Financial Transaction Reports Research Articles

Perlindungan Hukum Terhadap Profesi Advokat dalam Pencucian Uang

Money laundering is a special class of crimes and is classified as a major crime regulated in Law Number 8 of 2010 concerning the Prevention and Eradication of Anti-Trafficking Drugs. Has the potential to damage economic, security, and social consequences. The strategy to eradicate money laundering requires the advocate profession to participate in efforts to eradicate money laundering as stipulated in Government Regulation Number 43 of 2015. The birth of this Government Regulation poses obstacles for professionals. In this Government Regulation one of them is the advocate profession which is classified as a reporting party who is obliged to submit suspicious financial transaction reports to PPATK. On the one hand, Article 19 paragraph (1) of the Advocate Law also states that an advocate is obliged to keep everything secret obtained from his client because of his professional relationship, unless specified by law. In writing this study, a type of normative juridical study is used with a conceptual approach also a legislative approach. The regulation regulated in Government Regulation No. 43 of 2015 is because the advocate profession is vulnerable to being used by money laundering perpetrators. With the obligation, it will circumstantial avoid them from using advocates with their immunity rights to do the crimes.

Kebijakan Redesain Sistem Perencanaan Dan Penganggaran: Implementasi Pada Pusat Pelaporan Dan Analisis Transaksi Keuangan

Government budgeting system reform policies or in Indonesia call “Redesain Sistem Perencanaan dan Penganggaran” (RSPP) is a system initiated by the Ministry of Finance and the Ministry of National Development Planning that is effective for all ministries and institutions in 2021. RSPP aims to be a real implementation of the money follow program policy and strengthen the application of performance-based budgeting. This research aims to analyse the implementation of RSPP, along with its constraints and impacts. This research used a qualitative research method using a case study approach by interviewing 4 informants. This research was conducted at one of the state institutions, namely the Indonesian Financial Transaction Reports and Analysis Center (INTRAC). Data collection is carried out in a natural setting, primary data sources, and data collection techniques are more on direct observation, and interviews. From the analysis conducted by researchers, the implementation of INTRAC budgeting in 2023, which was carried out in 2022, is in accordance with the RSPP based on the Joint Circular Letter of the Minister of Finance and the Ministry of National Development Planning. This has an impact on budget documents that are easier to understand, and more visible activities and outputs produced by INTRAC. RSPP makes it easier for leaders to carry out monitoring, evaluation and increase effectiveness and efficiency in government budgeting.

PERAN REGULASI TEKNOLOGI DAN KARYAWAN BANK UNTUK MENCEGAH TINDAK PENCUCIAN UANG DI BANK

Banks, commonly utilized as financial institutions, are often implicated in money laundering activities. The majority of these institutions report suspicious transactions to the Indonesian Financial Transaction Reports and Analysis Center (PPATK). This study seeks to assess the influence of implementing regulatory technology (regtech) and the involvement of Anti Money Laundering (AML) officers in preventing money laundering within a bank. Employing explanatory research to test hypotheses, the primary data collection involved a questionnaire distributed to 689 AML officers in Indonesia, with a 42.9% response rate from 296 participants. Multivariate analysis results indicate that electronic know-your-customer (KYC) lacks significance in preventing money laundering. Conversely, transaction monitoring, along with considerations of cost and time, demonstrates a positive and significant impact on thwarting money laundering. Additionally, there is a notable positive effect between bankers' competency and awareness in preventing money laundering. Both Regulatory Technology and bankers play crucial roles in averting money laundering. Notably, research concerning technology and bankers in the context of money laundering prevention remains limited in Indonesia. This study contributes valuable insights to existing literature on anti-money laundering and the progression of anti-money laundering systems.

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).

