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By Timur Abimanyu, SH.

MH

PERSFECTIVE LAW CONCERNING THE CRIME OF MONEY LAUNDERING


IN CONNECTION WITH LAW NUMBER 3 YEAR 2004
REGARDING THE BANK INDONESIA

Santo Domingo 13.September 2003 gmm Der größte Versuch von Falschgeldverbreitung in der Geschichte der Dominikanischen
Republik ist vor wenigen Tagen vereitelt worden. Dabei arbeitete die dominikanische Polizei und INTERPOL zusammen. Als
Drahtzieher des Coups wurde der Ungar Zvonko Berdik Albert (60) festgenommen. Falsche US-Banknoten, Schecks und angebliche
Wertpapiere asiatischer und schweizer Banken im Gesamtwert von 40 Millionen US-Dollar wurden sichergestellt. Ein Jugoslawe mit
dominikanischer Cedula ist als Mittäter enttarnt worden. Zvonko Berdik Albert hatte versucht, die falschen Banknoten und Papiere
gemeinsam mit seinem Partner über seine eigenen Scheinfirmen "Financial Corporation and Monetary Foundation Corp. Inc." und
"General XCEO Bedford International" bei dominikanischen Banken zu deponieren. Der Coup mit flog auf, weil die dominikanischen
Banker der Angelegenheit misstrauten. Nach einer Überprüfung durch INTERPOL flogen die "Finanzjongleure" auf.

Money laundering activities are the origins of property which is the result of a crime, that
are hidden or disguised in various ways, where washing should be prevented and eradicated for the
intensity of crimes that result in or involve assets in large numbers can be minimized, so that the
stability of national economy and State security can be maintained well, by way of regional or
international cooperation through bilateral or multilateral forum. Thus an act of money laundering
crimes is necessary to the enactment of Law No. 15 of 2002 on Money Laundering.
Disruption of economic stability as well as Indonesian banks that can harm the State finances are
not small in value, with the implementation of UU Number 3 YEAR 2004 Amendments to the Act
Number 23 OF 1999 is about BANK INDONESIA closely linked to the national financial system
and the international economy more competitive and integrated. In line with the objectives of Bank
Indonesia is to achieve and maintain rupiah stability to achieve the objectives referred to in
paragraph (1) and to implement monetary policy in a sustainable, consistent, transparent, and
should consider the government's general policy in the field of economy, which is inseparable
from the Banking Law that is the law that regulates all activities related to all activities undertaken
by perkonomian Commercial Bank and Bank Syariah, Sebagimana regulated by Act N0. 4 Year
2004 regarding amendments to Law No. 7 of 1992 on Banking. Money laundering activity is an
activity that produces the wealth that comes a crime that is hidden or disguised in various ways,
and to make necessary prevention and to combat the enactment of Law No. 15 of 2002 on Money
Laundering. Because the money laundering activities and destabilizing the economy or the
financial security of the State, on the grounds it is necessary also tersebutlah enactment UU
Number 3 OF 2004 on the Amendment of Act Number 23 OF 1999 Concerning Bank Indonesia,
Bank Indonesia is considering as the Central Bank of Indonesia.The purpose of writing this paper
is a comparison or view for the Government, Bank Indonesia, have always so vigilant or standbay
in every movement of the economy, both internally and externally. Penulusuran in the discussion
of money laundering, How far perkonomian and financial stability of the State have been harmed,
that related to the banking world. On the basis of objective tersebutlah, the authors use the method
of implementation of policies based on Act No. 15 of 2002 and Act. 3 of 2004, as an effort to
prevent or at least minimize the money laundering activity in the economy and state finances, both
internally and externally.
The theory used the concept of the author for a discussion of Money Laundering is relying
on:Elementary Act 1945, Article 33 paragraph (4):
"The national economy maintained, based on economic democracy with the principles of
togetherness, efficient, equitable sustainability, environmental friendliness, independence, and
balancing progress and national unity"

Act No.3 of 2004, Article 7, paragraph (2):


"The objective of Bank Indonesia is to achieve and maintain stability in the rupiah.Untuk achieve
the objectives referred to in paragraph (1), Bank Indonesia monetary policy in a sustainable,
consistent, transparent, and should consider the government's general policy in the field of
economy."

