Constitutional Review
Vol 1, No 2 (2015)

The Influence Of The Constitutional Court Decision Against Combating Money Laundering In The Context Of Criminal Law Reform

-, Somawijaya (Unknown)
Ramdan, Ajie (Unknown)



Article Info

Publish Date
28 Mar 2016

Abstract

According to Moeljatno, Criminal Law is a part of a country’s legal system that prohibits certain acts with the threat of sanction for those who break said laws, determines when and in what cases such punishments should be imposed upon those who commit said acts and determines precisely how punishments should be carried out in the event that a person is accused of such acts. This paper will analyse Constitutional Court Decision No. 77/PUU-XII/2014 and Decision No. 21/PUU-XII/2014 regarding Criminal Law reform. Looking to the theory of procedural criminal law, an indictment of cumulative charges of money laundering requires that the underlying predicate offences be proven. If, for example, the predicate offence is corruption, the corruption must be proven as multiple crimes have been committed by the same suspect, namely corruption leading to money laundering. the Decision of  the Pretrial Judge of  the Court    of South Jakarta, Sarpin Rizaldi, and Constitution Court Decision No. 21/PUU- XII/2014 on the review of Article 77 of Act No. 8 Year 1981 concerning the Law of Criminal Procedure broadened the range of pretrial objects and greatly affected the principles of  formal criminal law.

Copyrights © 2015






Journal Info

Abbrev

const-rev

Publisher

Subject

Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Constitutional Review is a law journal published by the Constitutional Court of the Republic of Indonesia twice a year. The primary purpose of this journal is to disseminate research, conceptual analysis and other writings of scientific nature on constitutional issues. Articles published cover ...