Money Laundering Cases Research Articles

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.

Money laundering through video games, a criminals' playground

Money laundering and video games provide opportunities to criminals for easier and less detectable methods of performing money laundering. These actions may be used as part of a system of transactions, by these criminals, to further disguise the origins of their funds. The use of videogames as a tool to launder money is something that has been only briefly explored. This work identifies the ways that money laundering through video game secondary marketplaces can offer benefits to criminals looking to launder money, versus the use of traditional money laundering methods.We explore the potential for using publicly accessible data, such as that available from the Steam Marketplace, to identify suspicious transactions that may indicate the existence of money laundering within these platforms. This research focused on identifying irregularities in the frequency and quantity of trades on the Steam Marketplace.The results of this investigation show that identifying, using very simple money laundering detection methods, possible cases of money laundering within transactional data from the Steam Marketplace is possible. The data used shows that there were several suspicious transactions and accounts which could warrant further investigation, and may be involved in activity which represents money laundering. As a result of this, there is scope for further investigations using larger data sets and examination of other publicly accessible data using a greater range of methods to identify suspicious transactions including, but not limited to, value of transactions and location.

Analisa Yuridis Penerapan Hukum Pidana Internasional Terhadap Tindak Pidana Pencucian Uang Nasional

Its implementation and application require the use of the TPPU Law by relying on the initial crime or primary crime, the main crime according to investigators and prosecutors is part of the formal and material requirements in an event file, for its fulfillment if it is incomplete it can be considered unable to carry out prosecution by prioritizing formal processes. Money laundering cases are rarely charged under the TPPU Law because the charges given are not cumulative charges, and are only limited to the initial crime, complicated bureaucracy and difficult communication between agencies due to the integrity that does not exist between judicial institutions as a criminal justice system, lack of socialization process and regarding the anti-money laundering regime to investigators, public prosecutors, and PPATK. The problem in this study is how to apply international criminal law to money laundering. The application of International Money Laundering into Indonesia's national criminal law depends on compliance with international treaties governing transnational criminal activities. This agreement has been approved and implemented by the legal and regulatory framework of the country. This impact is seen in lawmaking, the passing of Presidential Decrees, and the legal doctrine articulated in this agreement. The Money Laundering Act serves as an example of domestic criminal legislation promulgated as a means of enforcing international conventions

Added Value and Challenges of the Follow-the-Money Approach in Environmental Crimes

Environmental crimes have a wide impact on the country's losses in social and economic development and threaten the sustainability of living things and the ecosystem. In addition, environmental crimes also produce follow-up crimes, namely criminal acts of money laundering (TPPU). Based on the Financial Action Task Force (FATF) July 2021 Report on Money Laundering from Environmental Crimes, environmental crime is one of the crimes that is estimated to generate the most profitable income in the world, which is around USD 110 to 281 billion annually. Unfortunately, the handling of money laundering cases related to environmental crimes in Indonesia remains suboptimal, as evidenced by the disproportionate number of environmental crimes addressed by money laundering authorities in this sector. This study examines how law enforcement of forestry and environmental crimes needs to be strengthened by a follow-the-money approach. This study used descriptive and qualitative analysis methods involving secondary data from various related institutions and primary data from unstructured interviews with several investigators in the field of environment and forestry. The findings of this study indicate that law enforcement in the areas of forestry and environmental protection, particularly in the application of anti-money laundering measures, remains suboptimal. This inadequacy is largely attributed to the limited experience of investigators in handling environmental cases. Whereas, adopting a follow-the-money approach in environmental investigations could significantly enhance the effectiveness of these efforts, allowing for a more comprehensive uncovering of past illegal activities. Additionally, this approach has the potential to identify a broader network of involved parties, including the identification of beneficial owners.