Act. 15 of 2002, Article 1, paragraph (6) and Article 3 paragraph (1) a:


"Suspicious transactions are transactions that deviate from the profile, characteristics and habits of
the customer concerned transactions, including financial transactions by customers whom
presumably done in order to avoid reporting the transaction, which must be carried out by the
Financial Service Provider in accordance with the provisions of this law. " and "Any person who
intentionally placing Assets known or reasonably suspected of being proceeds of crime into the
Financial Service Provider, either on his own behalf or on behalf of another party."
Rostow definition is:
"Regarding the economic development process can be divided into 5 stages: traditional society (the
traditional society), a prerequisite for takeoff (the preconditions for take-of), landing (the take-of),
towards kekedewasaan (the drive to maturity) and the consumption high (the age ofhigh mass-
consumption). "

Based on the issues that have been the author explained above, there are several main
problems of concern here is to discuss the writing of this paper, with a few main problems are as
follows:
a. How far money laundering disrupt the economy and financial stability of the State?
b. The actions and whether prevention efforts, which can be taken against the perpetrators of the
crime of money laundering?
c. How does the sentence imposed sanctions against the perpetrators of the crime of money
laundering and whether the effect and its influence on the economy and state finances, if the
crime of money laundering can not be prevented?
Money laundering (Money Lundering) is a property derived from a variety of crimes or
criminal acts that are prohibited by the Act, which generally does not directly spent or used by the
perpetrators to strive for wealth derived from crime into the system banking (Financial System):
A particularly into the banking system (banking system), for the origin of property can not be
traced by law enforcement. Money laundering (Money Loundering) which are externally derived
from international banks enter into the territory of the Indonesian banking laws to take place on an
ongoing basis, in this case there is a need for efforts to break with the international banking
system, as the prevention of money laundering (Monay Laundering) .2. And effort restrictions
such crimes must be adopted by a State or between States, to be prevented money laundering is to
establish laws that prohibit acts of money laundering by extremely severe sanctions against the
perpetrators of crimes of money laundering, where there is a process consisting from:
a. Placement (Placement) describes an effort to put the cash derived from crime into the financial
system (Financial System) or attempt to place cash deposits (Cheques, bank drafts, certificates
of deposit) back into the financial system, particularly the banking system.
b. Transfer (Layering) is an effort to transfer the assets derived from criminal acts (Dirty Money),
which has successfully placed on providers of financial services (especially banks) as a result of
efforts to placement (Placement) to other financial service providers, in this way to make law
enforcement to be able to find out the origins of property.
c. Using property (Integration) describes an effort to use the wealth derived from crime that
successful entry into the financial system through placement or transfer so as if the property
halal (Clean Money), to the lawful business activities or to refinance the criminal activity .
As we all know that the Banking Law is a rule or legislation governing banking konvensil
banks, Bank government, private banks and foreign private bank, by doing the founding
License. While the Establishment license are provisions for each company will conduct its
business in a country or from other State jurisdictions, must first obtain permission from local
authorities or Government. And liabilities of the bank obtained a license, must meet the
requirements that must be met by Law No.10 of 1998 is as follows:
1. Organizational structures and management.
2. Capital.
3. Ownership.
4 Expertise in the field of Banking.
5. Feasibility Work Plan.
While the definition of the bank itself is a business entity which collects funds from the
public in the form of savings and channel them to the community in the form of credit and /
or other forms in order to improve the standard of living of the people. Thus, understanding
the banking law is a provision / kidah norms or rules of law governing all economic activity
directly related mupun indirectly, in the form of State-owned enterprise that is a bank that
manages and collects funds from the public in the form of deposits and funnel to the public
in the form credit / loan. But in fact, in making economic activities in managing State
finances, the banks in this Bank Indonesia as the Indonesian central bank via banks with
public and private banks often the efforts of an anti-money laundering (monay laundering)
and frequent and often cause problems are private banks that were given confidence to the
financial mengelolaan State. As examples are: the Central Bank, Bank Negara Indonesia
(BNII), Bank Dagang Negara (BDN), Bank Bumi Daya (BBD), Bank Indonesia
Development (BAPINDO), Regional Development Banks (BPD), the State Savings Bank
(BTN) and Bank Self and others.
6. Under Law no. 15 of 2002 concerning Money Laundering is any crime that constitutes a
crime related to banking, where a variety of no money laundering are as follows:
1. Property owned by a person privately or in the form of companies or foundations, which
are collected through gambling.
2. Property owned by a person privately or in the form of a company or foundation, which is
derived from the sale of illegal goods such as selling drugs or medical devices or
instruments of war whose sales through the Black Market.
3. Property owned by a person who personally or in the form of a company or foundation,
which is obtained from the fraud through trade via the Internet (criminal fraud) obtained
from the purchase of a prodak, but charged to credit cards belonging to others, and the
goods are then sold through the balck market for Monetize.
4. Property owned by a person privately or in the form of a company or foundation, which is
obtained from the collection of funds from the public, the savings with the attraction of
high interest, he gets every month, for example: the money is only Rp. ! 0,000,000, - (ten
million) and interest received each month is Rp. 2.000.000, - (two million). The money
raised was added to one of your bank account in Indonesia and secretly funds are then
transferred or bank account other International Banks (banks that are outside of
Indonesia). Judging from the various anti-money laundering (monay laundering) visible
actors the crime is laundering both external ie crimes committed outside the territory of
Indonesia (foreign darai tidal results obtained are valid as the result of gambling, selling
drugs, etc.) done by bank transfer from x (international) to banks in Indonesia, namely
banks xx, then the funds transferred back to a foundation or Integration kerekening yang
indentitasnya unclear or fictitious, the results of these banking activities then the funds are
used to fund certain activities or projects that are in the environment / jurisdictions
economy / banks in Indonesia.Kemudian the proceeds from these projects, if the
realization had been completed, then the money will go into private kerekening (say
investors), a fund that has been washed and are considered legitimate, of course, still go
through several stages to identity of the owner. And vice versa in intrernal conducted
from within the country (Indonesia) do transfer kerekening International banks and
through the opposite phase as mentioned above.

