Pena Justisia: Media Komunikasi dan Kajian Hukum
Vol. 23 No. 002 (2024): Pena Justisia (Special Issue)

A MUTUAL LEGAL SUPPORT FOR CROSS-JURISDICTIONAL LAW ENFORCEMENT AMONG ASEAN MEMBERS : (EFFORTS TO ABOLISH INTERNATIONAL DIMENSIONS OF MONEY LAUNDERING IN INDONESIA )

Efendi Lod Simanjutak (Universitas Prasetiya Mulya)
Yuris Tri Naili (Universitas Harapan Bangsa)



Article Info

Publish Date
20 Nov 2024

Abstract

Transactional crimes, particularly cross-border money laundering, disrupt the global economy. Globalization and scientific and technological advancements have made money launderers able to work across borders and quickly escape to other countries to avoid being prosecuted. In many nations, this scenario leads to the phenomenon of transnational fugitives. Because of this, those who commit crimes against justice and humanity may go unpunished. Cross-border money laundering has grown to be a global issue that calls for a worldwide response. This crime has grown due to globalization, which has also made it simpler for offenders to escape to other countries to avoid being prosecuted. Injustice and impunity may result from this situation. This is because the extradition tool used up to this point has recently lost some effectiveness. Consequently, after the ratification of the ASEAN Treaty on Mutual Legal Assistance in Criminal Matters 2004 (MLAT 2004), a different tool is required through Mutual Legal Assistance (MLA). This is meant to prevent offenders—particularly Indonesian fugitives who are still at large in Singapore—from going free. However, law enforcement against foreign TPPU in Indonesia must also be rebuilt, particularly regarding inbound extradition. It has not addressed human rights (HAM) or offered legal clarity thus far. The ASEAN principle of free movement of judgment is believed to prevent criminals from going unpunished, and the court should decide on overseas extradition to Indonesia. Recommendation: To combat cross-border money laundering, more formal agreements must be signed, and law enforcement and other nations must work together.

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Journal Info

Abbrev

hk

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Pena Justisia aims to provide a forum for lecturers and researchers to publish the original articles about Law Science. Focus of Pena Justisia is publishing the manuscript of outcome study, and conceptual ideas which specific in the sector of Law science. We are interested in topics which relate ...