Tantangan Pemberian Kewenangan Bagi Penyidik Pejabat Pegawai Negeri Sipil (PPNS) Kehutanan Sumatera Barat Pada Tindak Pidana Pencucian Uang

Law Number 8 of 2010 on the Prevention and Eradication of Money Laundering (AML Law) serves as the cornerstone of anti-money laundering enforcement in Indonesia today, but it still falls short in accommodating the needs of money laundering law enforcement. Explanation of Article 74 of the AML Law limits the role of criminal investigators solely to the National Narcotics Agency (BNN), the Corruption Eradication Commission (KPK), the Police, the Prosecutor's Office, Customs, and Tax Authorities. This explanation of Article 74 contradicts the AML Law. This situation leaves the Environmental and Forestry Crime Investigators (PPNS Kehutanan) without the authority to investigate money laundering cases in the forestry sector and hampers efforts to combat money laundering. Ultimately, Constitutional Court Decision No. 15/PUU-XIX/2021 breathed new life into money laundering investigations by broadening the definition of investigators and granting authority to PPNS Kehutanan to handle money laundering cases. Based on this research, the author concludes that following Constitutional Court Decision No. 15/PUU-XIX/2021, PPNS in the forestry sector has the authority to investigate cases of money laundering. The authority held by PPNS Kehutanan in conducting money laundering investigations includes the power to delay transactions, the power to request information about wealth from the reporter, the power to seize assets, and the power to block assets. In West Sumatra, the investigation of money laundering in the forestry sector is assigned to PPNS of the Provincial Forestry Service and PPNS of the Directorate General of Law Enforcement and Forest Protection (Gakkum LHK). These two institutions coordinate to handle all forestry crimes, including money laundering. Furthermore, coordination is also carried out with the National Police (POLRI) and the Financial Transaction Reports and Analysis Center (PPATK) in resolving money laundering cases.

ANALISIS PENEGAKAN HUKUM TINDAK PIDANA PENCUCIAN UANG TANPA PUTUSAN PIDANA ASAL KORUPSI

This research aims to analyze the process of law enforcement and prevention of money laundering crimes originating from corruption based on Law Number 8 of 2010 on the Prevention and Eradication of Money Laundering Crimes and the efforts made by third parties acting in good faith to recover their assets if the money laundering crime is not proven in the corruption offense. The research method used in this study is a normative legal research method. From the analysis conducted, the legal enforcement mechanism for money laundering crimes originating from corruption as the underlying offense is essentially bound by the Criminal Procedure Code (KUHAP), the Money Laundering Act, and the Corruption Criminal Act. In the law enforcement process for money laundering crimes, there are still obstacles, both in terms of substantive law (substantive law) and procedural law (formal law). Additionally, the efforts that can be made by third parties to recover their assets are not sufficiently regulated in Law Number 8 of 2010, which means that it may not fully satisfy the principles of justice and legal certainty. To combat and prevent money laundering crimes, especially those derived from corruption, it is not only necessary to have law enforcement agencies with competent human resources for investigation and prosecution, but it is also essential to build synergy among stakeholders to prevent and combat money laundering crimes. Given that combating money laundering crimes involves multiple institutions such as financial institutions, law enforcement agencies, the Financial Transaction Reports and Analysis Center (PPATK), and other relevant agencies as subsystems, including Bank Indonesia, financial service providers, goods and services providers, the Capital Market Supervisory Agency (BAPEPAM-LK), the Ministry of Communication and Information Technology, the Directorate General of Customs and Excise (DJBC), and law enforcement authorities.

