AML/CFT Journal The Journal of Anti Money Laundering and Countering the Financing of Terrorism
AML/CFT Journal: The Journal of Anti Money Laundering and Countering the Financing Terrorism published by the Indonesia Financial Transaction Report and Analysis Center (INTRAC) or in Bahasa "Pusat Pelaporan dan Analisis Transaksi Keuangan (PPATK)", contains publication on the research and studies on issues related to Anti Money Laundering and Countering the Financing of Terrorism. The scope of articles for AML/CFT Journal shall focus on Anti-Money Laundering and Prevention of the Financing of Terrorism in which coverage includes but is not restricted to: 1. Money Laundering from Predicate Crimes; 2. Green financial crime; 3. Organized crime and Financing of Terrorism; 4. Money laundering using financial technology; 5. Development in financial crime investigations; 6. Trends in mode and typology of financial crimes; 7. Tracing and recovering assets; 8. Supervision of compliance with anti-money laundering and countering the financing terrorism programs; 9. Proliferation of mass destruction; 10. Crimes in Banking system.
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<![CDATA[Perubahan Pengaturan Tindak Pidana Pendanaan Terorisme Dalam Undang-Undang Nomor 1 Tahun 2023 Tentang Kitab Undang-Undang Hukum Pidana ]]>
<![CDATA[Ajie, Bintang Wicaksono]]>
<![CDATA[ AML/CFT Journal : The Journal Of Anti Money Laundering And Countering The Financing Of Terrorism Vol 2 No 2 (2024): Produk Intelijen Keuangan Menjawab Tantangan Pengungkapan Pidana Pencucian Uang ]]>
Publisher : <![CDATA[Pusat Pelaporan dan Analisis Transaksi Keuangan (PPATK) ]]>
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DOI: 10.59593/amlcft.2024.v2i2.69
<![CDATA[Criminal Acts of Terrorism (CAT) are a global threat that threatens national security as well as regional and global peace and stability, including Indonesia. Terrorism financing is one of the key factors that enable terrorist groups to carry out acts of terrorism in Indonesia. Therefore, efforts to prevent and eradicate the Criminal Act of Terrorism Financing (CATF) are very important to stop the CAT. In its development, CATF can be seen as a criminal act that stands alone and is different from its parent crime, terrorism. This is because terrorism financing has peculiarities as well as different modus operandi. Therefore, the international community includes it in the anti-money laundering and terrorism financing regime. In response to this, Indonesia has separated CATF from CAT through Law Number 9 of 2013 concerning the Prevention and Eradication of CATF. Over time, the Government of Indonesia has ratified and enacted the Law of the Republic of Indonesia Number 1 of 2023 concerning the Criminal Code (CC), which also regulates CATF. This research uses normative legal research methods through document review. This study analyzes the different arrangements of the CATF after enacting the new Criminal Code Law. Differences in the regulation of the CATF after the enactment of the new Criminal Code include the CATF being part of the terrorism criminal act regime and removing the phrase "intentionally" in CATF-related offenses, a decrease in the threat of criminal fines for CATF.]]>
<![CDATA[Nilai Tambah dan Tantangan Pendekatan Follow the Money pada Tindak Pidana Bidang Lingkungan Hidup ]]>
<![CDATA[Haris, Budi Saiful]]>
<![CDATA[ AML/CFT Journal : The Journal Of Anti Money Laundering And Countering The Financing Of Terrorism Vol 2 No 2 (2024): Produk Intelijen Keuangan Menjawab Tantangan Pengungkapan Pidana Pencucian Uang ]]>
Publisher : <![CDATA[Pusat Pelaporan dan Analisis Transaksi Keuangan (PPATK) ]]>
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DOI: 10.59593/amlcft.2024.v2i2.71
