Money Laundering Law Research Articles

The Urgency Of The Follow The Money Approach In Law Enforcement Efforts Against Money Laundering Resulting From Corruption

The follow the money approach in tracing criminal acts of money laundering and other criminal acts is a new step applied in the context of law enforcement processes. The purpose of this paper is to find out how urgent the application of the follow the money approach is in enforcing money laundering laws, and to find out how effective the follow the money approach is in enforcing money laundering laws. The methodology used is a normative legal research method in the form of secondary data accompanied by a statutory approach and a case approach. The results of the study show that the follow the money approach is very important and urgent to apply in law enforcement against money laundering, especially the results of corruption, because this approach is a very strategic and most appropriate approach considering some of its advantages or advantages, namely being oriented to assets or proceeds of crime, after it will be possible to further reveal who the perpetrators were, what the predicate crimes were, who the other perpetrators were, and where they were hidden.

Implementing The Anti-Money Laundering Law: Optimizing Asset Recovery in Corruption Cases in Indonesia

Corruption is still a severe problem in Indonesia. In 2022, the Attorney General Office of the Republic of Indonesia alone succeeded in handling 405 of 597 corruption cases in 2022, with a state loss of 39.207 trillion out of a total of 42.747 trillion. When the state loss is combined with the state economic loss, which refers to the indirect financial impact on the state due to corruption, the number will be up to IDR142 trillion. However, the total asset recovery through fines and state loss compensation was only IDR 8.9 trillion. Thus, it only recovers about 12% of state losses due to corruption. One of the efforts to recover state losses is applying the law on money laundering because its main objective is to pursue the proceeds of a crime, including corruption. This paper discusses how the money laundering law will be more optimal in recovering state losses due to corruption and its application in several cases. The method used in this study is normative legal research, especially case studies relating to implementing a money laundering law on corruption cases. From the study, it can be concluded that the anti-money laundering law was not optimally applied in asset recovery in corruption cases. Only in corruption, which indicates an actual state loss, can the anti-money laundering law be applied. Moreover, there should also be an indication that the money laundering process follows corruption. Applying the Anti-Money Laundering Law, whether in the investigation, prosecution, or trial of criminal acts of corruption, has not been optimal, so it has not supported efforts to recover state losses.

India and Anti Money Laundering Measures: A Critical Study of Legislation & Its Enforcement

Money laundering is the process that criminals use to erase the connection between the crime and the money concealing the criminal source of the funds. The money laundering process has three stages viz., (a) placement, (b) layering and (c) integration. In the initial placement stage, the launderer produces its legal profits into financial system by breaking up large amounts of cash into unsuspicious smaller sums. In the layering stage, the launderer engages in a series of conversions or movements of the funds to distance those from their original source. After successful processing of criminal profits through first two phases, the launderer moves those to integration stage, so that the funds enter the legitimate economy. Money laundering has a very bad impact not only on the national financial infrastructure but it also crumbles the international financial system. This paper aims to analyse the current state of money laundering laws in India, offer a critical assessment of the enforcement machinery, investigate whether the laws as written correspond to the actual situation on the ground, and determine the amount of work needed to implement the necessary changes so that the legislation can be effectively enforced.

The Application Of Money Laundering Law Value-Based Justice To Wealth Obtained Offenders From The Proceeds Of Corruption

<p><strong>Abstract</strong></p><p><em>The act of money laundering is very dangerous both at the national and international levels because money laundering is a means for criminals to legalize the money from their crimes to eliminate traces. In addition, the nominal money laundered is usually extraordinary in amount, so it can affect national and even global financial balances. This research method is normative legal research, namely research that refers to legal norms contained in laws and regulations, libraries, legal norms that exist in society, and the data obtained, the type of research used qualitative research is carried out by examining literature materials in the field of law and legislation related to the problem The application of money laundering law based on the value of justice to the wealth of perpetrators of crimes obtained from the proceeds of corruption. The results of this study show that the scope of the law on money laundering towards the eradication of corruption aims to find out how to put the results of evidence on the case being examined, by how the evidence is used, and by how the judge must form his conviction before the court session. The application of money laundering law based on the value of justice to the proceeds of crime from corruption </em><em>needs to be imposed on severe crimes to perpetrators of corruption crimes as a legal policy in accordance with the provisions of the applicable law. So that the community understands and considers the verdict to be as fair as it is. The law is expressly separated from morals and justice is not based on good or bad.</em><em></em></p>

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.

