scholarly journals TINJAUAN YURIDIS MODUS OPERANDING TINDAK PIDANA PENCUCIAN UANG (MONEY LAUNDERING)

PRANATA HUKUM ◽  
2019 ◽  
Vol 14 (1) ◽  
pp. 50-64
Author(s):  
Fathur Rachman

ABSTRAK Money laundering is a hot or dirty money laundering practice (dirty money). This dirty money comes from illegitimate and illegal practices such as corruption, bribery, smuggling, as well as banking crimes and other unhealthy practices. To clean it, the money is placed in a bank or certain place for a while before being transferred to another place (layering), for example through the purchase of shares in the capital market, foreign exchange transfers or the purchase of an asset. After that, the offender will receive money that has been cleared from the washing field in the form of income derived from the purchase of shares, foreign exchange or assets (integration). The practice of money laudering that continues to occur along with the times and modernization provides the concept of thinking to examine the legal issue of the regulation being implemented, and how the modus operandi of the occurrence of a case. The stages and mode of occurrence of money laundering crime include: Placement, which is the first stage by placing (depositing) the illicit money into the financial system (financial system). Layering at this stage the washers try to break the money from the crime from the source, by transferring the money from one bank to another, up to several times. Integration, iniuang washed stages are brought back into circulation in the form of net income even as tax objects by using money that has become lawful for business activities. The perpetrator of money laundering as an organized crime, is carried out by a person who controls or has special knowledge in the world of financial service providers. Even they must master science in the field of computers. Money laundering in addition is very detrimental to society, also very detrimental to the State because it can influence or undermining national economic stability or State finances by increasing various crimes

Author(s):  
Tetiana Chasova

The scientific article analyzes the conduct of financial monitoring during the investigation of economic crimes. The position ofscientists on the definition of financial monitoring and its role in the formation of economic security of the state is studied. The mainstatements of the Law of Ukraine “On Prevention and Counteraction to Legalization (Laundering) of Proceeds from Crime, Financingof Terrorism and Proliferation of Weapons of Mass Destruction” on financial monitoring and standards of the Group for Developmentof Financial Measures to Combat Money Laundering and Terrorist Financing (FAT) and European Union Directive 2015/849 “On theprevention of the use of the financial system for the purpose of money laundering and terrorist financing”.Ensuring the economic security of the state is possible provided that the fight against legalization (laundering) of proceeds fromcrime. Economic crimes undermine the economic and financial system of the state, encroach on the legitimate interests of individuals.Financial monitoring is a form of financial control and its conduct as part of a criminal investigation and is a means of proof.The problem of legalization (laundering) of proceeds from crime in recent years has become particularly important because itthreatens the economic security of the country. That is why the state implements measures of enhanced control in this matter throughlegal regulation of financial monitoring. The purpose of criminal proceedings is to resolve controversial issues, including the appropriatefinancial monitoring of suspicious activities related to money laundering.The financial monitoring system covers all financial service providers and determines that there should be cooperation in resol -ving issues related to the legalization of proceeds from crime. The issue of the use of financial monitoring in criminal proceedings hasbeen studied by researchers and practitioners, but many issues remain unresolved.


Author(s):  
Zulfiya Tulanova

We know that the time of Amir Temur and Temurids is the "golden age" in the XIV-XV centuries as a period of revival in the history of Central Asia. At present, the formation of the national economic idea for the economic stability of the country is an actual issue. This article analyzes the conditions created for the development of external and internal trade relations as part of the economic reform in the times of Amir Temur and Timurid, at the same time, highlights the significance of radical changes in socio-economic life of the country as a result of monetary reforms. Our knowledge based on the study of economic reforms in the epoch of Temur and Temurids is a fundamental basis for the further development of our national economic thinking, and its practical use makes a significant contribution to the economic growth of our country.


2018 ◽  
Vol 5 (1) ◽  
pp. 65
Author(s):  
Ita Rakhmawati ◽  
Suhadi Suhadi

The crisis in 1997 is the image of the high rise in inflation in Indonesia. The phenomenon of inflation when it reached 82.40% (Anas, 2006). The early mid-1998 also experienced a weakening of the rupiah against the dollar. Condition stable economy is the desire of each country in comparison with the state of the economy has always fluctuated. Economic stability will create an atmosphere conducive economy. stable climatic conditions in the expected level of welfare is the purpose in each country. One of the efforts to maintain economic stability is through monetary policy. For example, with economic growth, maintain price stability (inflation), the achievement of the balance of payments and the reduction of unemployment (Natsir, 2008). The stability of the financial system of a country of which reflected their price stability, in the sense that there are a great price that can be harmful to society, both consumers and manufacturers that will damage the joints of the economy. However, the implementation of the policy, Bank Indonesia as the monetary authority uses monetary variables such as interest rates and the money supply to cope with economic shocks such as inflation. Besides the need for the government’s role in maintaining the rupiah to avoid turmoil in the economy. The importance of inflation control based on the consideration that the high inflation and unstable negative impact on socio-economic conditions of society. Among the high inflation will cause a decline in the real income of the community so that the standard of living of the people down and eventually make everyone, especially the poor get poorer. From one of the effects of inflation are so wide will impact people’s demands to meet the needs of more and more difficult. Their continuousprice increases being offset by rising income of the communities, it can make sure the Indonesian state would worsen. As a result many people’s needs can not be met, so many things that must be met by way of credit. The number of community needs that must be met will cause world of opportunities for banks to offer credit readily available to meet the needs. The third object of research above (inflation, poverty, and credit) does affect the stability of the financial system? In this study using secondary data from the Badan Pusat Statistik (BPS) and Bank Indonesia (BI) with time series data from the years 2007-2015. The process of data analysis was performed using OLS regression with Eviews 8.0. Based on research, if only partial test of the poverty variable significantly affect the stability of the financial system amounted to 2,023 with α = 10%. Meanwhile, two other variables (inflation and poverty) is not significant to the stability of the financial systemMeanwhile, two other variables (inflation and poverty) is not significant to the stability of the financial system. While the value of R-Square (0.629900), indicating that the three independent variables / free consisting of inflation, poverty and credit simultaneously have the effect that make the stabilization of the financial system increases or decreases. That is jointly independent variables (inflation, poverty and loans) contributed / effect of 62.9% against the stability of the financial system. The rest is the influence of other factors beyond the three independent variables studied.


