Money Laundering Crimes Research Articles

The Principle of Reversing the Burden of Proof in Money Laundering Crimes

This article analyzes the principle of reversal of the burden of proof adopted in Article 77 and Article 78 of the Law. The purpose is to explain related to the principle of presumption of innocence (presumption of innocence), which has been adopted in Article 66 of the Code of Criminal Procedure. The normative legal research method examines authoritative texts as primary legal material and academic works as secondary legal material. The principle of reversal of the burden of proof in money laundering does not contradict the principle of presumption of innocence. On the contrary, the TPPU Law has placed defendants with legal subjects who deserve respect for their human rights to explain the origin of their assets not obtained from the proceeds of crime. The inability to explain the origin of the property does not make him guilty and criminalized. Because the Public Prosecutor is still obliged to prove his charges.How to cite item: Amrullah, M. Arief. “The Principle of Reversing the Burden of Proof in Money Laundering Crimes.” Jurnal Cakrawala Hukum 14 no. 2 (2023): 146-154. DOI: doi.org/10.26905/idjch.v14i2.10813.

Proving of Predicate Crimes in Cases of Money Laundering Crimes

This study aims to analyze the application of law in UURI No. 8 of 2010 concerning the Prevention and Eradication of Money Laundering Crimes in proving predicate crimes. The research was carried out using normative juridical research methods using statutory and case approaches. The results of the study show that in the application of Article 69 to the crime of money laundering in the decision, namely Decision Number 43/Pid.Sus/2017/PN.Bir with the defendant Murtala Ilyas Bin Ilyas, has used Article 69 because there was no previous decision related to the predicate crime. As for some of the obstacles experienced in the application of Article 69, namely the potential for the accused to be free from legal bondage, the lack of certain facilities and amenities, and the potential for violating the principle of the presumption of innocence.

Criminal Responsibilities Or Political Partners As Corporations In Corruption Criminal Action And Money Laundering Criminal Acts

The existence of political parties plays a strategic role in the development of democracy and the nation is faced with a number of issues that create a negative impression on these organs, some of which include; first, the problem of involvement of political parties in various cases of corruption and money laundering crimes that have an impact on the fall of public image and trust in the organization; second, the problem of pro and contra accountability of political parties involved in cases of corruption and criminal acts of money laundering before the law; and third, the issue of imposing criminal sanctions on political parties as the subject of corporate offenses known in corruption and money laundering. This research belongs to the typology of juridical normative legal research with secondary data types in the form of primary, secondary and tertiary legal materials. The approach taken includes the comparison, conceptual, statutory, and philosophical approaches, and analyzed descriptively qualitatively through literature. The results of the study show that; first, the justification of political parties as corporations in criminal acts of corruption and criminal acts of money laundering can be seen in five basic perspectives, namely philosophical foundation, juridical basis, historical basis, sociological basis, and political foundation of criminal law; second, the ideal concept of political party punishment as a corporation is carried out with a reconceptualization of the subject of corporate delictions in the affirmation of two types of corporations, namely corporations in the form of private and special corporations or in the form of public with different provisions on punishment arrangements. The need for an amendment to some provisions of the Corruption Law and the TPPU Law related to corporations in accommodating the two types of corporations into a forum for the implementation of ideas, of course issuing a law that contains specific provisions regarding special corporate punishment can be the answer to a myriad of issues regarding criminalization

Reform of Corruption Criminal Law: a Study of Corruptor Asset Application Law in Indonesia

The development of a new criminal law system in Indonesia still aims to reveal the crimes committed, find the perpetrators, and punish them with criminal sanctions, especially "corporate punishment", which includes imprisonment and the death penalty. Meanwhile, the issue of international law development, such as the issue of confiscation of proceeds of crime and tools of crime2, has not become an important component in the Indonesian criminal law system. The purpose of this study is to determine the extent to which the reform of corruption criminal law can be carried out, especially in terms of asset forfeiture of corruptors. The research method used is normative research with a legal approach and conceptual approach. The reform of corruption criminal law must provide a clear definition of asset forfeiture of corruptors. The definition must include various types of assets, both tangible and intangible, which are illegally obtained through acts of corruption. The research method used is normative research with a legal approach and conceptual approach. The results of the discussion show that the reform of corruption criminal law regarding the seizure of corrupt assets can strengthen corruption eradication efforts and improve the existing seizure mechanism. The legal reforms carried out include Law Number 31 of 1999 concerning Eradication of Corruption (PTPK Law); Law Number 8 of 2010 concerning Prevention and Eradication of Money Laundering Crimes (TPPU Law); Presidential Instruction Number 3 of 2018 concerning Increasing the Role and Optimizing Community Participation in Corruption Eradication; Government Regulation Number 13 of 2021 concerning Procedures for Forfeiture of Corruption Proceeds.

