invested in countries where money laundering appears safe, although returns are lower. The proceeds of this crime can be transferred from countries with good economies to countries with poor economies. Because it has a negative impact on financial markets and weakens citizens' trust in the international financial system.

Judicial decisions in money laundering cases: the Influence of monetary compensation and sentencing guidelines in South Korea

ABSTRACT This study investigates the impact of sentencing guideline factors on judges’ decisions regarding in/out and the length of imprisonment for individuals convicted of money laundering-related offenses in South Korea. Analyzing a dataset of 413 cases involving money mule activities from 2021, the research employs binary logistic regression and negative binomial regression models to establish an association between predictors and sentencing outcomes. The study found that defendants who provided monetary compensation to their victims were significantly more likely to be placed on probation than those who did not. Additionally, it was found that monetary compensation to victims had the most significant impact on the decisions regarding the length of imprisonment among the factors outlined in the sentencing guidelines. This finding serves as a warning sign for prospective job seekers, revealing the potentially dire ramifications of involvement in money laundering crimes.

Juridical Analysis of Criminal Sanctions for Money Laundering Proceeds of Narcotics Crimes

Money laundering proceeds of narcotics crimes is a criminal offense regulated in Law Number 8 of 2010 concerning prevention and eradication of the crime of money laundering. This crime is a serious crime that can endanger economic stability and state security. Criminal sanctions for laundering money from narcotics crimes are regulated in Article 3 of Law Number 8 of 2010. The criminal sanctions that can be imposed on perpetrators of this crime are in the form of a maximum imprisonment of 20 years and a maximum fine of IDR 10 billion. A juridical analysis of criminal sanctions for laundering money from narcotics crimes needs to be carried out to determine whether these sanctions are in accordance with the objectives of regulating this criminal act. The aim of regulating the crime of money laundering resulting from narcotics crimes is to prevent and eradicate the crime of money laundering, as well as to protect the interests of society and the national economy. Criminal sanctions for laundering money from narcotics crimes are in accordance with the objectives of regulating this crime. These criminal sanctions are preventive and repressive, so they can prevent and eradicate money laundering crimes, as well as provide a deterrent effect to perpetrators.

The Validity Of The Additional Obligations Of The Notary Profession Through PP Number 43 Of 2015 Of The Notary As The Reporting Party

The Indonesian government has enacted Law Number 8 of 2010 concerning the Prevention and Eradication of Money Laundering, along with its implementing regulation, Government Regulation Number 43 of 2015 on Reporting Parties in the Prevention and Eradication of Money Laundering Crimes. This regulation designates Notaries as one of the reporting parties in Suspicious Financial Transactions related to Money Laundering (TFM), obligated to submit reports to the Financial Transaction Reports and Analysis Center (PPATK). Meanwhile, Article 16 paragraph (1) letter f of the Notary Law states that in carrying out their duties, Notaries must maintain the confidentiality of deed contents. Here, there is a contradiction between legal regulations. This study aims to examine and analyze the validity and legal consequences of the additional professional obligations for Notaries as stipulated in the Notary Law, supplemented by Government Regulation Number 43 of 2015, designating Notaries as reporting parties in TFM related to Money Laundering. The research indicates that the confidentiality duty of Notaries is not absolute; in other words, the obligation to maintain confidentiality in the Notary Law can be set aside by other laws, in this case, the Law on the Prevention and Eradication of Money Laundering through Government Regulation Number 43 of 2015, a directly authorized implementing regulation. The additional obligation as a reporting party cannot be considered a violation of the principle of notary confidentiality but rather a form of protection, with Minister of Law and Human Rights Regulation Number 9 of 2017 serving as an implementation of the prudence principle for Notaries in performing their duties. Furthermore, the legal consequences for Notaries, if they breach their duty as keepers of official secrets, may include criminal sanctions based on Article 322 of the Criminal Code and Law Number 43 of 2009 concerning Archives, civil sanctions under Article 1365 of the Civil Code, and administrative sanctions under Article 85 of the Notary Law. Additionally, if a Notary fails to report suspicious financial transactions resulting in criminal activities, the Notary faces the threat of punishment as regulated in Article 5 of the Law on the Prevention and Eradication of Money Laundering, which includes passive involvement in money laundering crimes (Article 55 of the Criminal Code) and active assistance in criminal activities (Article 56 of the Criminal Code).