Notary Efforts in the Prevention of Money Laundering

In addition to having rights and obligations as stipulated in the Notary Office Law, notaries are also given additional obligations in the context of preventing and eradicating money laundering, namely as reporting party and must report deeds that tend to be a process of money laundering. However, there is a legal issue of conflicting norms because as we know that a Notary is obliged to maintain the confidentiality of the deeds of service users. So that the purpose of this legal scientific research article is to find out whether all deeds must be reported by a Notary in the prevention of Money Laundering Crimes and how the position of a Notary as a reporter is seen from the point of view of the principle of confidentiality in his position. The results of this legal scientific research article state that first, Deeds that must be reported by a Notary to the authorized official are the Financial Transaction Reports and Analysis Center, namely Sale and Purchase Agreements, Deeds of Sale and Purchase of Shares, Deed of Sale and Purchase of Assets, Deed of Establishment of a Limited Liability Company, Deed of Binding of Sale and Purchase, Deed of Establishment of Foundations, Deed of Establishment of Cooperatives, also Authorization of Selling and Authorization of Directors, which are in essence closely related to the crime of money laundering. Second, the principle or principle of secrecy as stipulated in Article 16 paragraph (1) letter f does not have absolute force, because there is a norm which explains that "unless the law determines otherwise". Notaries are expected to be able to identify authentic deeds that have a high risk or tendency of money laundering and for deeds that have allegations of money laundering. Notaries are expected not to hesitate to report to Indonesian Financial Transaction Reports and Analysis Center or INTRAC to prevent money laundering.

Criminal Sanctions Against Money Laundering Crimes in the Perspective of Economic Analysis of Law

Background. Money laundering as a crime in the economic sphere shows that crime is a consequence of economic activity and sustainable development, which is a challenge for the state. Money laundering is the disguise or attempt to disguise the origin of profits from illegal or legitimate activities. Purpose. The purpose of this research is to analyze the money laundering law "criminal sanctions against money laundering crimes" from the point of view of economic analysis. Method. The research was carried out using a normative juridical approach and an empirical approach. The data used in this study were secondary data obtained from library materials, and field research was carried out by observation and interviews (interviews). The data obtained were analyzed qualitatively and juridically and deductively concluded. Results. The use of Bitcoin as a money laundering tool is rapidly increasing worldwide with the development of technology and Industry 4.0, according to Dean Ediana Ray, Director of the Financial Transaction Reports and Analysis Center (PPATK). In Indonesia, money laundering was initially regulated under Law No. 8 of 2010 on the Prevention and Eradication of Money Laundering. Conclusion. The normative legal approach focuses on analyzing legal normative systems such as principles, norms, legal rules, court decisions and principles.

MONITORING APPLICATION FOR SUBMISSION OF PBJ TRANSACTION REPORTS ON PPATK

Transaction report monitoring is monitoring activities on transaction reports submitted by Goods and/or Other Services Providers to the Financial Transaction Reports and Analysis Center. However, the transaction report monitoring process is still being carried out using Microsoft Excel so that the monitoring process does not run effectively and efficiently. From these problems an idea emerged to create a web-based transaction report monitoring application that can process transaction report data so that the monitoring process is easy for Reporting Analysts to carry out. The methodology used in making this application is the Waterfall method. The programming language used is PHP using the CodeIgniter framework. To display the application using Bootstrap. The database uses MySQL, the standalone server used is XAMPP and the text editor used is Visual Studio Code. If this application is implemented directly in the organization, it can be a solution in increasing the effectiveness and efficiency of the process of monitoring transaction reports.

The Role of Regulatory Technology & Bankers to Prevent Money Laundering in Bank

Bank is a financial institution that is most often used as a place for money laundering, as well as the most financial institution that sends suspicious transaction reports to the Indonesian Financial Transaction Reports and Analysis Center (PPATK). This study aims to illustrate the impact of adopting regulatory technology (regtech) and the role of AML officers in the Indonesian banking sector on money laundering prevention effectiveness. The primary data for this study was collected through a survey instrument distributed to 689 AML officers in Indonesia with the expertise in anti-money laundering (AML) compliance; there were 296 respondents that filled the questionnaire with a response rate of 42.9%. The results of multivariate analysis indicate that electronic know your customer (KYC) is not significant in money laundering prevention. Transactions monitoring (TM) of regtech and cost & time (CT) of regtech, drive money laundering prevention to a highly statistically positive & significant. Furthermore, there is a positive & significant relationship between bankers competency & awareness in money laundering prevention. Research related to regtech and AML officers in Indonesian banking sector money laundering prevention efforts is still very limited in Indonesia. This study contributes to the existing literature on anti-money laundering and the development of anti-money laundering technology.