The Role of Technology in Preventive Measures to Combat Money Laundering Crime: Case study Sudan

The Role of Technology in Preventive Measures to Combat Money Laundering Crime: Case study Sudan

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.

Urgensi Pengawasan Perusahaan Cangkang Sebagai Upaya Penghindaran Tindak Pidana Pencucian Uang Oleh Perusahaan Cangkang di Indonesia

The purpose of this study was to determine the application of law in money laundering crimes with the mode of establishing shell companies using normative juridical research methods. The data used consists of secondary data with statute approach, case approach, comparative approach, and conceptual approach. This research finds that these shell companies have been formed legally, but the legality of their formation does not guarantee the legality of their designation. Therefore, it is necessary to supervise shell companies in order to prevent the rampant cases of laundering through shell companies in Indonesia by adopting the methods used by the United States and India in dealing with shell companies.

Graph Embedding-Based Money Laundering Detection for Ethereum

The number of money laundering crimes for Ethereum and the amount involved have grown exponentially in recent years. However, previous studies related to anomaly detection for Ethereum usually consider multiple types of financial crimes as a whole, ignoring the apparent differences between money laundering and other malicious activities and lacking a more granular detection targeting money laundering. In this paper, for the first time, we propose an improved graph embedding algorithm specifically for money laundering detection called GTN2vec. By mining Ethereum transaction records, the algorithm comprehensively considers the behavioral patterns of money launderers and structural information of transaction networks and can automatically extract features of money laundering addresses. Specifically, we fuse the gas price and timestamp from the transaction records into a new weight and set appropriate return and exploration parameters to modulate the sampling tendency of random walk to characterize the money laundering nodes. We construct the dataset using real Ethereum data and evaluate the effectiveness of GTN2vec on the dataset by various classifiers such as random forest. The experimental results show that GTN2vec can accurately and effectively extract money laundering account features and significantly outperform other advanced graph embedding methods.

Implementation of Reverse Evidence of Internal Assets Case of Consolidation of Corruption Crimes

The purpose of this study is to find the justification for judicial practice in confiscating the assets of the Defendant who has not been charged with a system of reverse evidence in the combination of Corruption Crimes and Money Laundering Crimes. To find out the application of the Reverse Evidence system regarding the assets of the Defendant who have not been indicted in the case of the merger of Corruption Crimes and Money Laundering Crimes. Qualitative research methods explain the phenomena that occur and prioritize the substance of these phenomena. Techniques for collecting data are interviews with those related to Corruption, observations at research locations, documentation studies in the form of archives, and data according to facts. Conclusion: (1). In implementing Articles 37 and 37.A in Law no.31 of 1999 in conjunction with Law no.20 of 2001, which relates to the Eradication of Corruption Crimes. (2). In Article 38.B paragraph (1) of Law no. 31 of 1999 in conjunction with Law no. 20 of 2001 relating to the Eradication of Criminal Acts of Corruption (3). Article 77 Law no. 8 of 2010 concerning Prevention and Eradication of Money Laundering Crimes. (4). Article 78 of Law no. 8 of 2010, regarding the Prevention and Eradication of Money Laundering Crimes.

Juridical Analysis of the Crime of Money Laundering from the Results of Fraud Crime Based on Positive Law in Indonesia (Nomor 395 K/Pid.Sus/2018)

Money laundering crimes under the guise of investment occur a lot and it is very important to study and analyze them. Many losses arise due to money laundering practices, so efforts to prevent money laundering are needed. This study aims to analyze the Crime of Money Laundering in the Decision on Criminal Case No.395 K/Pid.Sus/2018. The type of research used is normative legal research. The charges handed down by the Public Prosecutor against the Defendant are Article 378 of the Criminal Code and Article 3 of Law No. 8 of 2010. With the decision Sentenced criminally to the Defendant therefore with imprisonment for 5 (five) years and a fine of Rp. 1,000,000,000, - (one billion rupiah) with the provision that if the fine is not paid it is replaced with imprisonment for 6 (six months).