Investigation of Money Laundering Cases by Investigators Who Do Not Investigated the Predicate Crime

Combining predicate crime investigations with money laundering cases is very possible if investigators find sufficient preliminary evidence of the occurrence of money laundering crimes when investigating predicate crimes. Then the merger of predicate crime investigations and money laundering cases is the authority given to investigators. This paper aims to find out about the investigation of money laundering case by other investigators who did not investigate the predicate crime, and who have not investigated the predicate crime. The research method used in this paper is a doctrinal method with a statutory, case, and conceptual approach. The results of this study are that if in accordance with Article 74 of the Money Laundering Law in conjunction with Article 2 paragraph (1) of the Money Laundering Law, the two investigative agencies have the same authority to investigate predicate crimes and both are also authorized to investigate money laundering cases, the investigator agency is authorized to investigate money laundering cases where the predicate crime investigation was carried out by investigators from different agencies.

Discrepancy Between the Object of Reporting Obligation for Banks Under Anti Money Laundering Law and That Which Must Be Kept Confidential Under Anti-Tipping Off Provisions

Based on anti-tipping off provisions, the object that must be kept confidential by the reporting party (inter alias, the Bank) is information related to Suspicious Transactions Report (STR). Meanwhile, things that become the object of reporting obligations for banks also include cash financial report (CTR), and international funds transfer instructions (IFTI). This paper will discuss the legal problems that arise and the paradigm that needs to be formed regarding the discrepancy between objects of reporting obligations for banks based on AML laws and objects that must be kept secret under anti-tipping off provisions. This paper was formed using normative research methods with conceptual, statutory, and comparative approaches. In this paper it is concluded that: (a) the legal problems that arise related to the issues discussed in this paper are that there are no specific provisions that expressively can be appointed if there is a disclosure of the fact related to CTR or IFTI; and (b) The paradigm that needs to be formed regarding the issues discussed in this paper is that Article 12 of the AML Law (anti-tipping off) is applied to violations of disclosing STR. Meanwhile, for the disclosure of CTR and IFTI, the provision that was applied was Article 11 of the AML Law.

Return of State Financial Losses Resulting From Corruption and Money Laundering Crimes

Corruption has become a rampant habit within society. Corruption is a manifestation of greed in people, which they will never feel enough of the wealth they already have. One form of criminal act other than corruption that is common in Indonesian society is the Money Laundering Crime. In this journal, we examine the legal liability and principle of returning state financial losses and the application of asset forfeiture in efforts to return state finances. Under the money laundering law, judges are given the authority to be able to confiscate and expropriate the property of defendants who commit crimes of corruption and money laundering even before the fall of the judge's ruling in court. The recovery of state assets is a concept that is equal with the concept of restorative justice. The deprivation of assets in the recovery of state financial losses is quite important to quell crime with economic motives. This is because so complex are the acts of economic-motivated lending that they are often difficult and complicated for law enforcement to handle.

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.

Laundering of Proceeds Forest Destruction and Narcotics Crimes: A Resolution of The Conflict Norms

This paper will explain about the conflict of norms that arise because there are 2 (two) similar provisions (offenses) in different laws, related to 'laundering of proceeds of the forest destruction crime ' and 'laundering of proceeds of narcotics crime'. Furthermore, it is also discussed which principles must be applied to resolve the conflict of norms, and which provisions (offenses) must be applied in that case. This paper uses a normative research with a conceptual approach, statutory approach, and case approach. Through this paper it is also concluded that in case of a conflict of norms between special norms and other special norms, the most relevant principle to be applied is the juridische/systematische specialiteit principle, and in the context of the conflict of norms that occurred in case of 'laundering of proceeds of the forest destruction crime ' and 'laundering of proceeds of narcotics crime', the more relevant provision (offense) applied is the 'Money Laundering Offense' as regulated in the Money Laundering Law.

