The Role of Banking in Preventing Money Laundering Crimes Linked to the Principle of Bank Secrecy

Abstract

In this very sophisticated era of globalization, there are more and more forms of crime and their types are increasingly complex, many crimes that have been carried out now use financial institutions, especially banks, as targets. The purpose of this study is to find out, review and analyze the legal regulations on money laundering, how banks are related to preventing money laundering crimes with the principle of bank secrecy. As well as to find out, review and analyze the problems of bank secrecy in efforts to prevent money laundering crimes. The approach method used is normative juridical, namely a legal research method used referring to existing Literature Studies or Secondary Data and aims to obtain Normative Knowledge about the Relationship between one Regulation and another Regulation and its Application in Practice. The writing specifications use descriptive analysis, the sources and types of data used are secondary. Data collection methods through literature research, document studies, and using qualitative data analysis methods. The problems are analyzed with the theory of overcoming criminal acts, and the theory of legal certainty. The research results explain that the arrangementThe law on money laundering in Indonesia is regulated in Law No. 8 of 2010 concerning the crime of money laundering, the involvement of banks in preventing the crime of money laundering with the principle of bank secrecy. is to increase public trust in a bank by implementing bank compliance with bank secrecy obligations, which concerns whether or not the bank can be trusted by customers to store their funds and/or use other services from the bank not to disclose the condition of the customer's money and transactions and other conditions of the customer concerned to other parties. the problem of bank secrecy in efforts to prevent money laundering is because there is still fraud or insiders and banks need several programs to stay safe from money laundering efforts.