Analisis Pembuktian Pidana Asal dalam Kasus Tindak Pidana Pencucian Uang yang Diatur dalam Undang-Undang: Tinjauan Terhadap Prinsip Hukum dan Implementasi dalam Praktik Hukum di Indonesia

Money laundering is a serious threat to the financial stability and integrity of financial institutions in Indonesia. Proving the origin of criminal proceeds in money laundering cases is a primary focus in law enforcement efforts to combat this illegal activity. This paper provides a review of the legal principles underlying the proof of criminal origin in money laundering cases and discusses their implementation in legal practice in Indonesia.Through literature analysis and case studies, the author highlights the complexity of proving criminal origin in the context of money laundering cases. Challenges include difficulty in tracing complex financial transactions, limitations in adequate legal regulations, and the need for international cooperation for effective exchange of information and evidence. Additionally, the paper emphasizes the importance of meticulous financial analysis as a key instrument in proving the origin of laundered funds. In the context of legal practice implementation in Indonesia, this paper examines the efforts of the government and law enforcement agencies in handling money laundering cases. Despite steps taken to enhance law enforcement effectiveness, there are still challenges to be addressed, such as lack of coordination between agencies, protection of witnesses and informants, and the expertise required for complex financial analysis. Considering the relevant legal principles and challenges faced in legal practice in Indonesia, this paper concludes the need for greater efforts to enhance the capacity of law enforcement agencies, improve international cooperation, and strengthen regulatory frameworks to ensure the effectiveness of proving the criminal origin in money laundering cases in Indonesia.

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AbstractProving target intent in money laundering cases: possibilities and problems. Many criminal law researchers have stated that the volition of the perpetrator is relevant only when their purpose is a consequence that forms a part of the constituent elements of a criminal offence. Hence, the perpetrator could not have the other constituent elements of a criminal offence, e.g. circumstances, as their purpose or target. However, it has been recently stated in legal literature that the circumstances that form part of the constituent elements of an offence may also be relevant as targets of the offender. This form of criminal intent has been designated target intent (dolus propositum), where the offender at the time of the criminal act considers the circumstance element of a criminal offence their target. The current paper concentrates on target intent in money laundering, where the offender must have criminal intent in relation to the fact that the property they, e.g., receive, use, convert, convey, transfer, transmit or possess has been obtained through an offence. The paper examines whether the Finnish lower court cases concerning money laundering contain facts that could work as evidence of target intent on the part of the offender. It also considers the type of problems that can arise when attempting to prove target intent in money laundering cases. The study applies qualitative content analysis within a theory-oriented approach as its main methodology. The theory of target intent with its six subcategories – causing intent, selecting intent, ensuring intent, strengthening intent, revealing intent and desiring intent – provide a theoretical framework for the content analysis. These six subcategories represent the manifestations of target intent on a theoretical level. Most importantly, the subcategories structure the external and objectively observable facts by which the offender may express his or her will. The subcategories of target intent should therefore be utilised when assessing the possibility of target intent. By referring to these subcategories, it is possible to assess whether the offender has acted with target intent at trial. The analysis concludes that it is difficult to prove target intent in money laundering cases. Proving target intent in particular demands details concerning the behaviour of the perpetrator at the time of the criminal act. From the standpoint of the criminal law, intent cannot be based on thoughts and attitudes that have nothing to do with actual conduct of the offender. Hence, target intent must be apparent at the time of the offence and appear in the act in question. Money laundering is typically a drawn-out process as opposed to a spontaneous crime. This makes it challenging to recognise whether the offender has, at a certain moment, considered the definitional circumstance of his or her target. Moreover, the money launderer seldom indicates their willingness to handle only funds derived from criminal activities in an unequivocal way. Based on the analysis, target intent mainly arises in criminal cases where the offender has also been aware of the existence of the relevant circumstance. This poses a significant challenge for target intent in money laundering cases where proving intent seems to be difficult in general. Instead of visibly showing that they are searching for property obtained through an offence, the money launderer rather wilfully avoids information concerning any illicit origins.

