Analisis Yuridis Tindak Pidana Pencucian Uang (Studi Putusan No. 311/Pid.Sus/2018/Pn. Mdn)

The panel of judges adjudicating the money laundering case found the defendant guilty of the crime of money laundering from the narcotics crime, and therefore sentenced the defendant to 7 (seven) years imprisonment. Based on this, the formulation of the problems in this study: 1) How are the legal rules regarding money laundering in Indonesia, 2) How is law enforcement against the crime of money laundering in the Medan District Court, 3) What is the basis for the judge's consideration in imposing crimes against money laundering offenders in the Decision Number 311 / Pid.sus / 2018 / PN. Mdn. The research method used is descriptive method, while the data analysis technique used is descriptive qualitative. The results showed that the crime of money laundering is regulated in Law no. 8 of 2010 concerning the Prevention and Eradication of the Crime of Money Laundering (UU PP - TPPU). The threat of money laundering is regulated in Article 3, namely imprisonment for a maximum of 20 (twenty) years and a maximum fine of Rp. 10,000,000,000. The panel of judges at the District Court that adjudicates money laundering crimes acts decisively in imposing crimes, especially because the examination process usually receives public scrutiny, such as money laundering from narcotics and corruption crimes. The basis for the consideration that the panel of judges, the defendant has participated in the circulation of narcotics by receiving, transferring money as payment for narcotics, this is commonly done by the perpetrators of the Crime of Money Laundering to disguise or hide the origin of the proceeds of crime. However, the panel of judges had imposed a sentence that was too low on the defendant, namely 7 years in prison, far below the threat of money laundering in Article 3 of the TPPU Law where the defendant was found guilty, namely 20 years in prison.

Should gains from criminal knowledge be forfeited?

Nobody should profit from crime; this fundamental moral principle is uncontroversial. At the level of public declaration, few people are likely to disagree with this statement; however, controversies arise when the implementation of this principle is under discussion. Numerous provisions exist that aim to strip criminals of the proceeds from their crimes, but not all aspects of this issue are immediately apparent. For example, a significant question is how to treat profits that a criminal makes from activities including recounting stories about their criminal activities, publishing books describing their actions, or creating YouTube videos presenting details about their crimes. Such profits are either treated as legitimate or are targeted by complicated legal methods of deprivation. The view presented in this paper could facilitate the ability to strip criminals from these forms of profit. This article argues that revenue accruing from knowledge gained from association with crime should be treated as indirect proceeds of crime and, as such, should be forfeited.

Liability in Criminal Law

This chapter highlights the complexity of the interaction of the criminal law with the regulation of medicines and medical devices. It outlines the elements of the broader criminal law that include offences against the person and corporate and financial crimes that can be committed by individuals or corporate entities, such as corporate manslaughter, fraud, and bribery. It also elaborates on the criminal investigation in the UK that can be led by law enforcement agencies, including the Medicines and Healthcare products Regulatory Agency (MHRA). The chapter considers the relevance of the broader criminal law for individuals and corporates and the criminal law aspects of the regulatory regime. It refers to the criminal enforcement process and the role of the Proceeds of Crime Act 2002 (POCA), including the application of the controlled drugs licensing regime to cannabis-based products for medicinal use (CBPMs).

The Triadic Approach to Cash Management: Communication, Advocacy, and Legal Aspects

The article deals with the study of the ability of cash to be a multifunctional instrument of economic policy, propaganda and legalization of proceeds of crime. Based on the cash analysis of the Republic of Belarus, Georgia and Ukraine, the most common signs and images that increase the confidence of the population and form convictions about the stability of the currency have been identified. Cash has been found to be an instrument for promoting national history and achievements of the country for a long time, considerable territory and one-sided influence. The efficiency of using cash to reliably convey information and maximize its absorption by the population has been proved. The reasons, features and consequences of using cash as a tool for money laundering were investigated. The effect of the volume of cash in circulation on the level of the shadow economy on the example of different countries has been estimated. In the article, the authors argue that money is a useful tool for propaganda. They are a significant source of information about a particular country. Money can be used by the authorities of a particular country to create the necessary political narratives. This tool has a long period of influence, which is purposeful. The authors note that it is necessary to take into account inflation in the country in order to understand how long the population will use a particular denomination of money. The authors concluded that there is a different relationship between the level of shadowing of the economy and indicators of the state of money circulation. For most indicators, this relationship was linear. Calculations showed the absence of an asymmetric relationship between the indicators. For some countries (Belarus, Bulgaria, Georgia, Switzerland, Japan), the calculations showed a nonlinear relationship between the level of shadowing of the economy and the functioning of the domestic foreign exchange market.