Author(s):  
Maryam Muhammad Amjad ◽  
Noman Arshed ◽  
Muhammad Awais Anwar

Money laundering is considered an illegitimate global phenomenon that deteriorates any country's economic stability. The main objective of this chapter is to investigate the relationship between money laundering and institutional quality by considering several variables such as government stability, corruption, bureaucracy quality, law and order, and democratic accountability. The study investigates these relationships by using panel quantile regression. The findings suggest a significant relationship between good governance and money laundering and a significant negative relationship between government stability and illicit financial flows. In order to eradicate or control money laundering, governments need to be stable, and institutions should operate under favorable conditions. However, if money launderers manage to infiltrate these institutions with bribery and corruption, then it becomes incredibly difficult to stop the planned crimes like money laundering.


Author(s):  
Maruf Adeniyi Nasir

The modern financial system has continuously been traumatised by money laundering and terrorism financing. This is partly because it is a concept that revolves around the complex relationship between money and crime. The challenges posed by these menaces have become a phenomenon that the world has ceaselessly looked for means to address. Yet launderers and terrorists continue to perfect methods of perpetuating their illegal activities, while the havoc created by the menace of these crimes are enormous and remains unquantifiable in term of the actual estimate. Interestingly, Maqasid al Shari'ah has caught the attention of several Muslim scholars as a useful tool that can resolve several contemporary issues. Consequently, examining the relevance of Maqasid al Shari'ah which is the basis of Islamic Finance on money laundering and terrorist financing (AML/CFT) is desirable. The focus of this chapter, therefore, is to examine the relevance of Maqasid al Shari'ah in the fight against the menace of money laundering and terrorism financing


2014 ◽  
Vol 644-650 ◽  
pp. 3057-3060
Author(s):  
Min Zhao

With the development of the society, the progress of The Times, academy of fine arts up a new step, also than before broad vision, digital library as the main direction of library construction, the research and construction level will be directly related to the status and role of library in the information age in our country, the construction of various databases will become one of the main content of the digital resources construction. This article from the art of fine arts thematic database resource database, trying to a library for the academy of fine arts, more convenient and practical perspective to explore the special database construction, for the national economic construction, scientific research, the development of culture education provides an important information security.


2019 ◽  
Vol 3 (5) ◽  
pp. 231-279
Author(s):  
Miguel Abel Souto

Directives 2015/849, and 2018/843 on Money Laundering require continuous adaptations of the legal framework to respond to threats of the use of new technologies in money laundering. Directive 2018/843 extends the scope of Directive 2015/849 to providers engaged in exchange services between virtual currencies and fiat currencies as well as custodian wallet providers. Undoubtedly, the new payment systems facilitate money launderers’ criminal activity. These systems are better than cash for moving large sums of money, non-face to face business relationships favour the use of straw buyers, and false identities, the absence of credit risk, as there is usually a prepaid payment, discourages service providers from obtaining a complete, and accurate customer information, and the nature of the trade, and the speed of transactions make it difficult to control property or freezing. However, the development of technologies, including the internet, has unquestionable advantages involved and even provides, through online resources, verification of identity, or other duty of surveillance, for the prevention of money laundering. In addition, the reform of June 22, 2010 introduced in Spain the criminal liability of legal persons, and incorporated money laundering together with other crimes to this innovative model of criminal responsibility. Soon after, Organic Law 1/2015, of March 30, modified the hereto barely applied regulation. Itis quite surprising that Organic Law 1/2015 boasts of making a technical improvement, as it incurs obvious contradictions by exempting criminal liability to legal persons for a money laundering, that should not have existed due to the adoptionand effective execution of suitable or adequate compliance programs to prevent it, as well as taking into account to limit the punishment non-serious breaches of supervisory, monitoring, and control duties, when letter b) of the first paragraph of article 31 bis only takes into consideration serious breaches of those duties. Already in 2010, in order to introduce the criminal liability of legal persons, the Spanish Legislator invoked the alleged need to comply with international commitments. However, this model of responsibility was not mandatory, because international agreements normally only require effective, proportionate, and dissuasive sanctions. In addition, managers and executives, who have not adopted an effective compliance program, will be held liable together with the company, given that now all act as police officers. In conclusion, the use of dummy corporations for money laundering is frequent, as it is evidenced by the judgments of theSupreme Court of June 26, 2012, and February 4, 2015, but until recently, the accessory consequences and the doctrine of piercing the corporate veil were sufficient.


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