Law Enforcement against Illegal Levies as a Form of Abuse of Authority through Saber Pungli

This study aims to analyze law enforcement against illegal levies as a form of abuse of authority through illegal levies. The research method used is normative and sociological legal research methods. The results showed that illegal fees are included in the category of occupational crimes. The government's efforts to optimize the eradication of extortion practices were later strengthened by the signing of the Presidential Decree No. 87 of 2016 concerning the Task Force to Clean Up Illegal Levies (Satgas Saber Pungli). The Saber Pungli Task Force consists of law enforcement officers, namely the Police, the Attorney General's Office, the Ministry of Home Affairs, the Ministry of Law and Human Rights, the Financial Transaction Reports and Analysis Center, ORI, State Intelligence Agency, and Indonesian National Army Military Police who have the authority to eradicate illegal extortion practices effective and efficient by optimizing the utilization of personnel, work units, and infrastructure, both at the ministerial/institutional and regional government levels.

NOTARY’S RULE AND ANTI‐MONEY LAUNDERING UNDER INDONESIAN LAW

This study aims to analyze the notaries who do not carry out the obligation to identify the source of funds for their service users and find a criminal law policy regarding the obligation to identify the origin of the source of funds for Notary service users future (iusconstituendum). This research uses normative legal research, using statute and conceptual approaches. The results of this study are a notary who does not identify the user and verify the documents and verify the users of the services directly. There is a strong allegation that the clients are suspicious and will make a suspicious transaction, so the notary can be categorized as a person who participates in conducting criminal acts and criminal law policies in the future against the notaries regarding the obligation to identify the origin of the source of funds of Notary service users by reporting to the Regulatory Supervisory Institution (LPP) or Financial Transaction Reports and Analysis Center (PPATK), then to the notary is given a reward and guarantee of legal protection.

An Analysis of the “Follow The Money”: Investigative Audit Technique in Campaign Funds for the Election of Regional Heads in Indonesia

The practice of campaign funds monitoring that is limited to compliance with laws and regulations by submitting reports and audits is still considered insufficient in an effort to realize a clean election and support the implementation of good governance. This research aimed to find out information related to compliance with campaign funds for 2020 Regional Head Elections through the follow the money investigative audit technique in accordance with regulatory provisions as an evaluation of the implementation of the 2020 Regional Head Elections in terms of campaign funds. This research was conducted in the Indonesian Financial Transaction Reports and Analysis Centre (PPATK) as Financial Intelligence Unit using a qualitative method with case studies and descriptive analysis. Based on the results of the analysis and other information owned by PPATK, there were indications of violations of campaign funds regulation as stated in the National Election Commission Regulations Number 12 of 2020 and indication of money politics practice. Keywords: campaign funds, PPATK, investigative audit, follow the money

PERAN NOTARIS DALAM PENCEGAHAN TINDAK PIDANA PENCUCIAN UANG DI ERA DIGITAL MELALUI APLIKASI GO ANTI MONEY LAUNDERING (GoAML)

Notaries’ roles in performing their functions and duties to prevent money laundering have been stipulated in Article 3 of Government Regulations No. 43 of 2015, which was a mandate from Article 2 paragraph (2) of the Criminal Act of Money Laundering Law. Notaries must report suspicion of money laundering to the Financial Transaction Reports and Analysis Center (PPATK). It is based on the ideal framework law to be achieved by a country, which must fulfill 3 (three) fundamental values, namely expediency, certainty, and justice. Notaries’ roles in serving the community must also be able to provide accountability for the civil law so it does not harm the country with an attempt to disguise money from money laundering.