<![CDATA[Environmental crimes have a wide impact on the country's losses in social and economic development and threaten the sustainability of living things and the ecosystem. In addition, environmental crimes also produce follow-up crimes, namely criminal acts of money laundering (TPPU). Based on the Financial Action Task Force (FATF) July 2021 Report on Money Laundering from Environmental Crimes, environmental crime is one of the crimes that is estimated to generate the most profitable income in the world, which is around USD 110 to 281 billion annually. Unfortunately, the handling of money laundering cases related to environmental crimes in Indonesia remains suboptimal, as evidenced by the disproportionate number of environmental crimes addressed by money laundering authorities in this sector. This study examines how law enforcement of forestry and environmental crimes needs to be strengthened by a follow-the-money approach. This study used descriptive and qualitative analysis methods involving secondary data from various related institutions and primary data from unstructured interviews with several investigators in the field of environment and forestry. The findings of this study indicate that law enforcement in the areas of forestry and environmental protection, particularly in the application of anti-money laundering measures, remains suboptimal. This inadequacy is largely attributed to the limited experience of investigators in handling environmental cases. Whereas, adopting a follow-the-money approach in environmental investigations could significantly enhance the effectiveness of these efforts, allowing for a more comprehensive uncovering of past illegal activities. Additionally, this approach has the potential to identify a broader network of involved parties, including the identification of beneficial owners.]]>
<![CDATA[Potensi dan Risiko Terjadinya Tindak Pidana Pencucian Uang di Perdagangan Karbon ]]>
<![CDATA[Adiwarman, Adiwarman]]>
<![CDATA[ AML/CFT Journal : The Journal Of Anti Money Laundering And Countering The Financing Of Terrorism Vol 2 No 2 (2024): Produk Intelijen Keuangan Menjawab Tantangan Pengungkapan Pidana Pencucian Uang ]]>
Publisher : <![CDATA[Pusat Pelaporan dan Analisis Transaksi Keuangan (PPATK) ]]>
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DOI: 10.59593/amlcft.2024.v2i2.136
<![CDATA[Climate change is a global issue with visible impacts such as rising sea levels, heat waves in temperate countries, mutations of certain viruses, and melting ice in the Arctic. The primary solution to this problem is reducing greenhouse gas emissions through domestic efforts on various projects and additional mechanisms such as carbon trading. However, as an innovation in the financial services sector, carbon trading poses risks and potential for money laundering (ML) use. This study aims to provide an overview of current carbon trading practices and discuss the potential for using carbon trading for ML in Indonesia. It also aims to address relevant legal principles and issues. The study employs descriptive-analytical and normative methods to identify ML potential and uncover substantive issues within existing legal provisions. The results reveal that the mechanisms of using carbon credits and rights are vulnerable to ML use in and outside the Carbon Exchange (primary market). Moreover, the underdeveloped state of trading systems, institutions, legal provisions, transparency, and supervision exacerbates this. Prevention measures include implementing Know Your Customer principles and reporting suspicious financial transactions. Law enforcement refers to the provisions of Articles 3, 4, 5, and 6 of the Money Laundering Law.]]>
<![CDATA[Urgensi Menjadikan Hasil Analisis (HA)/Hasil Pemeriksaan (HP) PPATK Sebagai Alat Bukti dalam Perkara TPPU dan TPPT di Indonesia ]]>
<![CDATA[Sugianto, Fajar]]>;
<![CDATA[Irawan, Joshua Evandeo]]>
<![CDATA[ AML/CFT Journal : The Journal Of Anti Money Laundering And Countering The Financing Of Terrorism Vol 2 No 2 (2024): Produk Intelijen Keuangan Menjawab Tantangan Pengungkapan Pidana Pencucian Uang ]]>
Publisher : <![CDATA[Pusat Pelaporan dan Analisis Transaksi Keuangan (PPATK) ]]>
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DOI: 10.59593/amlcft.2024.v2i2.153
