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All Journal Indonesian Journal of International Law ULJLS
Yunus Husein
Pusat Pelaporan dan Analisis Transaksi Keuangan (PPATK)
Law, Crime, Criminology & Criminal Justice Social Sciences

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Tindak Pidana Pencucian Uang Husein, Yunus
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Money laundering is considered as a transnational organized crime. The logic of elimination money laundering is to omit the criminal’s motivation to enjoy their proceed of crime. The efforts to eliminate money laundering is much related to the issues of national jurisdiction. Thus, it requires international cooperation among countries, where international law is needed. Eventhough there is still no specific convention about money laundering, but regulation about money laundering is partially arranged in some conventions such as Vienna Convention 1988 and in UN Convention on Transnational Organized Crimes 2000. Indonesia has enacted a regulation is amended by UU No. 25 Tahun 2003. This article will describe the implementation of international law on money laundering in the list of non-cooperatives countries and territories (NCTT).
NATIONAL AND INTERNATIONAL COOPERATION ON THE PREVENTION AND ERADICATION OF MONEY LAUNDERING Husein, Yunus
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

The Prevention and eradication of money laundering, as one of the new paradigm in the effort of combating crimes, has its own mechanism in conducting both national and international cooperation, especially in relation to the cooperation of information exchange. The cooperation is mediated by the establishment of Memorandum of Understanding, and can also be conducted by the principle of reciprocity among parties. In its practice, the cooperation will strengthen the performance of Indonesian Financial Transaction Report and Analysis Center (INTRAC/PPATK) in conducting its duties and authorities as Financial Intelligence Unit.
THE NECESSITY TO REFORM INDONESIAN LEGAL FRAMEWORK ON PROVISIONAL ARRANGEMENT TO COMBAT IUU FISHING Husein, Yunus; Aziz, Muhammad Faiz
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Indonesia has not yet concluded its maritime boundaries with neighbouring countries. Incidents often occur including Illegal Unreported and Unregulated Fishing (IUU) Fishing conducted by fishers from neighboring countries. In fact, their actions are sometimes backed by their /coast guard. Maritime delimitation is the final goal that must be achieved to provide legal certainty over the territory and Exclusive Economic Zone of Indonesia and its neighbours. However, achieving that goal is never been easy. Article 74(3) of the United Nations Convention on the Law of the Sea (UNCLOS) 1982 determines joint or provisional arrangements between disputing countries as temporary solution before reaching agreement on delimitation in EEZ. Indonesia must utilize and optimize this provision in order to combat the IUU Fishing, to protect fisheries resources and to support in achieving maritime boundary delimitation. The state already has the relevant legal and institutional framework to implement the provisional arrangement and, once, had a provisional arrangement with Australia decades ago although in the field of hydrocarbon. The arrangement was deemed as the most prominent one at that time. The experience of other countries in implementing of provisional arrangement in combating IIU Fishing, protecting the resources and achieving maritime delimitation might encourage Indonesia to utilize and optimize provisional arrangements in disputed areas.
NATIONAL AND INTERNATIONAL COOPERATION IN THE PREVENTION AND ERADICATION OF MONEY LAUNDERING Husein, Yunus
Indonesian Journal of International Law
Publisher : UI Scholars Hub

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (86.241 KB)

Abstract

The Prevention and eradication of money laundering, as part of the new paradigm in the effort to combat crimes, has its own mechanism in both national and international cooperation, particularly in relation to information exchange. The cooperation is pursuant to a Memorandum of Understanding, but can also be simply pursuant to the principle of reciprocity among parties. Once effective, this cooperation will strengthen the performance of Indonesian Financial Transaction Report and Analysis Center (INTRAC/PPATK) in performing its duties and exercising its authority as the Financial Intelligence Unit.
Memerangi Kejahatan Kehutanan dan Mendorong Prinsip Kehati-hatian Perbankan untuk Mewujudkan Pengelolaan Hutan yang Berkelanjutan Pendekatan Anti Pencucian Uang Setiono, Bambang; Husein, Yunus
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

If the illegal logging is just a criminal whose involve the poor society which their life depend to the forest, truck driver or forest guards whose underpaid, that criminal would not be difficult to stop. With the involvement of support from the illegal logging funders, which usually called cukong, illegal logging industry and government employees, the illegal logging has become a complex problem, not only in Indonesia, but also for the international forest community. The forestry law enforcement approach which now is running failed to capture the mastermind of illegal logging. But, the money laundering law enforcement approach which with the approach in “follow the money” may be the option to face the actors in illegal logging. This approach requires the bank and the other financial service providers for more active and careful in run the financial transaction whose related to their customers. Bank customers may be the funders of illegal logging, wood industry, law enforcement instrument and government instrument. Overall, the use of anti-money laundering regime effectively will give the opportunies to encourage the banking precautionary principles and the forest management, and to reduce the forest criminal.
Reversal of Burden Proof as a Reform of Criminal Law Eradicate Money Laundering Azizah, Hanifah; Santoso, Topo; Husein, Yunus; Mulyadi, Mahmud
Ultimate Journal of Legal Studies Vol. 1 No. 2 (2023): Contemporary Legal Issues
Publisher : Talenta Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32734/uljls.v1i2.13758

Abstract

One of the efforts of the Indonesian government in reducing money laundering is to pay special attention in terms of proof, namely with the reverse proof system.  Over time, the reversed proof system in the Corruption Law is still regulated even though the Corruption Law has undergone many changes. Although it has been included in positive law, in practice this proof is not applied thoroughly and there are still obstacles in its application. This research seeks to answer in what cases the reverse burden of proof is applied and what are the obstacles in its application. This type of research is normative juridical. The results of the study resulted in the merging of corruption cases with money laundering can be considered to provide its own advantages in handling corruption cases. More actors are ensnared including corporations. Maximum punishment, streamlining the return of state assets can impoverish corruptors. Legal culture that has not adapted to the new system, reverse evidence is not clearly regulated in the law.
Co-Authors Azizah, Hanifah Bambang Setiono Mahmud Mulyadi Muhammad Faiz Aziz, Muhammad Faiz Topo Santoso