Resilinesi pada Nasabah Korban Kasus Pencucian Uang di KSP X

<p><strong>This research aim</strong><strong>ed</strong><strong> to find out about the </strong><strong>psychological </strong><strong>resilience of victims who experienced the loss of their savings due to a case of customer money laundering at one of the KSP X </strong><strong>(saving and credit cooperative) </strong><strong>in Kudus which had been declared bankrupt. Based on this research, social support is described as an external factor that influences the dynamics of victim resilience, and client self-efficacy is described as an internal factor. This research is </strong><strong>a </strong><strong>qualitative </strong><strong>one </strong><strong>with a phenomenological approach, and data sources were collected through purposive sampling. The data collection technique used is triangulation, data analysis is carried out inductively or qualitatively. Data collection was carried out through observation, interviews and documentation. The subjects in this research were three male customers who lost large amounts of their savings as a result of the money laundering case of KSP X which had been declared bankrupt. The results of this research show that customers have been able to achieve resilience, because they have the self-efficacy to get out of difficult times as victims of money laundering cases and get social support from their family and those closest to them so they can recover quickly. The painful events experienced by the customers were able to be overcome well, even though it took around three years to regulate their emotions. This painful incident taught customers something very meaningful during their lifetime, namely to always be careful in making decisions and giving authority or trust to other people.</strong></p><p><strong><em>Keywords</em></strong> - <em>Customers, Resilience, Self Efficacy.</em></p>

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.

The Constitutionality of the Proportionality Test to Prove Money Laundering

For years, combating money laundering has been a priority for the Mexican State. Frontal attack strategies have been used against criminal groups but have not yielded the expected effectiveness, as violence continues to escalate. This work begins with an assessment of the legal punishments applied to cases of money laundering in Mexico. Subsequently, it presents the fundamental rights that might be compromised in the process of collecting evidence and explores the use of the proportionality test as a parameter and method to ask judges to accept only admissible evidence to thus avoid issues of unconstitutionality. Finally, some evidence that can be employed to substantiate money laundering offenses and secure convictions are outlined. Furthermore, recommendations for public policy are made to address and enhance the efforts of stakeholders engaged in combating this crime, since to date, effectiveness in obtaining convictions has been remarkably low.

Criminal Legal Protection for Bona Fide Third Parties Over Assets in Corruption and Money Laundering Cases

Criminal law in Indonesia has yet to guarantee justice and human rights of bona fide (good faith) third parties in protecting their confiscated assets in corruption and money laundering cases. Criminal procedural law is inadequate in providing assessments for bona fide third parties. Therefore, Economics and Anthropology are needed in the investigation stage up to the evidentiary stage during trials. In this research, the main problems are formulated as follows: (1) what is the concept, definition, and scope of the assets of third parties in good faith in the laws and regulations in Indonesia? (2) how is the application of legal provisions regarding the protection of third parties with good intentions in corruption and money laundering? (3) what is the ideal role of the Public Prosecutor and Judge in protecting the property of a third party with good intentions in the criminal justice system? Normative law research conducted in this article showed that (1) the concept and understanding of bona fide third parties in civil law can be adopted in criminal law; (2) the application of legal protection to bona fide third parties over their assets in corruption and money laundering cases still depends on the moral goodness of law enforcement officials; and (3) investigators, prosecutors, and judges play an important role in protecting the human rights of bona fide third parties in corruption and money laundering cases.

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)

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.

Research on Money Laundering Cases, Risks and Countermeasures in the Insurance Industry

Money laundering has a substantial and far-reaching effect on the economy, causing incalculable damage. Due to the high volume of financial transactions in the insurance industry, it is vulnerable to money laundering. This paper seeks to provide a comprehensive analysis of domestic and international money laundering techniques employed in the insurance industry. In addition, it will evaluate the effectiveness and impact of the anti-money laundering measures and regulations implemented within the insurance industry. The research indicates that the insurance industry can reduce its exposure to money laundering by instituting stringent anti-money laundering measures. In addition, this study assesses the implementation and effects of anti-money laundering regulations in the insurance industry. In response to the identified risks and obstacles, a set of proactive anti-money laundering countermeasures is proposed. In conclusion, this study emphasizes the importance of mitigating money laundering vulnerabilities in the insurance industry and the significance of implementing robust anti-money laundering protocols. This study contributes to the ongoing discussion about AML compliance in the insurance industry by providing empirical insights and practical recommendations.

