scholarly journals KEBIJAKAN FORMULASI MENGENAI PEMBUKTIAN TINDAK PIDANA PENCUCIAN UANG YANG TIDAK WAJIB DIBUKTIKAN TERLEBIH DAHULU TINDAK PIDANA ASALNYA

2021 ◽  
Vol 1 (1) ◽  
pp. 1-22
Author(s):  
Musram Doso
Keyword(s):  
Money Laundering ◽  
Court Proceedings

The anti money laundering law has been amended 3 (three) times, the most recent is Law Number 8 of 2010 concerning the Prevention and Eradication of the Crime of Money Laundering, however in its application it still raises debate, especially regarding whether or not the original criminal act is necessary. There are 2 issues raised in this study, namely whether the provisions of Article 69 of Law Number 8 of 2010 contradict the provisions of Article 2 paragraph (1) of Law Number 8 of 2010, and What is the formulation policy regarding investigation, prosecution and examination in court against TPPU which is not obliged to be proven beforehand the original criminal act. The purpose of this research is to find out, understand and analyze the provisions of Article 69 of Law Number 8 of 2010 which can be interpreted as contradicting the provisions of Article 2 paragraph (1) of Law Number 8 of 2010, and to formulate policies regarding investigation, prosecution and examination at court. court against TPPU which is not obliged to be proven in advance of the original criminal act. The conclusion is that the provisions of Article 2 paragraph (1) of the TPPU Law are inconsistent with the provisions of Article 69 of the TPPU Law. So that the debate regarding whether or not it is obligatory to prove the predicate crime before carrying out the investigation, prosecution and examination in court proceedings against TPPU can be ended immediately. With such a formula, it will result in mutual conformity between the provisions of Article 2 paragraph (1) of the TPPU Law and Article 69 of the TPPU Law

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.

Concealment of Illegally Obtained Assets in Nigeria: Revisiting the Role of the Churches in Money Laundering

2020 ◽  
Vol 28 (1) ◽  
pp. 106-121
Author(s):  
Kato Gogo Kingston
Keyword(s):  
Economic Growth ◽  
Money Laundering ◽  
Financial Crime ◽  
The Past ◽  
Key Drivers ◽  
Nigerian Government

Financial crime in Nigeria – including money laundering – is ravaging Nigeria's economic growth. In the past few years, the Nigerian government has made efforts to tackle money laundering by enacting laws and setting up several agencies to enforce the laws. However, there are substantial loopholes in the regulatory and enforcement regimes. This article seeks to unravel the involvement of the churches as key drivers in money laundering crimes in Nigeria. It concludes that the permissive secrecy which enables churches to conceal the names of their financiers and donors breeds criminality on an unimaginable scale.

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.

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