RE-KONSEPTUALISASI PEMIDANAAN TINDAK PIDANA PENCUCIAN UANG DI INDONESIA

FEBRIANSYAH, ARTHA (2024) RE-KONSEPTUALISASI PEMIDANAAN TINDAK PIDANA PENCUCIAN UANG DI INDONESIA. Undergraduate thesis, Universitas Indonesia.

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Abstract

Money laundering is a method used by criminals to disguise the origin of illegal wealth and protect their assets, so that the crimes they have committed do not leave traces, in order to avoid suspicion from law enforcement agencies. There are several things that researchers think need to be studied, namely the concept of criminalizing money laundering in Indonesia, looking at the implementation of criminalizing money laundering in Indonesia and the ideal concept of criminalizing money laundering for Indonesia. The research conducted by this paper is a documentary research or document study. Conceptually, a good punishment for Money Laundering Crimes should focus on the recovery of economic losses caused by the crime. Moreover, Money Laundering Crime is a bad act (mala in se), because there is a bad intention to hide the proceeds of crime so that they can be enjoyed by certain parties. Based on several court decisions that have been analyzed, researchers found court decisions where the original crime was corruption, but the perpetrators were sentenced to life imprisonment and no fine. This of course, according to researchers, will increase the burden of losses for the state. The longer the convict is sentenced to imprisonment, the higher the economic/financial burden borne by the state, especially in ensuring the right to health and the right to life. A good punishment for Money Laundering Crimes must be able to guarantee the realization of pleasure or benefit for as many / as many people as possible, both for individuals, society and the state as a practical motive. When the various interests are conflicting and cannot be balanced, the regulation of the criminalization of the crime of money laundering should give more weight to the interests of society and the state rather than the interests of individuals. The ideal concept of punishment for Money Laundering Crimes according to researchers is a punishment that prioritizes expediency and proportionality. This is done by focusing on determining the level of guilt, paying attention to the losses and/or the impact of the losses incurred and also applying asset forfeiture as a result of crime and its derivatives. The concept of punishment for such Money Laundering Crimes is a concept of punishment that pays attention to the role and condition of the perpetrator, the losses incurred and focuses on inrem rather than inpersona so that the proportional and beneficial purpose of punishment can be achieved. This is in line with the purpose of the criminalization of Money Laundering, which is primarily to pursue the proceeds of crime (follow the money) as stated in Article 2 (which focuses more on the proceeds of crime) and is also stated in the consideration letter a of the Law on Prevention and Eradication of Money Laundering No. 8 of 2010.

Item Type:	Thesis (Undergraduate)
Uncontrolled Keywords:	Rekonseptualisasi, Pemidanaan, Tindak Pidana Pencucian Uang
Subjects:	K Law > K Law (General) > K5401-5570 Criminal procedure
Divisions:	02-Faculty of Law > 74001-Law (S3)
Depositing User:	Artha Febriansyah
Date Deposited:	29 Jul 2024 06:32
Last Modified:	29 Jul 2024 07:23
URI:	http://repository.unsri.ac.id/id/eprint/153343

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