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AML/CFT Journal The Journal of Anti Money Laundering and Countering the Financing of Terrorism
Published by Pusat Pelaporan dan Analisis Transaksi Keuangan
ISSN : 2963220X     EISSN : 2964626X     DOI : https://doi.org/10.59593/amlcft
Core Subject : Economy, Social,
Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice
AML/CFT Journal: The Journal of Anti Money Laundering and Countering the Financing Terrorism published by the Indonesia Financial Transaction Report and Analysis Center (INTRAC) or in Bahasa "Pusat Pelaporan dan Analisis Transaksi Keuangan (PPATK)", contains publication on the research and studies on issues related to Anti Money Laundering and Countering the Financing of Terrorism. The scope of articles for AML/CFT Journal shall focus on Anti-Money Laundering and Prevention of the Financing of Terrorism in which coverage includes but is not restricted to: 1. Money Laundering from Predicate Crimes; 2. Green financial crime; 3. Organized crime and Financing of Terrorism; 4. Money laundering using financial technology; 5. Development in financial crime investigations; 6. Trends in mode and typology of financial crimes; 7. Tracing and recovering assets; 8. Supervision of compliance with anti-money laundering and countering the financing terrorism programs; 9. Proliferation of mass destruction; 10. Crimes in Banking system.
Arjuna Subject : Ilmu Ekonomi, Ekonometrika dan Keuangan (semua kategori) - Keuangan
Articles 6 Documents
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Search results for , issue "Vol 1 No 2 (2023): Permasalahan Hukum terkait Tindak Pidana Pencucian Uang" : 6 Documents clear
Menyelamatkan Hutan melalui Instrumen Pembiayaan Berkelanjutan dan Penegakan Hukum terhadap Financial Backers Felix Aglen Ndaru
AML/CFT Journal : The Journal Of Anti Money Laundering And Countering The Financing Of Terrorism Vol 1 No 2 (2023): Permasalahan Hukum terkait Tindak Pidana Pencucian Uang
Publisher : Pusdiklat APU PPT PPATK

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (668.716 KB) | DOI: 10.59593/amlcft.2023.v1i2.39

Abstract

International reports show a correlation between financing and deforestation. Law enforcement has not fully touched financiers and beneficiaries. Law Number 18 of 2013 concerning the Prevention and Eradication of Forest Destruction is a progressive regulation that regulates the punishment of activities to fund forest destruction. Still, the offense is relatively rarely used by law enforcement. This study uses normative legal research methods and case studies. The study aims to dissect the concept of funding forest destruction and explore strategies for implementing sustainable financing. The study results show that the punishment for supporting forest destruction must be done by proving the element of guilt, namely the element of intentionality for individuals and at least culpa lata for corporations. To implement sustainable financing, strategies for financial institutions include strengthening the principal system of recognizing service users, active and continuous monitoring and auditing, and cross-sector collaboration. Financial institutions must also support policies and guidelines related to green financing, anti-money laundering, and anti-deforestation. The challenge of funding forest destruction is the existence of business actors who take refuge in complete permits and the absence of operational definitions in Law Number 18 of 2013. The case study results show that the punishment for funding forest destruction cannot be done partially but must simultaneously ensnare investors, forest destruction actors, and other parties who participate.
Organisasi Non-Profit Sebagai Media Tindak Pidana Pencucian Uang Ningrum Natasya Sirait; Liza Hafidzah Yusuf Rangkuti
AML/CFT Journal : The Journal Of Anti Money Laundering And Countering The Financing Of Terrorism Vol 1 No 2 (2023): Permasalahan Hukum terkait Tindak Pidana Pencucian Uang
Publisher : Pusdiklat APU PPT PPATK

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (420.436 KB) | DOI: 10.59593/amlcft.2023.v1i2.54

Abstract

Non-Profit Organisations (NPOs) as known as Foundation received attention when there was suspicion of money laundering. Several cases that has become the highlight is the Aksi Cepat Tanggap Foundation (ACT) and Yayasan Keadilan Untuk Semua Foundation (YKUS). In its development, the Foundation has been used as a medium for money laundering due to weak regulations on the organization of the Foundation. This study aims to find out how the law regulates Foundation, maps risk factors and preventive measures against Foundation as a medium for money laundering crimes. The research is normative using statutory and conceptual approaches. The results showed that Foundation are regulated through laws and government regulations, there are four risk factors for running Foundation as a medium for money laundering, namely anonymous donations/mysterious donors, overvaluation of donation assets, misuse of funds, and other unusual transactions. Likewise, the importance of applying proper due diligence procedures as an effort to prevent money laundering in accepting foundation donations. The conclusion is that money laundering threatens the integrity and stability of the system and financial institutions, including Foundation. Regulations for Foundation in Indonesia are still limited, not yet comprehensive and highly vulnerable to money laundering, so further research is needed to compare laws and regulations in other countries related Foundation.
Pencucian Uang di Negara-Negara APEC: Analisis Model Gravitasi tentang Daya Tarik dan Pilihan Tujuan Amarillys Enika Noora Ariesiyani; Lalu Garin Alham
AML/CFT Journal : The Journal Of Anti Money Laundering And Countering The Financing Of Terrorism Vol 1 No 2 (2023): Permasalahan Hukum terkait Tindak Pidana Pencucian Uang
Publisher : Pusdiklat APU PPT PPATK