Money laundering is limited by the Act. 15 of 2002, Article 1, paragraph (6) and Article 3
paragraph (1) a is the Constitution of 1945, Article 33 paragraph (4) which states that "The
national economy maintained, based on economic democracy with the principles of togetherness,
efficient, fair sustainability, environmental friendliness, independence, and balancing progress and
national unity "and the Act. 3 of 2004, Article 7, paragraph (2) that "TujuanBank Indonesia is to
achieve and maintain rupiah stability. To achieve the objectives referred to in paragraph (1), Bank
Indonesia monetary policy in a sustainable, consistent, transparent, and should consider the
government's general policy in the field of economy. ", And the related Law. 17 of 2003 on State
Finance.With the above law is as internally laws that restrict or reduce the scope of money
laundering (Monay laundering) in Indonesia, with the aim to maintain economic stability to ensure
the security and tranquility in berinfestasi in Indonesia. And other than that according to Law
Number 15 of 2002 on money laundering (monay laundering) is a law that contain elements of
criminal sanctions in the form of imprisonment and a fine body of criminals laundering money.
In Law no. 15 of 2002 as in Article 10 which reads PPATK, investigators, witnesses, prosecutors,
judges or other people concerned with money laundering case under review violated the provisions
as referred to in Article 39 paragraph (1) and Article 41 paragraph (1 ), shall be punished with
imprisonment for 1 (one) year and a maximum of 3 (three) years and Article 11 which states in
paragraph (1): in the case of convicted person can not afford to pay criminal fines as referred to in
Chapter II and Chapter III, the criminal penalties were replaced by a maximum imprisonment of 3
(three) years, and paragraph (2): Criminal jail in lieu of criminal penalties as referred to in
paragraph (1) included in the ruling of the judge Cq Article 12 is criminal action in chapter II and
chapter III is the Crime of the above legislation.

Given the conditions in the current era of global economy, both internally and externally against
the basic policy and policy enforcement from the state of Indonesia, the author considers criminal
sanctions as stipulated by the articles contained in Law no. 15 of 2002 is still considered less sour
for the perpetrators of anti-money laundering (monay laundering), considering the sentence was
still considered too mild. This should be seen also to the loss of state, who must bear due to money
laundering, which resulted in impaired stability and security in the Indonesian economy, especially
banking players in this Bank Indonesia as the central bank of Indonesia, in charge of monitoring all
activities in the economic transactions Indonesia.The author has been describe above, that the
economic activities in Indonesia will be disturbed by the money laundering activity conducted both
internally and externally, and to seek prevention against money laundering was based on the basic
policies and policy enforcement, which is the legal umbrella of Law 1945 Constitution, Article 33
paragraph (4), Law No. 3 of 2004, Article 7, paragraph (2), Law No. 17 of 2003 and Act No. 15 of
2002, Article 1, paragraph (6) on money laundering.