Pencegahan Tindak Pidana Pencucian Uang Oleh Kegiatan Usaha Penukaran Valuta Asing Bukan Bank Di Indonesia

Money laundering is an attempt to hide or disguise the origin of money/funds or assets resulting from criminal acts through various financial transactions so that the money or assets appear as if they came from legal/legal activities. Data obtained based on the Anti-Money Laundering and Terrorism Statistical Bulletin by the Center for Financial Transactions and Analysis Services in June 2019, there were 459,951 Suspicious Financial Transaction Reports during the period January 2003 to June 2019 received by PPATK. Types of research used in the study This is a normative juridical research that is used to review the legislation. It is useful for academic purposes which is used for academic purposes and can be used to compose academic works. With the new provisions, the implementation of regulations for KUPVA BB operators and Payment System Service Providers (PJSP) has been integrated. The new regulations have also been harmonized with the government's efforts to combat money laundering and terrorism financing, as well as recommendations and guidelines provided by the international Financial Action Task Force on Money Laundering (FATF). The obligation to report Money Changers and early monitoring by PPATK as an effort to combat money laundering is a preventive measure in preventing money laundering crimes. The new regulations have also been harmonized with the government's efforts to combat money laundering and terrorism financing, as well as recommendations and guidelines provided by the international Financial Action Task Force on Money Laundering (FATF). The obligation to report Money Changers and early monitoring by PPATK as an effort to combat money laundering is a preventive measure in preventing money laundering crimes. The new regulations have also been harmonized with the government's efforts to combat money laundering and terrorism financing, as well as recommendations and guidelines provided by the international Financial Action Task Force on Money Laundering (FATF). The obligation to report Money Changers and early monitoring by PPATK as an effort to combat money laundering is a preventive measure in preventing money laundering crimes.

Subsidized or subsidizing? Municipal drinking water service funds in California

In the longstanding debate over efficiency and effectiveness in drinking water provision between public versus privately governed systems, one of the main contention points is the reasons for different bill levels imposed by city-run as compared to privately owned water systems. In this study, we examine one potential explanation for disparities in bills: whether cities use their general funds to subsidize their drinking water fund operations or vice versa. Either practice goes against “user pays” principles, as pointed out by critics of municipal operation. However, the claims have not been tested empirically at scale. We extract and analyze city water enterprise fund financial data from the California State Controller Cities Raw Data of Financial Transaction Reports to empirically assess the extent to which and reasons why interfund transfers occur in California's 267 municipally owned water utilities. We find very little evidence that substantial interfund transfers, in either direction, occur between water enterprise funds and general funds within California cities, indicating that enterprise fund control measures are generally successful. These findings suggest that with proper regulation, the municipal fund subsidy debate is essentially a distraction from the real reasons why municipal and other water provider rates differ substantially.

Upaya Pusat Pelaporan Dan Analisis Transaksi Keuangan (PPATK) Dalam Mencegah Tindak Pidana Pencucian Uang Dalam Sistem Perbankan

The Indonesian Financial Transaction Reports and Analysis Center (INTRAC) is an independent institution under the President which was established with Law No. 8 of 2010 concerning the Crime of Money Laundering. Function of INTRAC are as follows: prevention of money laundering, data and information management, supervision of the compliance of the reporting parties and analyze or investigation of financial transactions that there are reasonable grounds to suspect are related to the commission of a money laundering offence or other crimes acts as referred to in Article 2 Section (1). From the duties and authorities mandated by the Money Laundering Law, PPATK has at least 5 functions, namely financial intelligence, regulators, coordinators, mediators and assistance in law enforcement.In addition, the Financial Transaction Reports and Analysis Center (INTRAC) as an independent institution, also carries out an investigative function, namely collecting, storing, analyzing and evaluating information on transactions that are suspected and suspected of being money laundering.The Indonesian Financial Transaction Reports and Analysis Center (INTRAC) was established with the authority to implement policies to prevent and eradicate money laundering while establishing an anti-money laundering regime in Indonesia.