The Criminal Policy against the Prevention and the Elimination of Money Laundering Crimes by Law Number 8 in 2010 in the Fight against Money Laundering Crime

Money laundering crime is a crime that not only threatens the stability of the economy and integrity of the financial system, but it can also divide the institutions of public, national and state life. These crimes have developed asa humanitarian problem of existence with the development of society, so in efforts to execute crimes have been penal and non-penal. Money laundering is one ofthe transnational and organized crimes, so it isnecessary to remedy national efforts of so-called criminal policies. The problem in this journal is how the countercriminal money laundering efforts have been on the criminal policy perspective and how the non-penal effort has been on the development of the moneylaundering crime. The study is done using a normative-and- value juridical approach and as for the analysis techniques used, it is qualitative analysis. From the research results, it is known that the Government has issued Law no. 8 of2010 concerning the Prevention and Eradication of Money Laundering Money, but there are still weaknesses in the legislative policy so that it will greatly affect its implementation and execution. In Law no. 8 of 2010 concerning the Prevention and Eradication of Money Laundering Money, the existence of PPATK has formulated better than the previous Law on Money Laundering Eradication. However, the role of PPATK in tackling money laundering offenses is still not optimal, so Indonesia still needs to be improved.

DAMPAK TINDAK PIDANA PENCUCIAN UANG TERHADAP EKONOMI MAKRO

Money laundering is an illegal method of generating large sums of money from criminal activities, such as drug trafficking, corruption or other criminal activities. The process of money laundering generally goes through three stages of activity, namely the placement stage, the distribution stage and the collection stage with the aim of making it appear as if it comes from a legitimate source, in order to make it look clean. The emergence of losses that are reflected in the presence of victims is the adverse impact of money laundering activities which today in fact money laundering does not only have a direct impact on the individual who is harmed but the effect will be felt on national and even global economic stability. The characteristics of the crime of money laundering must be known in advance before developing a strategy to prevent and then deal with the crime of money laundering.

TINJAUAN HUKUM PIDANA TERHADAP AFILIATOR ROBOT TRADING ILEGAL DNA PRO DI INDONESIA

The rapid development in the world of trading is due to the rapid development in the field of technology and the convenience for everyone to access the internet, so that there is an opportunity for abuse through trading robots to gain illegal profits, as has happened to the DNA Pro Trading Robot by carrying out the Ponzi Scheme Mode. The problem in this research is how to review the criminal law against the illegal trading robot affiliate DNA Pro in Indonesia. The research method used is normative juridical. The results of the study show that the suspects in the DNA Pro Trading Robot Case who are under the auspices of PT. DNA Pro Akademi is proven legally according to law to have committed a crime of participating in attempting, assisting, or conspiracy to commit a criminal act of money laundering in terms of receiving or controlling the placement, transfer, payment, or use of assets that he knows or reasonably suspects are proceeds crime, as referred to in Article 5 in conjunction with Article 10 of Law Number 8 of 2010 concerning Prevention and Eradication of Money Laundering Crimes. The Affiliators of the Pro DNA Trading Robot, which are Illegal Trading Robots, are legally proven to have committed a Criminal Act regulated in Article 378 of the Criminal Code and to spread misleading news is a criminal offense regulated in Article 28 paragraph (1) of Law Number 11 of 2008 concerning ITE, which caused around 3,621 people to become victims of fraudulent investments under the guise of Robot Trading DNA Pro with a total loss of approximately Rp. 551,000,000,000.- (five hundred and fifty one billion rupiah).

Implications of Money Laundering From Corruption Proceeds on The Application of Reverse Evidence in Corruption Crimes

Corruption is one of the Extra Ordinary Crimes because of the difficulty of proving the crime by law enforcement. In the enforcement and eradication of corruption crimes, there are several problems faced, one of which is in settlement of corruption crimes through juridical settlement, namely the existence of an evidentiary process that is considered complex in court and as minimal as possible does not damage the protection and honor of human rights. The United Kingdom and other European countries have used civil channels to return assets resulting from money laundering crimes, while Indonesia is still returning assets from money laundering crimes, meaning there is no return of any assets before a court decision. It takes courage from related law enforcement in the criminal act of money laundering by using the reverse burden of proof in the law of proving money laundering cases. This study aims to determine the application of reverse proof in corruption cases. This research uses normative legal research methods. The results of the study The application of reverse proof requires review because, in reverse proof, the defendant must prove that his property is not a crime of corruption. The application of the reverse proof policy is that most of the assets owned by the bribe giver are not in the name of the briber but have been suspected of money laundering to hide the original identity of the assets derived from the proceeds of corruption.

