Title Illegal Acts On Money Laundering In The Perspective Of Criminal Liability
Edition
Call Number 345.01 Fir p
ISBN/ISSN
Author(s) Mohamad Firsyada - Personal Name
Subject(s)
Classification 345.01
Series Title
GMD Text
Language Indonesia
Publisher Universitas Jambi
Publishing Year 2020
Publishing Place Jambi
Collation
Abstract/Notes Illegal Acts On Money Laundering In The Perspective Of Criminal Liability

ABSTRACT

This study aims: 1)To know and analyze the regulation of illegal acts of money laundering in Act Number 8 of 2010. 2)To find out and analyze the proof of an act in the law and an element of money laundering in the perspective of criminal liability . Formulation of the problem in this study: 1)Regulating acts against the law of money laundering based on Act Number 8 of 2010 concerning Prevention and Eradication of Money Laundering Crimes. 2)How is the evidence in the law and the element of the crime of money laundering in the perspective of criminal liability? The research method used is a normative juridical research approach. The results of the study: 1)Regulations against the law in Republic of Indonesia Act Number 8 of 2010 are contained in Chapter II Article 3, Article 4 and Article 5. The category of acts against the law of money laundering is divided into 2 (two) active actors regulated in Article 3 and Article 4, as well as passive money laundering actors stipulated in Article 5. Elements of the crime of money laundering according to Act Number 8 of 2010 are: elements of each person, elements of action (financial transactions), elements of assets (proceeds of assets a criminal act regulated in Article 2 paragraph (1)), and an element of "know it" or "worthy of expectation". In practice in the field there are still shortcomings contained in the rules of Act Number 8 of 2010 which are "reasonably expected" elements contained in Article 3 and Article 4 as well as the absence of minimum rules for the threat of punishment in this law and criminal additional fines which according to the author are still too small. 2)Proof in the case of money laundering in Indonesia adheres to the burden of reversed proof, this is regulated in Act Number 8 of 2010 concerning the Prevention and Eradication of Money Laundering in Article 77 and Article 78. The reverse proof burden charged to defendants is laundering money only applies to prove an element of money laundering crime, namely the element of "wealth" while other elements of criminal acts remain the obligation of the public prosecutor to prove it. The defendant's burden of reverse proof was carried out at the hearing at the court. The problem at the moment is that there is still an opinion among judges that reverse proof of money laundering is not mandatory because based on Article 78 of Act Number 8 of 2010 reverse evidence is carried out at the judge's behest, and there is also a presumption that laundering cases money must first be proven as a guilty crime based on the guideline that assets of money laundering are generated from criminal acts as stipulated in Article 2 paragraph (1) of ActNumber 8 of 2010.

Keywords: illegal acts, reversed evidence, money laundering crime
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