The Juridical Analysis of Potential Asset Recovery Using Act No. 8 of 2010 Concerning the Crime of Money Laundering

Abstract

In particular, the purpose of this study is to examine and analyze the police strategy in implementing asset recovery in accordance with the Money Laundering Law. In this paper, the author uses a normative juridical method. The conclusion of the discussion is that the application of asset recovery is an effort by the Police with provisions regarding the blocking of assets, inquiries of assets, and confiscation. Because what is blocked is not an account, but assets worth or amount that is known or reasonably suspected to have originated from a criminal act, the account activity will not be disrupted, provided that the amount of funds blocked in the account may not temporarily reduce the amount of funds in the account completely blocked on condition that the Investigator/PU/Judge in the blocking order and the Minutes of Blocking must mention "certainty on the amount of assets/money that should be blocked, is still under investigation and the results will be announced later. Requests for information (opening bank secrets), to request information from Financial Services Providers regarding the assets of each person that has been reported by PPATK, suspects, or defendants, no application is required from the National Police Chief / Attorney General / Chief Justice of the Supreme Court to seek permission from the Governor of BI ( Article 33 of the Money Laundering Law.