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Journal : yuridika

ANALISIS PERAN PPATK SEBAGAI SALAH SATU LEMBAGA DALAM MENANGGULANGI MONEY LAUNDERING DI INDONESIA Toetik Rahayuningsih
Yuridika Vol. 28 No. 3 (2013): Volume 28 No 3 September 2013
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (168.102 KB) | DOI: 10.20473/ydk.v28i3.349

Abstract

The promulgation of the Law No. 8 Year 2010 on the Prevention and Eradication of Money Laundering creates a fundamental advancement of law enforcement in the field of criminal law. The fundamental change includes; broader change of the authority of PPATK to investigate suspicious transactions, blocking delay transaction, recommend surveillance, enforce of administrative sanctions, and conducta joint cooperation on anti money laundering and asset returnsas results of a criminal offence. By the authority PPATKwill be able to maximize its role as focal point in the prevention and eradication of the crime of money laundering and be able to strengthen the cooperation in the event when the suspect rushed out of the country. In the asset recovery program, PPATK plays important role especially in terms of financial information intelligence for the purposes of assets tracing, both on the analysis, and the investigation, prosecution and proceedings in the court.Keywords: authority of PPATK, combating money laundering.
Unlawfulness of Crime in The Standpoint of The Rechtsgut Theory Wahyu Sudrajat; Toetik Rahayuningsih; Sarwirini
Yuridika Vol. 41 No. 3 (2026): Volume 41 No 3 September 2026
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/ydk.v41i3.67797

Abstract

A crime, as an act punishable by law, must be deemed unlawful as the imposition of punishment for something that is not unlawful is inherently arbitrary. Nevertheless, the precise essence of unlawfulness in the context of a crime remains a topic of debate among legal scholars. Furthermore, the inclination to conflate the concept of unlawfulness in criminal law with that of tort in civil law poses the risk of infringing upon the principle of legality, which is fundamental to criminal law. The current study aims to present an alternative viewpoint on the concept of unlawfulness, specifically from the standpoint of the rechtsgut theory. This theory originates from German criminal law and has demonstrated its efficacy in addressing certain legal issues. The study employs normative legal methodologies, incorporating primary and secondary legal sources. The research findings indicate that, according to the rechtsgut theory, the essence of the unlawfulness of crime pertains to the injury upon legal good as protected legal interests within a criminal provision, absent any justifiable rationale as a manifestation of protecting a more priority legal good. Thus, the essence of unlawfulness is contingent upon the protected legal interests outlined in a criminal provision, and such essence does not conflict with the principle of legality.