Studi Literatur: Teknik Audit Investigatif Dalam Pengungkapan Money Laundering Dari Perspektif Akuntan Forensik

Forensic accounting and investigative auditing are disciplines used when investigating complex cases of fraud related to the law. It contains investigative audit techniques that can help forensic accountants in their implementation. In Indonesia, investigative audits are more often associated with solving corruption cases, one of which is money laundering. So in this research the author wants to find out what investigative audit techniques are most effective in uncovering money laundering cases based on the perspective of forensic accountants. The research method used is a qualitative descriptive method. Based on the results of the analysis, the results of the investigative audit stages were predication, hypothesis formulation, data gathering, data reliability testing, data analysis, calling for interviews and interrogation, loss calculation, and reporting. Then it was also concluded that in theory and practice no investigative audit technique was chosen as the most effective technique. Because beforehand forensic accountants need to consider the matters and characteristics of money laundering cases, only then determine which investigative audit techniques will be used.

Research on the Difficulties of Investigating Money Laundering Cases of Internet Gambling and Countermeasures

Research on the Difficulties of Investigating Money Laundering Cases of Internet Gambling and Countermeasures

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.

Implementation of Policies on Law Enforcement in Money Laundering Cases in Indonesia and Denmark

Implementation of Policies on Law Enforcement in Money Laundering Cases in Indonesia and Denmark

Maximum Entropy Principle Based on Bank Customer Account Validation Using the Spark Method

Bank customer validation is carried out with the aim of providing a series of services to users of a bank and financial institutions. It is necessary to perform various analytical methods for user’s accounts due to the high volume of banking data. This research works in the field of money laundering detection from real bank data. Banking data analysis is a complex process that involves information gathered from various sources, mainly in terms of personality, such as bills or bank account transactions which have qualitative characteristics such as the testimony of eyewitnesses. Operational or research activities can be greatly improved if supported by proprietary techniques and tools, due to the vast nature of this information. The application of data mining operations with the aim of discovering new knowledge of banking data with an intelligent approach is considered in this research. The approach of this research is to use the spiking neural network (SNN) with a group of sparks to detect money laundering, but due to the weakness in accurately identifying the characteristics of money laundering, the maximum entropy principle (MEP) method is also used. This approach will have a mapping from clustering and feature extraction to classification for accurate detection. Based on the analysis and simulation, it is observed that the proposed approach SNN-MFP has 87% accuracy and is 84.71% more functional than the classical method of using only the SNN. In this analysis, it is observed that in real banking data from Mellat Bank, Iran, in its third and fourth data, with a comprehensive analysis and reaching different outputs, there have been two money laundering cases.

The Role Of A Notary In Preventing Money Laundering

<em>The Notary's participation in preventing money laundering is to report to PPATK when they know of suspicious financial transactions related to the deed they made. The Notary's position as a whistleblower in the event of suspected suspicious financial transactions as an effort to prevent money laundering has not violated the principle of confidentiality of position. Instead, the Notary must apply the precautionary principle. Notary as the reporting party is an implementation of its obligations stipulated in Article 16 paragraph (1) point an of UUJN, namely acting trustfully and honestly. The State appoints notaries to serve the public in civil Law. Therefore Notaries must also take care not to let the State be harmed by attempts to disguise money from criminal acts. Notaries with this submit to higher interests. This is so that Notaries do not get involved in money laundering cases because they are considered to help carry out a criminal act</em>

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.