Analisis Kepastian Hukum Terhadap Korban Penipuan Doni Salmanan Ditinjau Dari Putusan Pengadilan Negeri Bale Bandung Nomor 576/Pid.Sus/2022/PN Blb

This research examines more deeply the analysis of legal certainty for victims of Doni Salmanan's fraud in trading through an application called QUOTEX. In relation to the decision of the Bale Bandung District Court number 576/Pid.Sus/2022/PN BlB, in which the Panel of Judges gave a verdict of imprisonment and confiscation of assets owned by the defendant generated through trading by utilizing his victims for profit and the assets were confiscated by the state. However, in the verdict there was no decision at all to provide compensation to the victim of Doni Salmanan's fraud, in this case the element of legal justice for the victim was not fulfilled by this decision. However, the aspect of legal certainty for the victim is very strong so that the defendant gets a death sentence and a fine for his actions. The legal certainty in question is a guarantee that the law is carried out properly in processing the rights and obligations of the defendant for his crime. Material law as an element of legal certainty has been carried out and linked to various laws and regulations relating to the case. Law No. 8/1999 on Consumer Protection for the losses suffered by the victim as a consumer, Law No. 19/2016 on the Amendment to Law No. 11/2008 on Electronic Information and Transactions because the case involved electronic networking devices, and Law No. 8/2010 on the Prevention and Eradication of the Crime of Money Laundering because in the prosecution the defendant was deemed to have disguised his wealth generated through criminal acts.

Analisis Yuridis Pertanggungjawaban Tindak Pidana Pencucian Uang Melalui Aset Kripto Di Indonesia

Both Indonesia and countries that guide the establishment of crypto asset regulations such as America, Singgapura, and Japan, also face challenges related to their aspects and systems. With these aspects and systems, it will continue to complicate criminal liability for perpetrators who commit laundering. Theissues raised are; 1. How is the regulation regarding Money Laundering Crimes committed through Crypto Assets in Indonesian criminal law, 2. How is the Responsibility for Money Laundering Crimes committed through Crypto Assets. The research method used is normative juridical by examining from the point of view in the form of aspects of legality and criminal responsibility for perpetrators of money laundering through crypto assets based on Indonesian positive law. The results of the research obtained are; 1. The existing regulations in Indonesia currently relating to crypto assets, none of which include criminal provisions for perpetrators who use crypto assets as a mode of committing criminal acts. However, provisions in Law No. 11 of 2008 concerning Electronic Information and Transactions can be imposed on actors who use crypto assets as a new medium in committing criminal acts. And the use of crypto assets can also be classified as a mode of committing money laundering crimes, provided that the money converted into crypto assets comes from the proceeds of criminal acts as stated in article 2 of Law No. 8 of 2010 concerning the Prevention and Eradication of Money Laundering. 2. Criminal liability for perpetrators who misuse crypto assets as a mode of committing money laundering can be subject to articles 3, 4, and 5 of Law Number 8 of 2010 concerning the Prevention and Eradication of Money Laundering. This is based on the normative error theory, the principle of strict liability and based on the judge's consideration in the decision of case No. 1240/Pid.Sus/2022/PN.Tng

BENEFICIAL OWNERSHIP: TRANSPARENCY AS AN EFFORT TO PREVENT AND ERADICATE MONEY LAUNDERING AND ITS IMPACT ON INVESTMENT MARKETS

Transparency plays a crucial role in the prevention and eradication of money laundering, a significant threat to financial system stability and economic integrity. This study aims to analyze the significance of beneficial ownership in achieving transparency, particularly in the context of preventing and eliminating money laundering. It explores the impact of transparency on the investment market and identifies necessary efforts and policies to enhance transparency. Transparency is a critical factor for investors in making informed decisions and reducing risks within the investment market. Using the normative juridical method, this study reveals that disclosing information about beneficial owners has a positive effect on preventing and combating money laundering crimes. Improved transparency enables more effective identification of risks and violations, leading to appropriate preventive measures. Furthermore, greater transparency positively influences the investment market, as investors tend to trust and feel motivated to invest in an environment where information about ownership and asset utilization is readily accessible. This fosters investor confidence, strengthens market integrity, and promotes economic growth. Effective transparency necessitates collaboration among authorities, financial institutions, and participants in the investment market. Implementing clear and robust regulations is crucial, alongside fostering corporate awareness and fostering a strong commitment to transparency.

