International Journal of Social Sciences and Humanities
Vol. 2 No. 2 (2024): International Journal of Social Sciences and Humanities

The Application Of The Principle Of Bank Secrecy In The Process Of Eradicating Money Laundering Criminal Offences Based On Aspects Of Legal Certainty

Rahman Maulana, Dyo (Unknown)
Ahmad Sholikhin Ruslie (Unknown)



Article Info

Publish Date
28 Jun 2024

Abstract

Bank secrecy is the core of a banking system policy and is based on the "prevalence" of general banking practices. The problem in the prevention of money laundering is basically still a challenge and will be difficult in the handling process, it is because the Law on Money Laundering has not been maximally able to take legal action, not to mention the existence of strict bank secrecy principle rules in the relevant country. This research aims to examine the application of the principle of bank secrecy in the process of eradicating the criminal offence of money laundering in the aspect of legal certainty. The research method used in this research is normative juridical with the approach used Legislation approach and conceptual approach. The conclusion of this research is that bank secrecy is no longer the main reason for banks to refuse or delay providing information requested by law enforcement officials. The bank must comply with the procedures and mechanisms that have been established by law in order to avoid abuse of the principle of confidentiality for improper purposes. In the process of implementing money laundering criminal offences, it is necessary to run in a balanced, fast, and precise manner with effective law enforcement efforts. In addition, a structured and confidential information exchange mechanism between banks and law enforcement is important to strengthen the investigation and investigation process.

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Journal Info

Abbrev

ijssh

Publisher

Subject

Arts Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

Description

(IJSSH). It is an international refereed journal in english published four monthly (every February, June, and October). The IJSSH is an international peer-reviewed, electronic, online journal in english that provides rapid publication of articles in all areas of the social science, humanity and ...