REFORMING CRIMINAL PROCEDURE LAW: CRYPTOCURRENCY AS EVIDENCE IN MONEY LAUNDERING INVESTIGATIONS

Cryptocurrency is regarded a new form of evidence yet it lacks explicit and clear regulatory recognition in the Criminal Procedure Code, the Information and Electronic Transactions Law (ITE), and the Money Laundering Law. This normative juridical research addresses the role of electronic currency as evidence in the investigation of money laundering cases. The research involved a thorough literature review, examining secondary data including primary legal materials, scholarly articles, expert opinions, and their implications for legislation. Current regulations within the Criminal Procedure Code, the Money Laundering Law, and the ITE do not adequately reflect the advancements in digital currencies. This gap suggests that the procedures for investigating and gathering evidence involving electronic money should be explicitly addressed in the new Draft Criminal Procedure Code to ensure that formal criminal procedures adapt effectively to contemporary technological developments.

The Urgency Of Corruption Crimes In The Perspective Of Islamic Criminal Law

Corruption is an extraordinary crime and can even be categorized as an international crime. corruption has been categorized as a very serious crime and has an impact on the stability of a country. The fact is that despite the existence of corruption laws and money laundering laws in Indonesia, Corruption is increasing. Thus, this paper examines how corruption is assessed as a crime in the perspective of Islamic criminal law. The research was conducted by optimizing the literature data and secondary data review. This study shows that this corruption crime does not get a single discussion in Islamic law, but is likened to the act of theft, robbery or taking other people's things without permission.

Legal Protection Model for Victims of Illegal Investment Crimes

The purpose of this study is to analyze and construct a model of legal protection for victims of illegal investment crimes. This research is a type of normative research using several approaches, namely the statute approach, case approach, and conceptual approach. The analytical technique used in this study is using analytical descriptive techniques. The results showed that the legal protection model for victims of illegal investment is to reform the Money Laundering Law with an asset recovery approach to the Corruption Eradication Law. The concept contained in Article 18 of the Corruption Eradication Law is an additional crime that can be conceptualized in the provisions of the Money Laundering Law.

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.

Policy Formulation of Criminal Actions Related To Binary Option Through The Criminal Justice System In Indonesia

The quality of technology and increasing globalization. Currently, there is a lot of investment using the Binary Option Trading model, where this practice has not been accommodated by the laws and regulations in Indonesia and has resulted in victims who suffer losses. This study aims to identify and understand the formulation policies of Binary Option Trading in Indonesia and the enforcement of Binary Option Trading laws in Indonesia. This research method is descriptive with the type of normative juridical research, using a statutory approach and a conceptual approach. Based on the results of the study showed that both organizers, Binary Options influencers and affiliates can be subject to multiple articles as regulated in the Criminal Code, the ITE Law, the Consumer Protection Law, and the Money Laundering Law. However, in the application of legal witnesses, it is important to note that criminal sanctions are the ultimum remedium, therefore it is important to apply other sanctions such as refunding losses, so that the goal of a fair sentence can be realized. In terms of law enforcement through prevention efforts, it should be prioritized, namely law enforcers must be active by carrying out integrated efforts, considering that it is an ordinary offense, so as to prevent the emergence of victims in the future. Therefore, it is important to apply other sanctions such as refunding losses, so that the goal of a just punishment can be realized. In terms of law enforcement through prevention efforts, it should be prioritized, namely law enforcers must be active by carrying out integrated efforts, considering that it is an ordinary offense, so as to prevent the emergence of victims in the future. Therefore, it is important to apply other sanctions such as refunding losses, so that the goal of a just punishment can be realized. In terms of law enforcement through prevention efforts, it should be prioritized, namely law enforcers must be active by carrying out integrated efforts, considering that it is an ordinary offense, so as to prevent the emergence of victims in the future.

The Effects of Decision Number: 15/PUU-XIX/2021 of the Constitutional Court on Indonesia’s Money Laundering Law Enforcement

Due to the discrepancy between the requirements of Article 74 of Law Number 8 of 2010 concerning the Prevention and Eradication of the Crime of Money Laundering, Civil Servant Investigators have not been able to investigate money laundering crimes, such as those in the environmental, forestry, and marine sectors. This decision of the Constitutional Court Number 15/PUU-XIX/2021 has opened up opportunities for predicate crime investigators to investigate money laundering crimes. This study’s goal is to analyze how the Constitutional Court’s ruling may affect future law enforcement efforts to combat the crime of money laundering. The normative research method was used in this study, with a statutory, conceptual, and case approach. The study’s findings indicate that by broadening the definition of investigator in Article 74 of the Money Laundering Law, it is envisaged that it will lead to more productive outcomes in the fight against money laundering, particularly in terms of implementing a criminal handling system based on the principles of simplicity, speed, and low cost.