<![CDATA[The Indonesian Financial Transaction Reports and Analysis Centre (Indonesian: Pusat Pelaporan dan Analisis Transaksi Keuangan, or PPATK) has made several efforts to prevent and combat money laundering and terrorism financing. The main outputs of PPATK are financial intelligence reports known as Analysis Results and Examination Results. To date, these financial intelligence reports cannot be categorized as evidence that can be used by law enforcement officers in investigations or prosecutions. This study uses the Normative Juridical Dogmatic research method, aiming to provide legal arguments regarding the importance of the status of PPATK's financial intelligence reports in investigations/prosecutions as evidence. The novelty of this research lies in how the author attempts to prove that financial intelligence reports can be used as evidence in criminal cases, whereas previous studies have only stated that financial intelligence reports cannot be used as evidence in criminal cases. The findings of this study indicate that PPATK's financial intelligence reports should be admissible as evidence in handling criminal cases, but this is currently hindered by the existing laws on money laundering and terrorism financing. These regulations need to be revised promptly to strengthen the role of PPATK, particularly in the status of financial intelligence reports in supporting criminal cases.]]>
<![CDATA[Optimalisasi Open Banking pada Layanan Keuangan Digital dalam Penegakan Rezim Anti Pencucian Uang ]]>
<![CDATA[Rusli, Ganda Raharja]]>;
<![CDATA[Fermay, Anestia Hayubriandini]]>
<![CDATA[ AML/CFT Journal : The Journal Of Anti Money Laundering And Countering The Financing Of Terrorism Vol 2 No 2 (2024): Produk Intelijen Keuangan Menjawab Tantangan Pengungkapan Pidana Pencucian Uang ]]>
Publisher : <![CDATA[Pusat Pelaporan dan Analisis Transaksi Keuangan (PPATK) ]]>
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DOI: 10.59593/amlcft.2024.v2i2.158
<![CDATA[Technology has revolutionized finance, but seamless services increase fraud risks. As digital finance grows, anti-money laundering (AML) systems struggle with high transaction volumes. The main objective of this study is to verify whether open banking catalyzes the efficiency of transaction monitoring in AML. Another objective is to analyze the current agenda of regulators in Indonesia, which is related to the Indonesia Payment Systems Blueprint 2025 and customer data security. The Delphi technique pinpointed contemporary AML compliance technologies, encompassing money laundering, Regulatory Technology, and regulatory bodies. The article delves into a comparative analysis between Regulatory Technology and financial crime, which emphasizes several actions to eradicate money laundering, such as strengthening the AML system, customer screening, and allowing cross-data sharing between institutions. In addition, this paper explores RegTech's limitations and forthcoming hurdles regarding AML compliance. The finding shows that open banking catalyzes the efficiency of transaction monitoring in AML and supports the regulator's agenda to combat money laundering with some requirements.]]>
<![CDATA[Penggunaan Hasil Tindak Pidana untuk Sumbangan Dana Pemilu ]]>
<![CDATA[Arifin, Ibrahim]]>
<![CDATA[ AML/CFT Journal : The Journal Of Anti Money Laundering And Countering The Financing Of Terrorism Vol 2 No 2 (2024): Produk Intelijen Keuangan Menjawab Tantangan Pengungkapan Pidana Pencucian Uang ]]>
Publisher : <![CDATA[Pusat Pelaporan dan Analisis Transaksi Keuangan (PPATK) ]]>
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DOI: 10.59593/amlcft.2024.v2i2.169
<![CDATA[The utilization of proceeds from criminal activities for political campaign purposes in the context of General Elections, as donations from external sources, is feasible under money laundering practices. Relevant criminal provisions addressing this issue include Article 339, paragraph (1) of letter c of the Election Law, Article 5, paragraph (1) of the Money Laundering Law, and Article 137 of the Narcotics Law. Given that these provisions are lex specialis, it is essential to elucidate the parameters that will guide law enforcement officials in addressing the use of criminal proceeds for political campaigns and other electoral contests. This research employs normative juridical legal methods, focusing on an inventory of positive law. The findings indicate that the lex specialis derogat legi generali principle applies in implementing Article 339 paragraph (1) letter c of the Election Law, particularly concerning campaign participants receiving campaign fund donations from criminal activities. Article 5, paragraph (1) of the Money Laundering Law pertains to individuals who receive money or assets from criminal activities without the election participants' status. Election participants who accept the proceeds of crime for campaign funds may be suspected of being active perpetrators of money laundering or as parties who commit or facilitate money laundering.]]>
