scholarly journals A device on practical insurance of the confiscation and additional collection on the proceeds of crime of the Enterprise-crime

2013 ◽  
Vol 15 (2) ◽  
pp. 339-362
Author(s):  
chung oung suk
Keyword(s):  
Proceeds Of Crime ◽  
Additional Collection

ANALISIS IMPLEMENTASI PENCEGAHAN PENCUCIAN UANG MENGGUNAKAN CUSTOMER DAN ENHACED DUE DILLIGENCE DI BANK SYARIAH MANDIRI JAKARTA

Paradigma ◽  
2020 ◽  
Vol 17 (1) ◽  
pp. 72-86
Author(s):  
Siti Noviatun ◽  
Isfandayani
Keyword(s):  
Money Laundering ◽  
Data Retrieval ◽  
Data Display ◽  
Suspicious Transaction ◽  
Qualitative Descriptive ◽  
Proceeds Of Crime ◽  
The Government ◽  
Transaction Services ◽  
Data Reductions ◽  
Descriptive Method

Abstract             The main fuction of the Bank as an funding and lending activities by offering various types of financial transaction services an attractive choice for people who do money laundering to hide money proceeds of crime. Because of that the government and Indonesian Banks make regulations related prevent money laundering that contains Customer Due Dilligence and Enhanced Due Dilligence. Bank Mandiri Syariah has implementation Customer Due Dilligence and Enhanced Due Dilligence as an effort to prevent money laundering. This analyze aims for knowing implementation Customer Due Dilligence and Enhanced Due Dilligence that has been applied by Bank Syariah Mandiri. In this study using a qualitative descriptive method. Data retrieval is done by observation, interviews and documentation to three sources of informants Bank Syariah Mandiri KCP Bekasi Timur and one sources of informants that specifically handles money laundering prevention program that is SKAP( Satuan Kerja APU PPT) Bank Mandiri Syariah. Data analysis will be done by doing three steps, they are; data reductions, data display, and verification.The observation result shows that implementation Customer Due Dilligence done at the time prospective customer open the account and the Bank doubt information customer by doing identification and verification. implementation Enhanced Due Dilligence is done to customers Politically Exposed Person/ High Risk open the account, but in practiceat Bank Syariah Mandiri KCP Bekasi Timur done when there is suspicious transaction or there is a case. Reporting process suspicious transaction through the system SIAP (System Aplikasi APU PPT) to Satuan Kerja APU PPT (SKAP) Bank Syariah Mandiri then SKAP reports to PPATK (Pusat Pelaporan Analisis Transaksi Keuangan). From implementation Customer Due Dilligence and Enhanced Due Dilligence Bank Mandiri Syariah has been prevent money laundering enter the financial system at Mandiri Sharia Bank.

Criminal Forfeiture under Kenya's Proceeds of Crime and Anti-Money Laundering Act: Nature and Challenges

2020 ◽  
Vol 28 (4) ◽  
pp. 657-676
Author(s):  
Constance Gikonyo
Keyword(s):  
Money Laundering ◽  
Present State ◽  
Complex Nature ◽  
Fair Process ◽  
Proceeds Of Crime ◽  
State Of Affairs ◽  
Substantive Law

Criminal forfeiture is an asset confiscation mechanism used to seize benefits gained from an offence that one is convicted of. In Kenya, the Proceeds of Crime and Anti-Money Laundering Act provides the facilitating legislation. The present state of the regime's underutilisation prompts an examination of the substantive law and procedure provided in this statute. The analysis indicates that the provisions are technical in nature and the process is systematic. This ensures that a procedurally and substantively fair process is undertaken, in keeping with constitutional provisions. Nonetheless, identified challenges, including the complex nature of the provisions, translate to unclear interpretation and consequently ineffective implementation. This state of affairs is reversible through increased understanding of the criminal forfeiture provisions and their operation. This can potentially lead to an upsurge in its use and facilitate depriving offenders of criminal gains, removing the incentive for crime and reducing proceeds available to fund criminal activities.

Socio-economic analysis of cybercrime

Law and World ◽  
2020 ◽  
Vol 6 (2) ◽  
pp. 145-157
Keyword(s):  
Economic Analysis ◽  
Economic Damage ◽  
Legal Assistance ◽  
International Policy ◽  
Mutual Legal Assistance ◽  
Interstate Cooperation ◽  
Proper Functioning ◽  
Digital Era ◽  
Internet Resources ◽  
Proceeds Of Crime

In the presented article, the author analyzes socio-economic damage caused and expected as a result of cybercrime, a global and transnational threat. In parallel, with the development of technology and the growing dependence of the population on internet resources in the digital era, there are discussed dangers of blooming opportunities for cybercriminals and harm imposed by their actions. Taking into account the scale of the proceeds of crime, the author of the article presumes that cybercrime has formed into organized criminal business and has become a threat not only to the security of states and proper functioning of their institutions but also to the property and assets of citizens and enterprises, banks and fund institutions. According to the author, even the rules implemented by countries with a strong economy and developed technologies, and the refinement/ development of methods to combat this crime, will not bring results and will not be effective, since cybercrime is global and transnational by its nature. To accomplish the goals effectively, response to this challenge should be comprehensive, based on unified, well-established international policy. This only can be achieved through close interstate cooperation and instant (bypassing bureaucratic formalism) mutual legal assistance.

From Harrods to billionaires’ row: unexplained wealth orders after Hajiyeva and Baker

2020 ◽  
Vol 26 (7) ◽  
pp. 663-671
Author(s):  
Thomas Fletcher
Keyword(s):  
Key Issues ◽  
Proceeds Of Crime

Abstract This article considers the jurisdiction in England to grant unexplained wealth orders which are contained in the Proceeds of Crime Act 2002. It particularly focuses on the implications of the recent judgments in Hajiyeva v National Crime Agency [2020] EWCA Civ 108 and Baker v National Crime Agency [2020] EWHC 822 (Admin) for trusts and trustees. It concludes by identifying and commenting on the key issues in this context which may well fall to be considered in future cases.

COMBATING TRANSNATIONAL CRIME IN AFRICA: PROBLEMS AND PERSPECTIVES

2006 ◽  
Vol 50 (2) ◽  
pp. 145-160 ◽  
Author(s):  
JOHN HATCHARD
Keyword(s):  
Transnational Crime ◽  
Environmental Crime ◽  
The Political ◽  
Political Will ◽  
The Third ◽  
Major Threat ◽  
Proceeds Of Crime ◽  
Made In

Transnational crime is a major problem for African states with corruption, trafficking of persons, drugs trafficking, environmental crime and the like posing a major threat to development and stability. This article examines three challenges that states must tackle in order to combat transnational crime effectively. The first is how to deal with criminals who operate outside the jurisdiction. The second concerns the investigation of crimes with a transnational element. The third challenge involves tracing and then recovering the proceeds of crime that have been moved out of the country where the crime occurred. Here the need for Western states to cooperate with those in Africa is highlighted. Drawing on examples from Lesotho and Nigeria in particular, it is argued that some progress is being made in meeting these challenges. However, the article notes that developing the political will to tackle transnational crime is fundamental to any lasting improvement.

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