Ius Positum: Journal of Journal Of Law Theory And Law Enforcement
Vol. 1 Issue 3 (2022)

THE URGENCE OF IMPLEMENTING LAW IN MONEY LAUNDERING ON THE ERADICATION OF CORRUPTION TO OPTIMIZE THE RECOVERY OF STATE FINANCIAL LOSS

Tambunan, Ria Berlian (Unknown)
Sholehuddin, Dr. M. (Unknown)



Article Info

Publish Date
11 Aug 2022

Abstract

Corruption in Indonesia has not decreased, as reflected in the Transparency International report. Indonesia's Corruption Perception Index (CPI) dropped by 3 points, from 40 in 2018–2019 to 37 in 2019–2020. One major impact of corruption is the loss of state finances; therefore, a different approach is needed to eradicate corruption effectively. This would ensure that state financial losses can be optimally recovered and reused for the nation's benefit and the people's prosperity. The research method employs a normative approach with a legislative framework. Additionally, it utilizes secondary legal materials, particularly literature that examines the correlation between corruption and money laundering. The research concludes that money laundering and corruption are closely linked, as the original crime stems from corruption. This is clearly and explicitly stated in Article 2, Paragraph (1) of Law No. 8/2010. Furthermore, Law No. 8/2010 does not only punish active and passive perpetrators but also regulates legal actions such as asset confiscation and recovery. This is achieved through tracking assets derived from crimes at different stages: placement of illicit funds into the financial system, layering, and ultimately, asset recovery, where transacted and utilized funds are reclaimed.

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Journal Info

Abbrev

jlte

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Ius Positum (Journal of Law Theory and Law Enforcement) is an open acces journal which affiliated with a law firm JF Law Firm. Ius Positum facilitates academics, researchers and legal practitioners to contribute in publishing articles that include original academic thoughts in field of Law Theory ...