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.
Articles
52 Documents
<![CDATA[Konstruksi Hukum Terhadap Kewajiban Koordinasi PPNS Kepada Kepolisian Dalam Menyidik Pencucian Uang ]]>
<![CDATA[Nurlaily, Hasrina]]>
<![CDATA[ AML/CFT Journal : The Journal Of Anti Money Laundering And Countering The Financing Of Terrorism Vol 1 No 2 (2023): Permasalahan Hukum terkait Tindak Pidana Pencucian Uang ]]>
Publisher : <![CDATA[Pusat Pelaporan dan Analisis Transaksi Keuangan (PPATK) ]]>
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DOI: 10.59593/amlcft.2023.v1i2.58
<![CDATA[Civil Servant Investigators (CSI) can investigate money laundering (ML) crimes. The process of investigating money laundering by CSI is contained in Law 8/2010 and in the Indonesian Constitutional Court No. 15/PUU-XIX/2021 Decision. Given that CSI is governed by and works in tandem with the Indonesian National Police, these laws still call for greater regulation for CSI to fulfill and apply the multidoor system concept and the rapid, simple, and low-cost principle as crime investigators for ML. This study aims to clarify why it is critical to implement legal construction in connection with the ML investigation by CSI under the relevant concepts and principles to maximize the handling of ML in the future. This paper used normative juridical, statutory, and conceptual approaches. The findings of this study are expected to serve as a guide for the CSI in investigating ML during transferring the findings of investigations to the Public Prosecutor, leveling perceptions among law enforcement officials, and providing support for investigators balanced with coordination and cooperation among officials so that effective and efficient law enforcement can be achieved.]]>
<![CDATA[Mengurai Permasalahan Hukum Terkait Transaksi Keuangan dalam Pencucian Uang ]]>
<![CDATA[Lisanawati, Go]]>
<![CDATA[ AML/CFT Journal : The Journal Of Anti Money Laundering And Countering The Financing Of Terrorism Vol 1 No 2 (2023): Permasalahan Hukum terkait Tindak Pidana Pencucian Uang ]]>
Publisher : <![CDATA[Pusat Pelaporan dan Analisis Transaksi Keuangan (PPATK) ]]>
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DOI: 10.59593/amlcft.2023.v1i2.59
<![CDATA[This study aims to analyze the consistency and effectiveness of the formulation of suspicious financial transactions in legal regulations related to money laundering from the law to the implementing rules. The issue discussed was related to the proposal to reformulate the definition of financial transactions as part of suspicious activity. The urgency of debating this issue is to avoid inconsistencies in the meaning and implementation of indicators of these financial transactions to provide effective prevention for all parties responsible for the anti-money laundering regime. This research uses normative juridical law research, with the object of research in the form of a positive legal inventory. The findings in this study are that efforts to reformulate the formulation of financial transactions in the context of suspicious activities will avoid conflicts of meaning in the context of lex superior derogat legi inferiori and will provide the ability to the reporting party to carry out legal obligations and moral obligations for the effectiveness of the anti-money laundering regime in Indonesia.]]>
<![CDATA[Posibilitas Penerapan In Rem Asset Forfeiture Sebagai Upaya Asset Recovery Di Indonesia ]]>
<![CDATA[Fitriyani, Desi]]>;
<![CDATA[Maizaroh, Muthi’ah]]>
<![CDATA[ AML/CFT Journal : The Journal Of Anti Money Laundering And Countering The Financing Of Terrorism Vol 1 No 2 (2023): Permasalahan Hukum terkait Tindak Pidana Pencucian Uang ]]>
Publisher : <![CDATA[Pusat Pelaporan dan Analisis Transaksi Keuangan (PPATK) ]]>
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DOI: 10.59593/amlcft.2023.v1i2.62
<![CDATA[Improving the method of asset confiscation to recover state losses is an urgent issue that needs to be addressed. The current approach, which relies on in-person procedures, presents numerous ongoing obstacles. Therefore, a breakthrough in asset confiscation is required, namely implementing in rem asset forfeiture. This paper explores the feasibility of adopting in-rem asset forfeiture in Indonesia while addressing the associated challenges. It is both descriptive and prescriptive, providing an analysis of how to establish a comprehensive regulatory framework to optimize asset confiscation. The research employs a normative juridical research method, focusing on the concept and legal policies on asset confiscation. The findings suggest the need to revamp the legal system governing asset confiscation in Indonesia by officially incorporating in rem asset forfeitures into positive law and achieving vertical and horizontal legal harmonization.]]>