Under the 1945 Constitution Article 33 will not be achieved both internally and externally against
particularly world economic activity of the banking and financial state, because if tindap criminal
money laundering is still running in the absence of prevention efforts or the presence of legal
corridor raises that limit will result in losses to the state, especially in banking and financial
activities related to the circulation of the country and its financial controls stipulated by Bank
Indonesia as Central Bank of Indonesia, which has a basic policy and implementation of policies
both internally and by external indenpenden. The problem is not realized in economic activities in
Indonesia is an activity carried out by criminals Money Laundering both internal economic
activities located within the jurisdiction of the Indonesian state, which performs a transfer from a
bank in Indonesia x berasar of funds is not legal / illegal to bank xx residing abroad, which could
disrupt the economy and state finances if the transfer is in large numbers.

Vice versa, externally where criminal monay derived from money laundering is not lawful /
unlawful bank of x that are outside the country to transfer stolen money to a bank xx located in
Indonesia, where efforts are not lawful money transfer is done in a way -how that can not be traced
by law enforcement officials in this regard the Bank's financial law enforcement Indonesia as
Central Bank of Indonesia is responsible to manage the financial state of Indonesia.
Regarding the financial problems the State is regulated by Law no. 17 of 2003 is about all the
rights and obligations that can be valued by money, and everything in cash or goods that can be
owned by the State (including state budget and budget), 10 relate to the exercise of rights and
obligations and under the Central Government to the procurement of of all State enterprises whose
capital is owned by government Central and Local Government that is against a business entity
wholly owned by local government.

It should be understood that the State finances is the right of the State to collect taxes, issue and
circulate money and make loans, in terms of the obligation of States to carry out public service
tasks of government / state and pay a third party bill, State revenues, expenditures of State, and
local revenues regional spending. Where is the wealth of the State / district-managed property
itself or by another party in the form of cash, marketable securities, receivables, goods, and other
rights, measured with money, including property companies separated in the State / regional
companies, including property held by other parties by government in furtherance of the duty of
the government and / or public interest and the wealth of others obtained by using the facilities
provided by the government.Continuation of the above explanation is in order to realize the
financial management of State in accordance with the provisions stipulated in Law no. 17 of 2003
on State Finance and Law. 1 Year 2004 regarding State Treasury checks need to be done by one
agency financial audit that the free and independent, as already in Article 23 E of the 1945
Constitution.

In the performance of inspection duties and responsibilities of the management of State finances,
which the CPC is still guided by the Instruction En Verdere Bepalingen Voor De Algemene
Rekenkamer or IAR (Staatsblad 1898 No. 9. as last amended by Staatsblad 320). And until
recently CPC stipulated in Law No. 5 of 1973 on the Audit Board, still have sufficient operational
basis in the execution of his duty to examine the management and financial responsibility of the
State (who previously guided the Indische Comotabiliteits Wet or ICW, Government Gazette No.
1925. 448 jo Statute No. 1968. 53). Scope of examination of CPC, defined and regulated in the
1945 Constitution which includes examining the management and financial responsibility of the
State, which according to Law Number 17 of 2003, Article 2, which includes three types of
inspection authority, namely:
1. Audit is an examination of the financial statements of central and local governments, conducted
by the CPC in order to give a statement of opinion about the level of fairness of information
presented in the financial statements of government.
2. Examination performance was the examination of economic aspects and efficiency and
effectiveness assessment on the aspects more commonly done by management interests of
government officials internal control, the goal is to identify issues that need attention
representative institutions in order to finance activities funded by the State / local carried out
economically and efficiently and effectively meet the target ririskiky.
3. Examination with a specific purpose is an examination conducted by a special purpose, beyond
the financial audit and examination performance in the examination included a specific
objective is to examine other matters related to finance and audit and investigative. Problems
arising from the perpetrators of the crime of money laundering was very influential at all with
state finances, which the state is very sensitive financial arrangements once the circulation,
where finance country should be managed to avoid a money-money not halal / haram, which is
not slowly -land will be in deficit if, money laundering activity is not completely prevented.
Based on the activities that are contrary to law, then the duty to secure finance from
money laundering country is The security forces and officials of Bank Indonesia BPK to perform
financial security to the country with minimal preventive actions to reduce in accordance with the
provisions of the Banking Act, the law finance minister and the law No. 15 of 2002 on money
laundering.

The Internal Factor Analysis.


