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All Journal Jurnal IUS (Kajian Hukum dan Keadilan) Al-Amwal : Journal of Islamic Economic Law
Agustinus Purnomo Hadi
Military Law College, Jakarta, Indonesia
Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Other

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Reversal of the Burden of Proof in Money Laundering: A Legal Economic and Business Ethics Perspective Agustinus Purnomo Hadi; Arizon Mega Jaya; Aristama Mega Jaya
Al-Amwal : Journal of Islamic Economic Law Vol. 11 No. 1 (2026): Al-Amwal : Journal of Islamic Economic Law
Publisher : Prodi Hukum Ekonomi Syariah, Fakultas Syariah, IAIN Palopo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24256/alw.v11i1.10354

Abstract

Background: Money laundering originating from corruption has become a serious issue that not only affects law enforcement but also undermines economic stability and business integrity. The practice distorts market mechanisms, creates unfair competition, and contradicts ethical principles in both conventional and Islamic economic systems. Objective: This study aims to analyze the application of the reversal of the burden of proof in money laundering crimes derived from corruption, as well as to examine its role from the perspective of legal economics and business ethics, including Islamic business ethics. Method: This research employs a normative juridical method with statutory and conceptual approaches. Legal materials are collected through literature studies, including legislation, academic journals, and relevant legal doctrines, and are analyzed using qualitative legal interpretation. Results: The findings indicate that the reversal of the burden of proof is an effective legal mechanism in uncovering illicit assets and supporting law enforcement in money laundering cases. From a legal economic perspective, this mechanism contributes to reducing information asymmetry, enhancing transparency, and preventing market distortions. From a business ethics perspective, it promotes accountability and discourages unethical financial behavior. Furthermore, in the framework of Islamic business ethics, money laundering is inconsistent with principles such as honesty (ṣidq), trustworthiness (amānah), and justice (‘adl), thereby justifying stronger legal enforcement. Contribution: This study contributes by integrating criminal law analysis with legal economic and ethical perspectives, particularly Islamic business ethics, thus offering a more comprehensive approach to combating money laundering and strengthening ethical economic systems.
Pertanggungjawaban Pidana Beneficial Owner dalam Tindak Pidana Korupsi yang Dilakukan oleh Korporasi di Indonesia Mas Putra Zenno Januarsyah; Agustinus Purnomo Hadi; Yogi Muhammad Rahman; Amriyanto; Ahmad Jaeni
Jurnal IUS Kajian Hukum dan Keadilan Vol. 14 No. 2 (2026): Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Magister of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v14i2.2035

Abstract

Corporate corruption in Indonesia increasingly involves individuals who exercise substantive control over corporations without holding formal positions within their organizational structures. This creates a legal problem because the Criminal Code recognizes beneficial owners as potential subjects of criminal liability but does not provide clear operational parameters for the circumstances under which such liability may be imposed . This study examines the criminal liability of beneficial owners in corporate corruption cases and the legal standards required to attribute individual responsibility. It employs a normative legal research method using statutory, case, and limited comparative approaches. The findings show that beneficial-owner status and the receipt of economic benefits cannot independently establish criminal liability. Liability requires proof of effective control, a clear connection between that control and the corrupt conduct, and individual culpability. The cases of PT Imaji Media, Garuda Indonesia–Rolls Royce, and Pertamina illustrate different forms of control through nominee management, corporate intermediaries, and indirect corporate relationships. Piercing the corporate veil may assist in identifying the individuals behind corporate structures but cannot replace proof of personal involvement in the offense. The study emphasizes the need for clearer legal standards based on effective control, connection with corrupt conduct, individual culpability, and economic benefit as supporting evidence.
Co-Authors Ahmad Jaeni Amriyanto Aristama Mega Jaya Arizon Mega Jaya Mas Putra Zenno Januarsyah Yogi Muhammad Rahman