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All Journal Jurnal Hukum Progresif Jurnal Ius Constituendum
Sulistyo, Edhei
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Law, Crime, Criminology & Criminal Justice

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Obstacles in Proving the Crime of Money Laundering by Law Enforcement in Indonesia Sulistyo, Edhei; Pujiyono, Pujiyono; Cahyaningtyas, Irma
Jurnal Ius Constituendum Vol. 9 No. 1 (2024): FEBRUARY
Publisher : Magister Hukum Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/jic.v9i1.8025

Abstract

This research aims to determine the obstacles to proving criminal acts of money laundering by law enforcement in Indonesia. The legal view regarding the crime of money laundering in Indonesia is that as long as there is no guilty verdict against the perpetrator of the predicate crime, then anything related to assets cannot be carried out. In practice, law enforcement still uses follow-up measures for money laundering suspects who prioritize punishment over asset recovery. This research focuses on proving the obstacles to the implementation of the Money Laundering Crime Law in the Police, Prosecutor's Office, and Corruption Eradication Commission. The research method in this writing uses doctrinal methods (juridical-normative) and non-doctrinal methods (juridical-empirical or socio-legal). The research results show that there still needs to be more conflict between the interests of law enforcement and the police, especially in terms of proving and recovering state losses. Obstacles to asset recovery that prosecutors can carry out are obstacles for prosecutors who are not given the authority to investigate criminal acts of money laundering that occurred before the 2010 Law on Money Laundering because the old law did not regulate the prosecutors' authority regarding this matter. Affairs. Criminal investigation. Money laundering. Likewise with the Corruption Eradication Commission, regarding the provisions of Article 69 concerning predicate crimes, they do not have to be proven first. Obstacles to Proving the Crime of Money Laundering by Law Enforcement in Indonesia.
NOTARY AS A REPORTING PARTY IN THE ERADICATION OF THE CRIME OF MONEY LAUNDERING Sulistyo, Edhei
Jurnal Hukum Progresif Vol 9, No 2 (2021): Oktober 2021
Publisher : Doctoral of Law Program, Faculty of Law, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/jhp.9.2.87-98

Abstract

The purpose of this study is to find out and analyze the disharmony of notary arrangements as reporting parties in efforts to eradicate money laundering. This research uses qualitative methods and normative juridical approaches, as well as descriptive analytical research specifications. The results of the study indicate that the notary arrangement as one of the reporting parties in the effort to eradicate the money laundering crime regulated through a government regulation has violated the principle that the applicable laws and regulations can only changed by laws and regulations that are equivalent or higher, has also violated several principles of the formation of good laws and regulations, including institutional principles and also the principle of conformity.
Co-Authors Irma Cahyaningtyas, Irma Pujiyono Pujiyono