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Journal : POLICY, LAW, NOTARY AND REGULATORY ISSUES (POLRI)

CRIMINAL LAW ENFORCEMENT IN EFFORTS TO ERADICATE MONEY LAUNDERING IN INDONESIA Sibero, Sari Maharani Tarigan; Kristiawanto, Kristiawanto; Ismed, Mohammad
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 3 No. 4 (2024): OCTOBER
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v3i4.1461

Abstract

Money laundering is an illegal act that aims to hide traces of funds obtained from crime, so that they appear legitimate and legal. Money launderers use a variety of complex methods to evade law enforcement, while still enjoying the proceeds of their crimes. In Indonesia, there are laws designed to prevent and eradicate the criminal offence of money laundering, complemented by various instruments to streamline law enforcement. This research uses the normative juridical method, with qualitative analysis of juridical data in the form of laws and regulations and expert opinions. This research confirms that the formulation of the elements of the crime of money laundering in Articles 3, 4, 5, 6, 7, 8, 9, and 10 of Law No. 8 of 2010 can facilitate the process of investigation, prosecution, and examination. This simpler formulation of unlawful acts allows law enforcement officials to be more effective in taking action against money launderers, especially with regard to corporate legal subjects. Thus, clear and simple regulations can increase the success of law enforcement in dealing with money laundering offences in Indonesia.
Criminal Law Enforcement Against Perpetrators of Environmental Pollution in The Criminal Justice System in Indonesia Zaenudin, Aa Muhamad; Kristiawanto, Kristiawanto; Maryano, Maryano
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 4 No. 2 (2025): APRIL
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v4i2.1675

Abstract

This study aims to analyze the effectiveness of criminal law in addressing environmental pollution in Indonesia and to explore the concept of an ideal environmental criminal law enforcement framework for the future. This study applies a normative legal research method to obtain relevant data concerning the issues under investigation. The data used in this research come from secondary data sources and tertiary legal materials. Additionally, primary data are utilized to support the legal materials obtained from secondary sources. The data analysis is conducted using a qualitative juridical analysis method. This research employs John Rawls’ theory of justice and the theory of law enforcement. The findings of this study indicate that, despite efforts to enforce criminal law against environmental polluters, the sanctions imposed often fail to create the expected deterrent effect. Law enforcement still encounters challenges, such as conflicts between economic interests and environmental protection, weak legal culture, as well as limitations in infrastructure and evidence gathering. To enhance its effectiveness, a more comprehensive approach is required, integrating restorative and preventive approaches along with the application of the principle of distributive justice. The restorative approach focuses on victim and environmental recovery through alternative dispute resolution mechanisms, while the preventive approach, through administrative supervision, aims to prevent violations from occurring. Additionally, strengthening legal awareness through public education and enhancing collaboration among law enforcement agencies, such as the Ministry of Environment, the police, and the prosecutor's office, are essential steps in establishing a more effective and just environmental criminal law enforcement system.