Kebijakan Hukum Terhadap Pelaku Tindak Pidana Pencucian Uang

The purpose of this study is to analyze legal arrangements, legal policies and countermeasures to prevent the occurrence of money laundering crimes according to Indonesian law, against money laundering criminals (Study Decision No. 630/Pid.Sus/2019/PN. Mdn). The nature of this research is analytical descriptive, by thoroughly and systematically describing legal policies against money laundering criminals using normative legal research. Law Number 8 of 2010, is a legal arrangement for the crime of money laundering, in Articles 3 and 4 it is an active money laundering crime, while in Article 5 it is passive. Legal policy against perpetrators of money laundering crimes where perpetrators must be held accountable for their actions. The panel of judges sentenced the Defendant to imprisonment for 5 (five) years and a fine of Rp. 1,000,000,000.00 (one billion rupiah) provided that if the fine was not paid, it was replaced with imprisonment for 3 (three) months. In order to prevent and eradicate money laundering, including various criminal acts that produce illegal assets, a Financial Transaction Reports and Analysis Center (PPATK) has been established whose main task is to assist law enforcement in preventing and eradicating money laundering and serious crimes. others by providing intelligent information.

Peran Pusat Pelaporan dan Analisis Transaksi Keuangan (PPATK) dalam Pencegahan dan Pemberantasan Tindak Pidana Pendanaan Terorisme

The financing of terrorism is a serious issue that needs to be addressed. In this case, PPATK as the FIU in charge in Indonesia has a role and function to carry out countermeasures for terror financing in accordance with Law no. 8 of 2010 or other regulations. The purposes of this study are to reveal the efforts of the financial transaction reporting and analysis center (PPATK) in preventing and eradicating criminal acts of terrorism financing as well as the obligations of Bank Indonesia in efforts to prevent and eradicate money laundering and terrorism financing. This study uses a normative research method with a statutory approach. The sources of law used are primary and secondary with the technique of collecting legal materials, which is carried out in the library and the data that has been collected is then used qualitative analysis techniques. The results of the study reveal that in an effort to prevent and eradicate criminal acts of terrorism financing, in general PPATK has two efforts, namely juridical and non-juridical. Juridical efforts are efforts to detect money laundering crimes, provide punishment for terrorist actors, implement a follow the money approach, and confirm blocking actions against funds operated. Meanwhile, non-juridical efforts are efforts to release innovations in the form of SIPENDAR and agree to the signing of the MoU on cooperation between the Financial Intelligence Unit (FIU) by Indonesia and Australia. Bank Indonesia has an obligation to submit reports to PPATK in the form of Suspicious Financial Transaction Reports, Cash Financial Transaction Reports, and Financial Transaction Reports of funds that take place abroad.

THE INFLUENCE OF FLEXIBLE WORKING PLACE AND FLEXIBLE WORKING TIME ON JOB SATISFACTION WITH WORK-LIFE BALANCE AS A MEDIATING VARIABLE ON COVID-19 PANDEMIC

The aim of this study is to analyze the relation between the flexible working place and flexible working time on job satisfaction, directly or indirectly, with the itervention of the work-life balance as a mediating variable. This research is conducted to a civil servant and a non civil servant/contract-based staff in Indonesian Financial Transaction Reports and Analysis Center (INTRAC). Furthermore, the quantitative approach is used in this research. The data is collected by distributing a questionnaires to 148 respondents and being analyzed with Smart PLS program/application version 3.0 with Sem PLS method. The results concludes that both variables which are flexible working place and flexible working time makes a positive and significant effect on job satisfaction variable. Furthermore the flexible working place and flexible working time on job satisfaction with work-life balance as a mediating variable also have a positive effect. The results of this study explain that the implementation of flexible working place and flexible working time can be said to be successful and has a positive effect on job satisfaction because there is an increase in a work-life balance felt by employees of the Indonesian Financial Transaction Reports and Analysis Center (INTRAC)