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All Journal Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan Priviet Social Sciences Journal
Rahmat Efendy Al Amin Siregar
Universitas Islam Negeri Ar-Raniry
Religion Economics, Econometrics & Finance Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Legal analysis of the PPATK mechanism in blocking dormant accounts in money laundering (reviewed according to the theory of criminal liability) Teguh Bagus Prabowo; Rahmat Efendy Al Amin Siregar; Muhammad Husnul
Priviet Social Sciences Journal Vol. 6 No. 6 (2026): June 2026
Publisher : Privietlab

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55942/pssj.v6i6.1821

Abstract

This study aims to analyze the mechanism for blocking dormant accounts by the Financial Transaction Reports and Analysis Center (PPATK) in the context of preventing money laundering, as well as to examine its alignment with the theory of criminal liability. The method used is normative legal research with a statutory approach, through an examination of Law No. 8 of 2010, PPATK Regulation No. 18 of 2017, and criminal law doctrine regarding the principle of geen straf zonder schuld. The research findings indicate that the PPATK’s authority to temporarily suspend transactions constitutes a preventive administrative measure, wherein the PPATK is only authorized to request financial service providers to temporarily suspend transactions based on the results of analyses of suspicious financial transactions, rather than directly blocking accounts as a form of criminal sanction. The status of a dormant account itself is of an administrative nature and cannot serve as a basis for imposing criminal liability on its owner. However, in practice, there is a discrepancy between legal norms and their implementation, particularly regarding inconsistent procedures, a lack of transparency, and unclear criteria for designating high-risk dormant accounts. These conditions have the potential to impose restrictions on customer rights that resemble sanctions (quasi-punitive) without undergoing an adequate criminal legal process. From the perspective of criminal liability theory, this mechanism does not satisfy the element of fault (mens rea), and thus cannot be equated with criminal sanctions. Therefore, strengthened regulations, clear delineation of authority, and effective legal protection mechanisms are necessary to ensure legal certainty and the protection of customer rights.
Reconstructing Maslahah as an Epistemological Principle within the Framework of Religious Liberalism: Toward a New Rationality in Usul al-Fiqh Zulfan Efendi; Rahmat Efendy Al Amin Siregar
Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan Vol. 13 No. 1 (2026): Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan
Publisher : Hukum Keluarga Islam IAIN LANGSA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/qadha.v13i1.13123

Abstract

Most research on maslahah stops only on methodological instruments in legal istinbat and research on liberalism is only centered on theological and political frameworks, without systematically reconstructing the position of maslahah as an epistemological principle in the construction of usul al-fiqh. This research aims to reconstruct the concept of maslahah in the framework of religious liberalism and affirm its position in the epistemology of Islamic law as the basis for the formation of a new rationality in usul al-fiqh. This research is a normative-conceptual research with an approach to Islamic legal theory and legal philosophy, using a literature analysis method on the thoughts of Islamic legal reformers. The main findings of this study show three main things. First, maslahah in the perspective of religious liberalism is positioned as an epistemological principle, not merely an additional methodological consideration. Second, the reconstruction shifts the orientation of usul al-fiqh from a textual-formal approach to a rational-contextual approach that is dialogical between revelation and social reality. Third, the implication is the affirmation of Islamic law as a normative system as well as an ethical-social instrument to realize justice, freedom, and universal welfare (al maslahah al ammah). The implications of this study confirm the need to reorient contemporary Islamic legal methodology towards a more integrative and contextual epistemological paradigm, thereby strengthening the contribution of usul al-fiqh in the discourse of Islamic law reform as well as the development of Islamic legal theories that are responsive to modern social dynamics.
Co-Authors Muhammad Husnul Teguh Bagus Prabowo Zulfan Efendi