Juridical Review of the Honorarium Received Advocates from the Crime of Money Laundering

Law No. 18 of 2003 on Advocates, there explains that Advocates are entitled to honorariums of legal services they have provided to their clients. The problem is the honorarium received by the advocate from the client as suspects of money laundering crime is a legal honorarium or not according to the law and can it have implications for the criminalization of an advocate when receiving an honorarium from the client as suspects of money laundering crime? Based on the analysis of the legislation in force that the payment of honorarium from the client as suspects of money laundering crime as payment for legal services advocates are legal tender and can be held legally accountable. Advocates do not need to report on the honorarium they receive from the client as suspects of money laundering crime, this is because of the rules of secrecy of the position. Thus, advocates can not be prosecuted either civil or criminal in carrying out their profession. The Law on Advocates stipulates that they are entitled to receive fees or honorariums as compensation from the clients they are defending. This is related to the right of retention, namely the right not to return the documents held before the honorarium is first paid. Including using the right of retention to threaten and reduce the capacity as an advocate in defending and protecting his client. But in litigation, advocates are prohibited from using unnecessary costs, thus burdening their clients.

The Efforts to Prevent Money Laundering in Indonesia

Due to its criminal nature, money laundering by transnational organized criminal groups will negatively impact the country's micro and macro economies. These impacts can disrupt the functioning of the market mechanism, create distortions that disrupt economic efficiency and the distribution of income and wealth in society and disrupt national development. The crook demonstration of tax evasion is an interaction or action that expects to stow away or mask the beginning of cash and resources got from criminal demonstrations which are then changed over into resources that seem to start from genuine exercises. Corruption, bribery, goods/labor/immigrant smuggling, banking, narcotics, psychotropic, trafficking, kidnapping, terrorism, theft, embezzlement, and fraud are all criminal acts that can lead to money laundering. The stages in the crime of money laundering are Placement, Layering, and Integration. The legal instrument for money laundering is Article 3 of RI Law No. 8 of 2010 concerning Money Laundering. And the way to deal with money laundering in Indonesia is to postpone transactions on assets originating from criminal acts. Furthermore, it did the blocking of criminal act assets and suspended transactions related to money laundering crimes.

Cryptocurrency According to The Principles of Usul Al-Fiqh: A Critical Analysis by Mohd Daud Bakar

There are various views concerning the cryptocurrency issue. The majority of scholars and world Islamic bodies, such as Dar al-Iftā 'al-Miṣriyyah (Egypt), Dar al-Iftā' al-Falasteeniyya (Palestine) and the Turkish Directorate of Religious Affairs, do not permit cryptocurrency for various reasons, including the existence of uncertainty (gharar), risk (khatar) and the fact that it facilitates (wasilah) the crime of fraud and money laundering. However, some Islamic financial and religious scholars do permit it. One scholar who views cryptocurrency positively and believes that it should be permitted is Mohd Daud Bakar, who is the Chairperson of the Shariah Advisory Council of Securities Commission Malaysia (SC) and former Chairperson of the Shariah Advisory Council for Bank Negara Malaysia (BNM). He is also former President of the International Islamic University (IIUM) and the chairperson or international Shariah advisor at various financial institutions around the world, including the S&P Islamic Index and Dow Jones Islamic Market Index (New York). His extensive experience of more than 25 years in this dynamic field has made him a leading and important reference expert. In 2015, in a report released by the Global Islamic Finance Report (GIFR), he ranked sixth among the world’s 10 Islamic finance experts. This success has made him an expert, not only in the field of Usul al-Fiqh which is the core knowledge base of Islam, but also beyond the field of Islamic finance and law. This paper analyses the validity of Mohd Daud Bakar’s views on cryptocurrencies within the scope of Usul al-Fiqh according to the ‘illah, ‘urf, sad zarai’ and fatḥ zarāi’ methods. This qualitative study had obtained data from Facebook Live video recordings, reports and articles, which were then analysed using the descriptive content analysis method. It can be concluded from an ‘illah (legal operative cause) aspect that there is no acceptable ‘illah for banning this currency. From the point of view of al-’urf, cryptocurrencies are acceptable and do not contradict the principles of Shariah. Whereas from the point of view of sad zarāi’, this study found no solid evidence that it could lead to deleterious circumstances other than mere conjecture and assumption, hence, the introduction of cryptocurrencies should be permitted or made accessible. He also suggested the use of the fath zarāi’ method, which is better suited for creating opportunities for innovation and creativity of financial products based on financial technology (fintech). Finally, he mentioned about the permissibility of cryptocurrency as a medium of exchange even if it does not become the legal currency of a country.