<![CDATA[Nilai Tambah dan Tantangan Pendekatan Follow the Money pada Tindak Pidana Bidang Lingkungan Hidup ]]>
<![CDATA[Haris, Budi Saiful]]>
<![CDATA[ AML/CFT Journal : The Journal Of Anti Money Laundering And Countering The Financing Of Terrorism Vol 2 No 2 (2024): Produk Intelijen Keuangan Menjawab Tantangan Pengungkapan Pidana Pencucian Uang ]]>
Publisher : <![CDATA[Pusat Pelaporan dan Analisis Transaksi Keuangan (PPATK) ]]>
Show Abstract
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DOI: 10.59593/amlcft.2024.v2i2.71
<![CDATA[Environmental crimes have a wide impact on the country's losses in social and economic development and threaten the sustainability of living things and the ecosystem. In addition, environmental crimes also produce follow-up crimes, namely criminal acts of money laundering (TPPU). Based on the Financial Action Task Force (FATF) July 2021 Report on Money Laundering from Environmental Crimes, environmental crime is one of the crimes that is estimated to generate the most profitable income in the world, which is around USD 110 to 281 billion annually. Unfortunately, the handling of money laundering cases related to environmental crimes in Indonesia remains suboptimal, as evidenced by the disproportionate number of environmental crimes addressed by money laundering authorities in this sector. This study examines how law enforcement of forestry and environmental crimes needs to be strengthened by a follow-the-money approach. This study used descriptive and qualitative analysis methods involving secondary data from various related institutions and primary data from unstructured interviews with several investigators in the field of environment and forestry. The findings of this study indicate that law enforcement in the areas of forestry and environmental protection, particularly in the application of anti-money laundering measures, remains suboptimal. This inadequacy is largely attributed to the limited experience of investigators in handling environmental cases. Whereas, adopting a follow-the-money approach in environmental investigations could significantly enhance the effectiveness of these efforts, allowing for a more comprehensive uncovering of past illegal activities. Additionally, this approach has the potential to identify a broader network of involved parties, including the identification of beneficial owners.]]>
<![CDATA[Perubahan Pengaturan Tindak Pidana Pendanaan Terorisme Dalam Undang-Undang Nomor 1 Tahun 2023 Tentang Kitab Undang-Undang Hukum Pidana ]]>
<![CDATA[Ajie, Bintang Wicaksono]]>
<![CDATA[ AML/CFT Journal : The Journal Of Anti Money Laundering And Countering The Financing Of Terrorism Vol 2 No 2 (2024): Produk Intelijen Keuangan Menjawab Tantangan Pengungkapan Pidana Pencucian Uang ]]>
Publisher : <![CDATA[Pusat Pelaporan dan Analisis Transaksi Keuangan (PPATK) ]]>
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|
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DOI: 10.59593/amlcft.2024.v2i2.69
<![CDATA[Criminal Acts of Terrorism (CAT) are a global threat that threatens national security as well as regional and global peace and stability, including Indonesia. Terrorism financing is one of the key factors that enable terrorist groups to carry out acts of terrorism in Indonesia. Therefore, efforts to prevent and eradicate the Criminal Act of Terrorism Financing (CATF) are very important to stop the CAT. In its development, CATF can be seen as a criminal act that stands alone and is different from its parent crime, terrorism. This is because terrorism financing has peculiarities as well as different modus operandi. Therefore, the international community includes it in the anti-money laundering and terrorism financing regime. In response to this, Indonesia has separated CATF from CAT through Law Number 9 of 2013 concerning the Prevention and Eradication of CATF. Over time, the Government of Indonesia has ratified and enacted the Law of the Republic of Indonesia Number 1 of 2023 concerning the Criminal Code (CC), which also regulates CATF. This research uses normative legal research methods through document review. This study analyzes the different arrangements of the CATF after enacting the new Criminal Code Law. Differences in the regulation of the CATF after the enactment of the new Criminal Code include the CATF being part of the terrorism criminal act regime and removing the phrase "intentionally" in CATF-related offenses, a decrease in the threat of criminal fines for CATF.]]>