The Practice of Detecting and Investigating by the Investigative Bodies of the Investigative Committee of the Russian Federation of Legalization (Laundering) of Proceeds of Crime and Terrorism Financing

The paper examines countering extremism, terrorist crimes, as well as legalization (laundering) of proceeds of crime, as an important element of comprehensive measures undertaken to ensure national security. These crimes constitute global threats, and their suppression is one of the priorities of the Investigative Committee of the Russian Federation. It should be emphasized that the public danger of legalization (laundering) of proceeds of crime lies in the fact that it undermines the country’s financial system by means of providing the material basis for corruption and terrorism.In modern conditions, the risks of legalization of proceeds of crime, as well as the use of digital currency for illegal or criminal purposes, may arise, for example, when converting digital currency. In view of this, according to the author, it is necessary to establish clear criteria for transactions for which criminal liability for the illegal use of digital currencies may arise, including cases when the digital currency acts as a means of payment for the illegal circulation of weapons, drugs or other items, for the circulation of which criminal liability is established, as well as when illegal gambling or illegal banking are organized. With this in mind, there is a need to introduce criminal liability for illegal circulation of a digital currency and violation of the rules for making transactions with it.One of the main tasks in the field of preventing financing of terrorism and extremism is to counter the spread of radical ideology. To effectively solve this problem, it is required to apply an integrated approach, and, above all, active participation in this process of not only state authorities, but of various institutions of civil society, the scientific community, educational structures, public and religious organizations, as well as the mass media.

33. Money laundering (additional chapter)

This chapter discusses the offences in the Proceeds of Crime Act 2002 which criminalize dealing with the proceeds of crime. These are extremely broad offences with many features which could be characterized as being draconian as successive governments have sought to combat serious crime by targeting not just the offenders (who may commit a money laundering offence in relation to their own criminal conduct), but all those who assist in the disposal of criminal proceeds. These offences have generated a huge volume of case law, much of which has reached the House of Lords and the Supreme Court. This chapter analyses how these offences relate to handling stolen goods.

Trinidad and Tobago and money laundering control: a country committed to strengthening the link

Purpose In 2008, the author wrote on the Concept of “Money Laundering Control: The Missing Link in Trinidad and Tobago. Now, approximately two years after that seminal assessment, the author has re-assessed the domestic anti-money laundering (AML) framework, with particular reference to the controls in place to address money laundering (ML) and the confiscation of the proceeds of crime. This paper aims to assess the efficiency and effectiveness of the newly implemented regime and considers whether it meets international standards. Design/methodology/approach This analysis embraces a pluralist approach. Within this assessment, a case study method is used with contextual qualitative analysis. Empirical data is analyzed and causal connections are linked to the analysis. Findings This research highlights catalytic change and creativity in addressing deficiencies within the AML architecture in Trinidad and Tobago. Upon analysis, it is pellucid that a radically altered criminal justice landscape has emerged and a more aggressive and targeted approach to address ML and the confiscation of the proceeds of crime is apparent. The result is a shift in paradigm with tangible outcomes to suggest that the strategies have borne fruit and that the twin island Republic is indeed committed to strengthening the link. Research limitations/implications Findings are limited to Trinidad and Tobago and to the period ended April 2020. Originality/value As a country with a medium to high ML risk, the possible negative socio-economic effects of ML cannot be underscored. Disruption of ML and the confiscation of the proceeds of crime are, therefore, imperative. This paper considers the progress made in addressing these pertinent issues and assists in assessing the effects of the reformation efforts undertaken by Trinidad and Tobago.

International Cooperation Combating Financial Proceeds of Crime

The flow of illicit capital, into the financial circles of various states, is a serious threat to global security. To this end, an important part of the strategy to combat criminal proceeds is the coordination of work between states. Expanding investigative capacity across national borders is seen as an important factor in the success of the fight against crime. The exchange of information, between law enforcement agencies in different states, is one of the most effective policies for financial investigations aimed at tracking the proceeds of crime. This case, should be approciated in two aspects. On the one hand, it is necessary to adopt direct and at the same time joint interventions, to detect and monitor the movement of money or capital outside their borders. On the other hand, the conditions must be provided for an appropriate use of information and without hindering the movement of legal capital. The necessity of a common criminal policy, to deprive criminals of the proceeds of crime and the instruments for their commission, is clearly emphasized by international acts in this field. They encourage the widest possible cooperation between states for the purpose of investigating and prosecuting criminal assets.

Analysis of typologies of money laundering in fulfillment of export transactions

Despite the high level of state control, the sphere of international trade is attractive to malefactors and can be used to with-draw dirty money abroad, or invest it in the legal economy under the guise of honestly earned income. To successfully solve the problem of laundering the proceeds of crime in the course of foreign economic transactions, a systematic approach and scientific understanding of the empirically obtained results are required. The purpose of the article is to study the current trends in the laundering of proceeds from crime in the conduct of foreign economic activity and methods of counteraction.The paper considers the application of typological analysis in economics and other sciences. The author considers and systematizes typologies of legalization of monetary funds by means of price manipulations – by indicating the underestimated or overstated customs value of goods in the accompanying documentation, as well as by performing pseudo-export operations. The study concludes that the money laundering schemes have typical features, and the typological analysis can increase the effectiveness of the efforts of state bodies in the fight against illegal operations. The article defines the specificity of the analysis of financial monitoring objects, which is due to the high latency of deviant subjects and their activities, the large volume and heterogeneous nature of the information requiring analysis and interpretation, high requirements for professional knowledge and practical experience of expert analysts, as well as significant time costs for the analysis of each individual subject.