<![CDATA[Hukum dan Kebijakan Indonesia Dalam Memerangi Pendanaan Terorisme: Sebuah Analisa Pemutakhiran ]]>
<![CDATA[Afriansyah, Arie]]>;
<![CDATA[Ghozi, Ahmad]]>;
<![CDATA[Wargadalem, M Akila]]>
<![CDATA[ AML/CFT Journal : The Journal Of Anti Money Laundering And Countering The Financing Of Terrorism Vol 2 No 1 (2023): Money Laundering in General Election, Digital Currency, and Terrorism Financing ]]>
Publisher : <![CDATA[Pusat Pelaporan dan Analisis Transaksi Keuangan (PPATK) ]]>
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DOI: 10.59593/amlcft.2023.v2i1.49
<![CDATA[This article discusses Indonesia's latest developments, challenges, and remedies for Anti-Money Laundering (AML) and Counter-Terrorist Financing (CFT) laws. Data were collected by analyzing the challenges of implementing international regulations, such as the United Nations Security Council Resolution (UNSCR) and FATF recommendation. Indonesia is expected to improve their regulations and set high supervision towards the risk of AML/CFT to combat terrorism financing. No studies have been conducted to discuss the latest 2019 UNSCR, a relevant regulation to be implemented by countries to tackle terrorist financing. Therefore, this study aims to examine the significant contribution of the UNSCR and suggest proper implementation in Indonesia.]]>
<![CDATA[Strategi dan Kebijakan Penegakan Hukum Tindak Pidana Pencucian Uang dari Tindak Pidana Asal di Bidang Perikanan ]]>
<![CDATA[Syakur, Syahrijal]]>
<![CDATA[ AML/CFT Journal : The Journal Of Anti Money Laundering And Countering The Financing Of Terrorism Vol 2 No 1 (2023): Money Laundering in General Election, Digital Currency, and Terrorism Financing ]]>
Publisher : <![CDATA[Pusat Pelaporan dan Analisis Transaksi Keuangan (PPATK) ]]>
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DOI: 10.59593/amlcft.2023.v2i1.67
<![CDATA[Law enforcement on money laundering originating from criminal acts in the field of fisheries (Illegal Fishing) after the Constitutional Court Decision Number 15/PUU-XIX/2021, which is not only the duty of investigators in the field of fisheries, but also the public prosecutor and judges in court who will process the results investigation at trial level. For this reason, each of these law enforcement officers must have the same perception in law enforcement as stipulated in the laws and regulations in the field of fisheries. This paper aims to find out the investigation of money laundering where the predicate crime is in the field of fisheries related to the differences in the respective procedural law and to find out the authority of the Special Fisheries Court to adjudicate money laundering cases where the predicate crime is in the fishery sector. This research used normative or doctrinal methods. The recommendation from the author is that the investigation of money laundering cases where the predicate crime is in the field of fisheries is carried out by separating the case files of criminal acts in the field of fisheries from the files of investigations of money laundering crimes but the investigation is still carried out in parallel. Regarding the authority of the special court for fisheries, judges at the special court for fisheries can interpret the law to mean that based on Article 71 of the Fisheries Law, the special court for fisheries has the authority to examine, adjudicate, and decide on money laundering cases where the predicate crime is in the field of fisheries.]]>
<![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[Persinggungan Tindak Pidana Pencucian Uang dan Tindak Pidana Pemilu dalam Konteks Pendanaan Kampanye Pemilu ]]>
<![CDATA[Sanjaya, Aditya Wiguna]]>
<![CDATA[ AML/CFT Journal : The Journal Of Anti Money Laundering And Countering The Financing Of Terrorism Vol 2 No 1 (2023): Money Laundering in General Election, Digital Currency, and Terrorism Financing ]]>
Publisher : <![CDATA[Pusat Pelaporan dan Analisis Transaksi Keuangan (PPATK) ]]>
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DOI: 10.59593/amlcft.2023.v2i1.70