Imposition of Criminal Sanctions on Corporations and/or Corporate Control Personnel Who Commit Money Laundering Crimes

This research purpose is to describe law enforcement arrangements for corporations and/or corporate control personnel for money laundering crimes. The author uses a normative juridical approach, using primary and secondary data. Data analysis uses qualitative analysis. In Indonesia, legal regulations regarding the prevention and eradication of money laundering crimes were initially regulated in Law Number 15 of 2002 concerning the Crime of Money Laundering (UUTPPU) which was later revised into Law Number 25 of 2003 and subsequently revoked and replaced by Law- Law Number 8 of 2010 concerning Prevention and Eradication of the Crime of Money Laundering. The results show that perpetrators of money laundering crimes are subject to sanctions based on Articles 6, 7, 8, 9, and 10 of Law Number 8 of 2010 concerning Money Laundering Crimes. Apart from that, to anticipate the occurrence of money laundering criminal attempts in Indonesia by postponing transactions with assets suspected to originate from criminal acts. Blocking of assets known to originate from criminal acts, and Temporary suspension of transactions related to money laundering crimes.

Law Enforcement of the Crime of Money Laundering Against Perpetrators of Mining Without a License in Indonesian Territory

The purpose of this research is to describe law enforcement arrangements for unlicensed mining actors involved in money laundering crimes. The author uses a normative juridical approach, using primary and secondary data. Data analysis uses qualitative analysis. Regulation of the Minister of Energy and Mineral Resources of the Republic of Indonesia Number 11 of 2018 concerning Procedures for Granting Areas, Licensing and Reporting to Mineral and Coal Mining Business Activities, in Article 1 paragraph 10 it is stated that the Rock Mining Business Permit Area, referred to as the Rock WIUP, is part from the Batuan WUP which is given to Business Entities, cooperatives and individuals through applications. So, everyone has to go through an application first to get a Mining Business Permit Area (WIUP). In Indonesia, legal regulations regarding the prevention and eradication of money laundering crimes were initially regulated in Law Number 15 of 2002 concerning the Crime of Money Laundering (UUTPPU) which was later revised into Law Number 25 of 2003 and subsequently revoked and replaced by Law- Law Number 8 of 2010 concerning Prevention and Eradication of the Crime of Money Laundering. The results show that perpetrators of money laundering crimes are subject to sanctions based on Articles 6, 7, 8, 9, and 10 of Law Number 8 of 2010 concerning Money Laundering Crimes.

Assessment of the Succes Implementing Mobile Banking at East Nusa Tenggara Bank

This research aims to determine the influence of Information Quality, Information System Quality, Service Quality, on User Satisfaction. This research uses a quantitative approach, this research was conducted at Bank Nusa Tenggara Timur (NTT). Bank NTT launched a Mobile Banking application (B'Pung Mobile) but does not yet have permission from Bank Indonesia so a system analysis needs to be carried out regarding the quality provided. This research refers to Financial Services Authority (OJK) regulations regarding the Crime of Money Laundering (TPPU), the Crime of Terrorism Financing (TPPT), and the Funding for the Proliferation of Weapons of Mass Destruction (PPSPM). The sampling method uses the incidental sampling method. The sample in this research is Bank NTT customers who use Mobile Banking. The total sample in this study was 200 samples. This research data was collected using a questionnaire which was then processed using multiple linear regression analysis tests with the help of SPSS version 24. The results of the research state that (1) Information Quality partially has a positive and significant effect on Mobile Banking User Satisfaction at Bank NTT. (2) Information System Quality partially has a positive and significant effect on Mobile Banking User Satisfaction at Bank NTT. (3) Service Quality partially has a positive and insignificant effect on Mobile Banking User Satisfaction at Bank NTT.

"Combating Money Laundering Crimes: International and National Perspectives in the United Arab Emirates"

The fight against money laundering crimes has received international and local attention in the country, due to the seriousness of the crime on the international and internal community, which undoubtedly has many negative effects in economic, social and political terms, and among the effects of money laundering crimes is the increase in crimes and corruption, threatening economic stability and weakening financial institutions. Through regulatory and legislative applications, we find the tireless efforts of the state in strengthening the legislative and regulatory system in combating money laundering crimes and the prominent role of the state at the international and national levels, and the UAE legislator has clarified that anyone who was aware that the funds were obtained from a felony or misdemeanor and deliberately transferred or transferred the proceeds or conducted any operation with the intention of concealing or disguising their illegal source, or concealed or disguised the truth of the proceeds, or their source, is considered a perpetrator of the crime of money laundering. or its place, manner of disposal, movement, ownership or rights thereof, or acquired, possessed or used the proceeds upon receipt, or assisted the perpetrator of the predicate crime to escape punishment.

