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APPLICATION OF THE LAW ON THE CRIME OF MONEY LAUNDERING AGAINST PERPETRATORS OF CRIME OBTAINED FROM THE PROCEEDS OF CORRUPTION Mhd Azhali Siregar; Haris Putra Hutabarat; M. Fikri Akbar
International Conference on Health Science, Green Economics, Educational Review and Technology Vol. 4 (2022): International Conference on Health Science, Green Economics, Educational Review and T
Publisher : Universitas Efarina

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ihert.v4i1.288

Abstract

The act of money laundering is very dangerous both at the national and international levels because money laundering is a means for criminals to legalize the proceeds of crime in order to eliminate traces. In addition, the nominal amount of money laundered is usually extraordinary, so it can affect national and even global financial balance sheets. The nature of the research used is normative legal research and the data collection method used in this research is secondary data obtained through library research, namely by conducting research on various literatures such as books, laws, which aim to find conceptions, or understandings related to the problem of applying the law of money laundering against criminals obtained from corruption. The crime of corruption is one part of special criminal law in addition to having certain specifications that are different from general criminal law, such as the existence of procedural law deviations and when viewed from the material regulated, the crime of corruption is directly or indirectly intended to minimize leakage and irregularities in the state's finances and economy. The application of the law on money laundering to the eradication of corruption aims to find out how to put the results of evidence on the case being examined, by what means the evidence is used and by what means the judge must form his belief before the court. In essence, in order to apply evidence or the law of evidence, the judge then starts from the evidentiary system with the aim of knowing how to put an evidentiary result on the case being tried.
AUTHORITY AND FUNCTIONS OF PROSECUTORS IN INDONESIAN CRIMINAL JUSTICE Ris Piere Handoko; Mhd Azhali Siregar; Muhammad Arif Sahlepi
International Conference on Health Science, Green Economics, Educational Review and Technology Vol. 7 No. 1 (2025): 9th IHERT (2025): IHERT (2025) FIRST ISSUE: International Conference on Health
Publisher : Universitas Efarina

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ihert.v7i1.467

Abstract

Indonesia is a state based on law. The 1945 Constitution of the Republic of Indonesia, as amended 4th, as the constitution of the Unitary State of the Republic of Indonesia, is the highest positive law applicable in the Indonesian legal system. Discussing the Indonesian legal system means discussing the systemic law applicable in Indonesia. The criminal justice system contains a systemic movement of its supporting subsystems, namely the police, prosecutors, courts, and correctional institutions, which as a whole and constitute a unity (totality) strive to transform inputs into outputs that are the goal of the criminal justice system, namely, overcoming crime or controlling the occurrence of crime so that it is within the limits of tolerance that can be accepted by society. This study aims to determine the authority and function of prosecutors in the criminal justice system in Indonesia according to the Criminal Procedure Code. The method used in this study is the normative juridical method, namely the addition method by adhering to applicable legal norms or rules. The results of the study show: The prosecutor's office in Indonesia has quite limited authority compared to prosecutors in the Netherlands, England, or America. In addition to being listed in the Criminal Procedure Code, the duties and authorities of the prosecutor's office in carrying out its function as a subsystem/component of law enforcement of the Indonesian criminal justice system are listed in Law Number 16 of 2004 concerning the prosecutor's office. The prosecutor's office is a non-departmental institution, which means it is not under any ministry, the peak of the prosecutor's office leadership is held by the attorney general who is responsible to the president. The criminal justice process can be interpreted as all stages of examining criminal cases to uncover criminal acts that have occurred and take legal action against the perpetrators. By going through various institutions, the criminal justice process starts from the Police institution, continues to the Prosecutor's Office, to the Court Institution and ends at the Correctional Institution.