<![CDATA[This paper aims to analyze the intersection between the PPTPPU Law and the Election Law in the context of election campaign funding, compare money laundering arrangements in the PPTPPU Law and the Election Law, and recommend ideal arrangements for handling money laundering in the context of future election campaign funding. The intersection between the PPTPPU Law and the Election Law regarding the provisions prohibiting receiving money from criminal acts has raised legal issues, namely which law should be applied, since both are special laws, furthermore this will also lead to different arrangements in each law. - the law, as well as PPATK not being involved in the handling of money laundering, which has been transformed into an election crime under the regime of the Election Law. The problem continues with the unregulated prohibition of giving election campaign fund contributions originating from criminal acts in the Election Law, and this shows the inconsistency of legislators in adopting the concept of money laundering into the Election Law. The method used is the normative legal research method. The results of the study show that based on the lex specialist systematic principle, the law that is applied is the Election Law. The Election Law does not stipulate active money laundering provisions, only regulates passive money laundering, while the PPTPPU Law regulates both; in the future, it is necessary to formulate active money laundering provisions in the Election Law.]]>
<![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[Diskrepansi Antara Objek Kewajiban Pelaporan Bagi Bank Berdasarkan Undang-Undang Pencucian Uang Dengan Yang Wajib Dirahasiakan Berdasarkan Ketentuan Anti-Tipping Off ]]>
<![CDATA[Yanuar, Muh Afdal]]>
<![CDATA[ AML/CFT Journal : The Journal Of Anti Money Laundering And Countering The Financing Of Terrorism Vol 2 No 1 (2023): Money Laundering in General Election, Digital Currency, and Terrorism Financing ]]>
Publisher : <![CDATA[Pusat Pelaporan dan Analisis Transaksi Keuangan (PPATK) ]]>
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DOI: 10.59593/amlcft.2023.v2i1.73
<![CDATA[Based on anti-tipping off provisions, the object that must be kept confidential by the reporting party (inter alias, the Bank) is information related to Suspicious Transactions Report (STR). Meanwhile, things that become the object of reporting obligations for banks also include cash financial report (CTR), and international funds transfer instructions (IFTI). This paper will discuss the legal problems that arise and the paradigm that needs to be formed regarding the discrepancy between objects of reporting obligations for banks based on AML laws and objects that must be kept secret under anti-tipping off provisions. This paper was formed using normative research methods with conceptual, statutory, and comparative approaches. In this paper it is concluded that: (a) the legal problems that arise related to the issues discussed in this paper are that there are no specific provisions that expressively can be appointed if there is a disclosure of the fact related to CTR or IFTI; and (b) The paradigm that needs to be formed regarding the issues discussed in this paper is that Article 12 of the AML Law (anti-tipping off) is applied to violations of disclosing STR. Meanwhile, for the disclosure of CTR and IFTI, the provision that was applied was Article 11 of the AML Law.]]>
<![CDATA[Urgensi Reformasi Kebijakan Tindak Pidana Pencucian Pencucian Uang Guna Implementasi Rupiah Digital ]]>
<![CDATA[Firdaus, Sendy Pratama]]>
<![CDATA[ AML/CFT Journal : The Journal Of Anti Money Laundering And Countering The Financing Of Terrorism Vol 2 No 1 (2023): Money Laundering in General Election, Digital Currency, and Terrorism Financing ]]>
Publisher : <![CDATA[Pusat Pelaporan dan Analisis Transaksi Keuangan (PPATK) ]]>
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DOI: 10.59593/amlcft.2023.v2i1.118
<![CDATA[This paper aims to examine the urgency of reformulating ML policies before the massive use of the Digital Rupiah. By combining doctrinal research methods and reform-oriented research, this paper finds that the current APUPPT policy is not sufficiently qualified in the stages towards massive use of Digital Rupiah. Based on these brief findings, this paper also offers novelty regarding the discussion between Digital Rupiah and money laundering, the source of which is taken from Bank Indonesia's white paper, so that it is different from other papers which only discuss the CBDC/Digital Rupiah concept in general and does not directly take from other sources. Bank Indonesia's white paper.]]>