Juridical Analysis of the Crime of Money Laundering from the Proceeds of Narcotics Crimes (Study of Supreme Court Decision Number 386.K/Pid.sus/2022)

A new paradigm in solving the problem of eradicating money laundering crimes which are linked to narcotics crimes, where these narcotics crimes are the lifeblood of the mafia and at the same time the proceeds of narcotics crimes with the money laundering mode are a weak point for the mafia which is easy to detect. This research aims to find out how law enforcement is regulated for laundering money from narcotics crimes. How to implement the obstacles and solutions for law enforcement in the crime of laundering money from narcotics crimes. What is the analysis of law enforcement for the crime of money laundering resulting from narcotics crimes in the Supreme Court Decision Number 386.K/Pid.sus/2022. This research uses a normative juridical research method that is descriptive analysis, namely research carried out by examining library materials (secondary data) or library legal research. To obtain primary data, field research was carried out in the form of interviews. Obstacles faced in preventing TPPU crimes from the proceeds of narcotics crimes. Incompatibility of understanding between law enforcement officials regarding TPPU is the main obstacle. Without a common perception between investigators public officials and judges, the handling of money laundering cases will end in the perpetrator being released from the law. TPPU. Rapid advances in technology make it difficult to detect money laundering due to TPPU modes and techniques. The research results show that the criminal threat of money laundering is regulated in article 3, namely a maximum prison sentence of 20 (twenty) years and a maximum fine of IDR 10,000,000,000. The panel of judges at the District Court that hears money laundering criminal cases acts decisively in handing down criminals, especially because the investigation process usually receives scrutiny from the public, such as money laundering from narcotics crimes and corruption.

Study on the Governance Problems and Improvement of Virtual Currency Money Laundering Crimes

Study on the Governance Problems and Improvement of Virtual Currency Money Laundering Crimes

Desinterés a las políticas públicas en la praxis de la política criminal: Una mirada objetiva al sistema de justicia en los casos de lavado de activos

The objective of this article is to describe the disinterest in public policies on the part of the Peruvian state in the application of a criminal policy, taking as a reference the norms and policies approved for the repression of money laundering crimes. For this, an analysis was carried out of the axis of investigation and criminal sanction of the National Policy against Money Laundering and the Financing of Terrorism, together with the results of the actions shown by its management instrument, being the National Plan 2018-2021, based on In the same line, an analysis of the regulatory history of the crime of money laundering was carried out. The mixed method was obtained with a socio-legal approach, the results were obtained with data collection instruments such as documentary analysis, observation of social reality and descriptive statistics.

Asset Return in Money Laundering

Money Laundering Crime as a further criminal act has placed and involved two main perpetrators, namely active actors as parties trying to hide or disguise the origin of assets that are the result of criminal acts in various ways, and passive actors as parties who receive Money Laundering Crime assets. The return of Money Laundering Crime assets is not only through coercive measures, but also requires a voluntary return by the receiving party. In practice, voluntary returns create uncertainty when the receiving party (passive actor) from the beginning does not know the origin of the assets received. Through various money laundering cases in Indonesia in June-July 2022, the Authors are very interested in analyzing the extent of obligations related to the return of Money Laundering Crime assets. This research uses normative juridical methodology with Law approach and concept approach. The purpose of this study is to determine the obligations that must be carried out by passive trafficking actors based on Law No. 8 of 2010.

Analisis Juridis terhadap Disparitas Putusan Hakim dalam Tindak Pidana Transaksi Elektronik dan Pencucian Uang (Studi Putusan Nomor :1240/Pid.Sus/2022/PN. Tng dan Putusan Nomor: 576/ Pid,Sus/2022/PN. Blb.)