With based on to banking laws and laws relating to state finances and the consequences of money
laundering (monay laundering), where the authors analyze the internal factors of the crime of
money laundering can destabilize the economy and state finances are a krgiatan or actions
prohibited by the banking law and financial law countries, because these activities are derived
from economic activities is not halal or haram money from the gambling, drugs, activities that are
trading via the internet or collecting funds from people who are not authorized government or
protected by the state. Where this activity is an activity full of engineering and veiled and
outstanding at the Black market.
In an effort to make prevention of internal factors on the perpetrators of the crime of money
laundering, the government has enacted Law no. 15 of 2002 on money laundering which is as an
umbrella law and as policy imposition, with the threat of criminal penalties and sanctions penalties
with fines. But according to the authors of criminal sanctions and sanction penalty is still
considered too kesil, remember money laundering activities take place continuously and on a scale
of millions of dollars even milyatan dollars, which is not recognized by the Government
Indonesian and money laundering activities is indeed very difficult to be tracked internal. If the
money laundering activity which resides in the state of Indonesia, with the media foundations,
companies or other things about the data about the foundation or the company is in fact merely
fictitious or just a pseudonym just to facilitate the transfer of illicit circulation of money is
International bank.

The External Factor Analysis, and vice versa based on external factors, in which money laundering
activities (money laundering), based on external factors to make this pinada tindaka prevention,
needs to be consolidation among foreign governments in this regard Internasiona banking, to be
easily to identify money laundering, which entered from the International Bank of Indonesia (BI)
law. Where is the money laundering process is initially entered through the banking system with
internally stages laundering activities through foundations and Management, whose identity is
disguised.

Based anlisa writer here, against money laundering (money laundering), both internally and
externally is an activity that incoming money laundering that could disrupt banking kesistem
satabilitas and banking and financial system security state in matters relating to the Indonesian
state assets . Therefore need an umbrella law that prevent and restrict laundering (money
laundering) which enter into the banking system, both internal and activities in external activities,
which should also be the need for cooperation among international countries, particularly the
international banks.
Conclusion:
1. With a basic policy that is based on the 1945 Constitution Article 33 which basically
kemidupan improve society can live peacefully and peace, in making economic transactions,
with policies based on application of the Law no. 3 of 2004 concerning Bank Indonesia as the
central bank of Indonesia and the Law no. 15 of 2002 concerning the Crime of Money
laundering (Monay Laundering).
2. Bank Indonesia Act or banking laws and the laws of the Minister of Finance is as laws that
restrict or corridors of criminal money laundering, because if there is no legal payang which is
a basic policy and enforcement policies are monitored internally , will be more effective
enforcement. Given the crime of money laundering is an act or activity which is a crime
committed by samar-samar/tidak visible and are dilungkungan / belonging to black market
transactions.
3. With the application of Law no. 15 of 2002 on money laundering (monay laundering) is a
policy enforcement that also serves as an umbrella law to sanction or sanctions corporal
punishment hukumnan fines, whether committed criminal internally and externally.
4. Prevention of money laundering (manoy laundering) is externally very difficult to trace,
because the perpetrators of these crimes carried out by legal entity disguised indentitasnya
name (legal entity does not exist), it is difficult for officers to track the activities of legal
entities (companies or foundations).
To do prevention activities that need no external ririskiky cooperation between the Indonesian
government in this case represented by Bank Indonesia with Foreign Governments, in this case
represented by the International Bank.
Suggestions:
1. Based on the analysis and conclusions that the authors are internal factors on the policy
application of the Law no. 3 of 2004 concerning Bank Indonesia as the central bank of
Indonesia and the Law no. 15 of 2002 concerning the Crime of Money laundering (Monay
Laundering) still looks a contradiction between that policy, it appears that the policy
implementation of Law no. 3 of 2004 have set the penalty sanctions in the form of corporal
punishment and administrative sanctions, sanctions are seen in the provision of a lack of
uniformity in granting sanctions under the policy implementation of Law no. 15 of 2004 was.
On the basis of the authors suggest that about setting a good criminal sanctions corporal
punishment, fines and administrative sanctions should be no uniformity in these sanctions, and
also must melihata to the sanctions stipulated by KUHPidana and to consider carefully in
Criminal KUH it only regulates the crime , whether the offense was not itemize including
Laudering Monay crime (money laundering).
2. Based on the analysis and conclusions that the authors of external factors on both the
application of the above policy, must also consider the basic policy and policy implementation
of the international community, which has entered into an agreement / resolution between
developing countries and developed countries, given the international cooperation between
countries is very necessary for the criminal activity of money laundering (monay laundering)
can be prevented as much as possible.
3. The need for sincerity of the Government to take precautions against money laundering crimes
(monay laudering), by adopting an enforcement policy that specifically regulates the crime of
money laundering, by loading the articles governing the authorized officer in particular, the
sanctions the punishment, and the articles that govern the relationship between the
International countries, and to prevent clashes between the single policy with other policies,
especially internally. The aim is to gain trust of the international and legal certainty for sure.

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