<![CDATA[Potensi dan Risiko Terjadinya Tindak Pidana Pencucian Uang di Perdagangan Karbon ]]>
<![CDATA[Adiwarman, Adiwarman]]>
<![CDATA[ AML/CFT Journal : The Journal Of Anti Money Laundering And Countering The Financing Of Terrorism Vol 2 No 2 (2024): Produk Intelijen Keuangan Menjawab Tantangan Pengungkapan Pidana Pencucian Uang ]]>
Publisher : <![CDATA[Pusat Pelaporan dan Analisis Transaksi Keuangan (PPATK) ]]>
Show Abstract
|
Download Original
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Original Source
|
Check in Google Scholar
|
DOI: 10.59593/amlcft.2024.v2i2.136
<![CDATA[Climate change is a global issue with visible impacts such as rising sea levels, heat waves in temperate countries, mutations of certain viruses, and melting ice in the Arctic. The primary solution to this problem is reducing greenhouse gas emissions through domestic efforts on various projects and additional mechanisms such as carbon trading. However, as an innovation in the financial services sector, carbon trading poses risks and potential for money laundering (ML) use. This study aims to provide an overview of current carbon trading practices and discuss the potential for using carbon trading for ML in Indonesia. It also aims to address relevant legal principles and issues. The study employs descriptive-analytical and normative methods to identify ML potential and uncover substantive issues within existing legal provisions. The results reveal that the mechanisms of using carbon credits and rights are vulnerable to ML use in and outside the Carbon Exchange (primary market). Moreover, the underdeveloped state of trading systems, institutions, legal provisions, transparency, and supervision exacerbates this. Prevention measures include implementing Know Your Customer principles and reporting suspicious financial transactions. Law enforcement refers to the provisions of Articles 3, 4, 5, and 6 of the Money Laundering Law.]]>
<![CDATA[Urgensi Menjadikan Hasil Analisis (HA)/Hasil Pemeriksaan (HP) PPATK Sebagai Alat Bukti dalam Perkara TPPU dan TPPT di Indonesia ]]>
<![CDATA[Sugianto, Fajar]]>;
<![CDATA[Irawan, Joshua Evandeo]]>
<![CDATA[ AML/CFT Journal : The Journal Of Anti Money Laundering And Countering The Financing Of Terrorism Vol 2 No 2 (2024): Produk Intelijen Keuangan Menjawab Tantangan Pengungkapan Pidana Pencucian Uang ]]>
Publisher : <![CDATA[Pusat Pelaporan dan Analisis Transaksi Keuangan (PPATK) ]]>
Show Abstract
|
Download Original
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Original Source
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Check in Google Scholar
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DOI: 10.59593/amlcft.2024.v2i2.153
<![CDATA[The Indonesian Financial Transaction Reports and Analysis Centre (Indonesian: Pusat Pelaporan dan Analisis Transaksi Keuangan, or PPATK) has made several efforts to prevent and combat money laundering and terrorism financing. The main outputs of PPATK are financial intelligence reports known as Analysis Results and Examination Results. To date, these financial intelligence reports cannot be categorized as evidence that can be used by law enforcement officers in investigations or prosecutions. This study uses the Normative Juridical Dogmatic research method, aiming to provide legal arguments regarding the importance of the status of PPATK's financial intelligence reports in investigations/prosecutions as evidence. The novelty of this research lies in how the author attempts to prove that financial intelligence reports can be used as evidence in criminal cases, whereas previous studies have only stated that financial intelligence reports cannot be used as evidence in criminal cases. The findings of this study indicate that PPATK's financial intelligence reports should be admissible as evidence in handling criminal cases, but this is currently hindered by the existing laws on money laundering and terrorism financing. These regulations need to be revised promptly to strengthen the role of PPATK, particularly in the status of financial intelligence reports in supporting criminal cases.]]>