This article focuses on the crime of electronic transactions and money laundering. This focus was motivated by reports from victims of fraud by Indra Kenz and Doni Salman via videos circulating on social media regarding the investment business. This uses the Binomo and Quotex applications. During the examination at the Tangerang and Bale District Courts, Bandung, there was a disparity in the sentences imposed by the judges in decision Number: 1240/Pid.Sus/2022/PN.Tng and Decision Number: 576/Pid,Sus/2022/PN.Blb. Indra was sentenced to 6 years and Doni to 4 years. Based on this, this article wants to analyze the reasons that the judge considered in deciding the criminal case of electronic transactions and money laundering for the two perpetrators with different sentences for the two perpetrators. This is because the criminal acts committed by the two perpetrators have similarities. This research uses a normative juridical method with a case approach. Sources of legal research materials used consist of judge's decisions, cases to be analyzed, legislation, books (literature) and scientific journals related to writings and data from news articles. The data collection procedure was carried out by searching data on the internet related to the writing topic. All data collected will be compiled and analyzed using theory or expert opinion. Then, this theory is linked to the reasons or legal considerations (ratio decidendi) used by the judge in making his decision. This study concluded that the disparity in sentences imposed on the two perpetrators was due to the lack of clear regulations prohibiting binary option trading affiliates. Apart from that, there are differences in regulations regarding the spread of fake news that harm consumers in the ITE Law and the Consumer Protection Law.

Relationship Between Money Laundering Crime and Corruption Crime as Originate Crime From the Criminal Perspective

The purpose of this research is to understand and analyze an act that can be categorized as a money laundering crime complete with all its elements. Then also understand and analyze the relationship between money laundering crimes and corruption crimes. The research method used is the normative legal research method through literature study with the data source, namely secondary data. The research results show that the crime of money laundering cannot be separated from the original act, namely the crime of corruption. In processing a money laundering crime, it is not necessary to prove the predicate crime first, because the object of the money laundering crime is the assets resulting from the predicate crime

Asset Seizure of Money Laundering Crimes Arising from Corruption in the Perspective of Legal Certainty and Justice

Asset Seizure of Money Laundering Crimes Arising from Corruption in the Perspective of Legal Certainty and Justice

The Crime Of Money Laundering In The Perspective Of Criminal Law

The crime of money laundering is the act of processing large amounts of illegal money resulting from criminal acts into funds that appear clean or legal according to law, using sophisticated, creative, and complex methods. The crime of money laundering can be referred to as a process or act that aims to hide or disguise the origin of money or assets obtained from the proceeds of a criminal act which are then converted into assets that appear to originate from legitimate activities. In general, there are two main reasons why the practice of money laundering is fought and declared a criminal act, namely, firstly, the influence of money laundering on the financial and economic system is believed to harm the economy, for example, a negative impact on the effective use of resources and funds which are widely used for activities are illegal and cause less than optimal use of funds, thus causing harm to society. The position of the Indonesian Prosecutor's Office according to Article 2 (paragraph 1) is a government institution that exercises state power in the field of prosecution and other authorities based on law. About the crime of money laundering, the Prosecutor's Office said that according to Article 30 of Law Number 15 of 2002 as amended by Law Number 25 of 2003 concerning TPPU, it is stated that "investigation, prosecution and examination in court of criminal acts as intended in this Law, it is carried out based on the provisions in the Criminal Procedure Law. This type of research is Normative research. The approaches used are a statutory approach and a conceptual approach. The data source used is secondary data. Data analysis was carried out descriptively qualitatively. Concluding was carried out using a deductive method from general to specific, to that related topic, namely the Juridical Review of Ethical Witnesses for Police Members Who Commit Desertion. This research resulted in the findings of the Law on the Prevention and Eradication of the Crime of Money Laundering itself. provides a complete understanding of money laundering. Article 1 number 1 of the Law on the Prevention and Eradication of Money Laundering only states that money laundering is any act that fulfills the elements of a criminal act by the provisions of this law. Law enforcement against money laundering has been widely carried out after the promulgation of Law Number 15 of 2002 concerning the crime of money laundering as amended by Law Number 8 of 2010 concerning the Crime of Money Laundering

The impact of digitalisation on money laundering

The crime of money laundering poses many dangers. It is used by a significant proportion of criminals to try to hide the proceeds of crime. This is mostly done through the banking system, but digitalisation is increasing the variety of options available to criminals. Money laundering through financial institutions is one of the most common forms of money laundering, but money laundering in the virtual space is also becoming increasingly common. Cryptocurrencies and crypto-assets are the main threat in this respect, as one person can have several virtual "wallets" and there is a high degree of anonymity. This increases latency and makes it almost impossible for the authorities to trace the origin of assets.