Juridical Analysis of Criminal Liability of Offenders Participating in the Crime of Money Laundering

Uning Haryani

Abstract


The problem of money laundering as a crime has an international dimension. In Indonesia, regulation of money laundering crimes is set forth in Law Number 8 of 2010 concerning the Prevention and Eradication of Money Laundering Crimes. The form of accountability for ML perpetrators is regulated in this law, money laundering is any act that fulfills the elements of a criminal act in accordance with the provisions of this law. In general, it can be said that money laundering is a method of hiding, transferring, and using the proceeds of a crime, organized crime, economic crime, corruption, narcotics trafficking, and other predicate offenses. This study uses a normative juridical approach. As for obtaining data from this discussion, researchers use legally binding materials, namely laws. Data analysis using juridical analysis. Data analysis techniques are qualitative analysis in the form of presentations, descriptions, and descriptions of research results. The results of the study that as has been statedby the public prosecutor, that the defendant had committed the act of participating in the crime of money laundering as stipulated and punishable by crime in the First Primary Indictment: Article 3 Jo. Article 10 of RI Law Number 8 of 2010 concerning Prevention and Eradication of Money Laundering Crimes. must be held responsible for the actions he has committed and the Panel of Judges stated that the Defendant was proven legally and convincingly guilty of committing the crime of "participating in the crime of money laundering" as stipulated and punishable by a criminal sentence in the Public Prosecutor's First Primary Indictment, and the Panel of Judges imposed a sentence on The defendant is therefore subject to imprisonment for 4 (four) years and a fine of IDR 100,000,000.

Keywords


Criminal; Money Laundering; Participating.

Full Text:

PDF

References


Constitution

Abdul Jalal, Suwitno, Sri Endah Wahyuningsih, Involvement of Notary Officials in Unlawful Acts and Participating in Crimes in Forging Documents, Notary Masters Program (S2) Faculty of Law, Sultan Agung Islamic University, Semarang, 2018.

Adrian Sutedi, Crime of Money Laundering. Image Aditya Bakti. London, 2008.

Aziz Syamsuddin, Special Crimes, Sinar Graphic, Jakarta, 2011.

Bambang Waluyo, Crime and Punishment, Jakarta: Sinar Graphic, 2008.

Hussein, Yunus. Anthology of Anti-Money Laundering. Books Terrace and Library, Bandung, 2007.

Ivan Yustiavandana, Arman Nefi, and Adiwarman, Crime of Money Laundering in the Capital Market, Ghalia Indonesia, Bogor, 2010

Law Number 8 of 2010 concerning Prevention and Eradication of Money Laundering Crimes.

Lilik Mulyadi. Criminal Procedure Code, Citra Aditya Bakti, Bandung 2017.

Mahendri Massie "Criminal Act of Embezzlement in Using Position Based on Article 415 of the Criminal Code", Lex Crimen, Volume VI, Number 7 September 2017

Moeljatno, Principles of Criminal Law, Bina Literacy, Jakarta, 1983.

R.Wiyono, Discussion of the Law on the Prevention and Eradication of Money Laundering, Sinar Graphic, Jakarta, 2014.

Suyanto, Introduction to Criminal Law, Deepublish Dumi Utami, Yogyakarta, 2018.

Teguh Prasetyo, Criminal law, Rajawali Press, Jakarta , 2016.

The Criminal Code (KUHP)




DOI: http://dx.doi.org/10.30659/rlj.2.2.%25p

Refbacks

  • There are currently no refbacks.


Ratio Legis Journal has been indexed in: