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All Journal Refleksi Hukum: Jurnal Ilmu Hukum Journal of Law, Poliitic and Humanities
Sahuri Lasmadi
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Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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PEMBUKTIAN TERBALIK PADA TINDAK PIDANA PENCUCIAN UANG Sahuri Lasmadi; Elly Sudarti
Refleksi Hukum: Jurnal Ilmu Hukum Vol 5 No 2 (2021): Refleksi Hukum: Jurnal Ilmu Hukum
Publisher : Universitas Kristen Satya Wacana

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (237.711 KB) | DOI: 10.24246/jrh.2021.v5.i2.p199-218

Abstract

This research is motivated by the difficulty of the proving process in the crime of money laundering in which mechanism to reverse the burden of proof is used during examination in court. This research is normative legal research, using a statutory, conceptual, and case approach. From the results of this research, it can be concluded: (1) Reverse evidence is applied to the assets of the defendant, both for active money laundering (Article 3 and Article 4) and passive money laundering (Article 5). However, the concept of reverse proof is not clearly and explicitly explained in the PP TPPU Law, confusing its implementation in court. (2) If the defendant succeeds in proving, the assets are still under the control of the accused and his heirs. On the other hand, if the defendant fails to prove, the defendant's assets will be confiscated by the State after a binding court decision is released.
Configuration of Assets of Criminal Offenders Taxation From A Perspective Criminal Procedure Law Defry Romandhany; Sahuri Lasmadi; Herry Liyus
Journal of Law, Politic and Humanities Vol. 4 No. 5 (2024): (JLPH) Journal of Law, Politic and Humanities (July-August 2024)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v4i5.470

Abstract

The aim of this research is first, to determine and analyze the confiscation of assets of perpetrators of tax crimes from the perspective of criminal procedural law. Second, to find out and analyze future criminal law policies regarding the regulation of confiscation of assets of perpetrators of tax crimes from the perspective of criminal procedural law. The legal issues discussed in this normative research are: First, what are the legal regulations for confiscating assets of perpetrators of tax crimes? Second, what will be the future criminal law policy regarding the regulation of confiscation of assets of perpetrators of tax crimes from the perspective of criminal procedural law? The research method used is normative juridical with approaches (Statue Approach, (Conceptual Approach), (case approach), and (comparative approach). The legal material in this research was collected through literature studies, laws, government regulations, as well as regulations under law, journals, and legal cases used by this author. As well as other supporting materials. The results of this research show that the Asset Confiscation Bill is an opportunity to recover state losses in Indonesia. With the existence of an asset confiscation mechanism, eradication law enforcement uses two mechanisms, namely penal and non-penal. This is because, confiscation of assets without criminal prosecution does not eliminate the mechanism for criminal prosecution of the perpetrator's crimes in court. The scheme used by developed countries in connection with the confiscation of assets resulting from criminal acts is unexplained wealth. In the context of the Indonesian legal system, there is a need for reform both in terms of juridical, concept and paradigm which must be carried out synergistically and sustainably. Therefore, to enforce unexplained wealth, there must be a comprehensive and accommodating regulatory framework as shown in the Criminal Asset Confiscation Bill.
Co-Authors Defry Romandhany Herry Liyus Sudarti .