The Impact of Criminal Policy on Money Laundering Against the Resilience of the Law

Differences in the authority of investigators over money laundering crimes committed by members of the Indonesian National Armed Forces lead to disharmony of norms, thus creating polemics in the law enforcement process, especially in efforts to eradicate money laundering. Currently, there is an expansion of investigative competence based on the Decision of the Constitutional Court of the Republic of Indonesia, which states that predicate criminal investigators are officials or bodies authorized by laws and regulations to conduct investigations. Violations committed by members of the Indonesian National Armed Forces against the crime of money laundering should be under the jurisdiction of the Military Court. This study aims to determine the development and impact of legal policies related to members of the Indonesian National Armed Forces who commit criminal acts in the jurisdiction of the Military Court I-03 Padang. The analysis of this research uses a descriptive qualitative approach by using primary and secondary data. The results indicate that the competence of military courts is vulnerable to discontinuing the legal process of money laundering. Military courts should also be given the authority to try Indonesian National Armed Forces members who commit money laundering crimes. Investigation of The Crime of Money Laundering committed by members of the Indonesian National Armed Forces in the ius constituendum must be formulated more firmly in the Money Laundering Law. Thus, the Indonesian National Army members who violate the entered in categorization of General Crimes or non-military will be subject to the general justice system, and in the investigation carried out by investigators in the general court as described in the provisions in accordance with the limitative theory.

Money Laundering As A Transnational Crime Problems And The Ideas Of Legal Policy Reformation In Indonesia

Various countries today are threatened by money laundering as a transnational crime known as borderless crime. This is because the impact of money laundering is not ordinary. The crime of money laundering has a considerable impact disrupting the stability of the economy and social life and even damaging the world economic order. However, various legal problems in dealing with money laundering often occur in Indonesia. With these various problems, it shows that Indonesia needs a legal reformulation related to money laundering as classified as a transnational crime. Based on this background, this research will discuss the problems of how money laundering can be classified as a transnational crime, the problems with its law enforcement, and the legal policy of money laundering as a transnational crime reformulation in Indonesia. This study uses a descriptive normative research method with a qualitative approach. The results show that the idea of reformulation in law enforcement of money laundering as a transnational crime in Indonesia is through the reconstruction of Mutual Legal Assistance or MLA between the Indonesian government and various countries in the world and the application of other international instruments, such as extradition and confiscation. Then regarding the problem of money laundering in law enforcement, it is necessary to reformulate the authority of the Corruption Eradication Commission or KPK to prosecute money laundering crimes originating from the criminal act of corruption because the Anti-Money Laundering Law has not yet clearly regulated the law enforcers who are authorized to carry out prosecutions for the Crime of Money Laundering. So to overcome this law enforcement problem, it is necessary to reform the money laundering law.

Implementation of the Money Laundering Law as a Predicate Crime during the Covid-19 Outbreak

Cases of criminal acts of corruption and Money Laundering have such fundamental ties. In this case the act of corruption is a part of the special criminal law in addition to having special specifications or different from the general criminal law or other, such as a deviation of procedural law and when viewed from the material regulated, the act of corruption directly or indirectly there is a the case or further criminal action from the existence of this criminal act of corruption resulting in a loss that affects the country's economy, namely by committing the crime of money laundering as an act of laundering or busting the trace rather than the original criminal activity. In addition, in these two acts there is a form of indictment which is very important in the Money Laundering Act because this is very much a part of the determination by the judge in proving an element of guilt from the offender, therefore, the preparation of an appropriate indictment in the Criminal Act of Laundering The money in which the part can't be ignored. So, in the development of the case, we need to know a lot about the continuity of corruption in the money laundering law, the use of money laundering legislation in its handling of corruption to optimize the efforts to recover state losses, and also the mechanism of imposing criminal penalties in proving the crime of money laundering without first proving the crime predicate as the most important element in imposing sanction.

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.