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (824.875 KB) | DOI: 10.59593/amlcft.2023.v1i2.56

Abstract

This paper has three main contributions. First it attempts to measure which APEC countries are attractive destinations for money laundering to Indonesia. Second it measures and ranks the degree of money laundering attractiveness in-between APEC country members themselves. Third, it tests the variables contributing to a country’s money laundering attractiveness. The attractiveness is measured using the Gravity model derived from Newtonian gravitational equations by utilizing variables ranging from countries’ wealth, government attitude on money laundering, corruption perception index, SWIFT membership, conflict, financial secrecy, and physical & cultural distances. Pearson correlation analysis is also employed to test the statistical interaction & correlation between corresponding variables. Our simulations show that several countries consistently sit on the top 3 (three) most attractive money laundering destinations: Singapore, Hongkong, and the United States. It is also found that financial secrecy and GNI per capita significantly correlate with the degree of money laundering attractiveness. This analysis unveils that an attractive financial regime (beneficial ownership and bank secrecy) and a strong economy attract money launderers to conceal their ill-gotten money in a country.
Konstruksi Hukum Terhadap Kewajiban Koordinasi PPNS Kepada Kepolisian Dalam Menyidik Pencucian Uang Hasrina Nurlaily
AML/CFT Journal : The Journal Of Anti Money Laundering And Countering The Financing Of Terrorism Vol 1 No 2 (2023): Permasalahan Hukum terkait Tindak Pidana Pencucian Uang
Publisher : Pusdiklat APU PPT PPATK

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (949.826 KB) | DOI: 10.59593/amlcft.2023.v1i2.58

Abstract

Civil Servant Investigators (CSI) can investigate money laundering (ML) crimes. The process of investigating money laundering by CSI is contained in Law 8/2010 and in the Indonesian Constitutional Court No. 15/PUU-XIX/2021 Decision. Given that CSI is governed by and works in tandem with the Indonesian National Police, these laws still call for greater regulation for CSI to fulfill and apply the multidoor system concept and the rapid, simple, and low-cost principle as crime investigators for ML. This study aims to clarify why it is critical to implement legal construction in connection with the ML investigation by CSI under the relevant concepts and principles to maximize the handling of ML in the future. This paper used normative juridical, statutory, and conceptual approaches. The findings of this study are expected to serve as a guide for the CSI in investigating ML during transferring the findings of investigations to the Public Prosecutor, leveling perceptions among law enforcement officials, and providing support for investigators balanced with coordination and cooperation among officials so that effective and efficient law enforcement can be achieved.
Mengurai Permasalahan Hukum Terkait Transaksi Keuangan dalam Pencucian Uang Go Lisanawati
AML/CFT Journal : The Journal Of Anti Money Laundering And Countering The Financing Of Terrorism Vol 1 No 2 (2023): Permasalahan Hukum terkait Tindak Pidana Pencucian Uang
Publisher : Pusdiklat APU PPT PPATK

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (436.049 KB) | DOI: 10.59593/amlcft.2023.v1i2.59

Abstract

This study aims to analyze the consistency and effectiveness of the formulation of suspicious financial transactions in legal regulations related to money laundering from the law to the implementing rules. The issue discussed was related to the proposal to reformulate the definition of financial transactions as part of suspicious activity. The urgency of debating this issue is to avoid inconsistencies in the meaning and implementation of indicators of these financial transactions to provide effective prevention for all parties responsible for the anti-money laundering regime. This research uses normative juridical law research, with the object of research in the form of a positive legal inventory. The findings in this study are that efforts to reformulate the formulation of financial transactions in the context of suspicious activities will avoid conflicts of meaning in the context of lex superior derogat legi inferiori and will provide the ability to the reporting party to carry out legal obligations and moral obligations for the effectiveness of the anti-money laundering regime in Indonesia.
Posibilitas Penerapan In Rem Asset Forfeiture Sebagai Upaya Asset Recovery Di Indonesia Desi Fitriyani; Muthi’ah Maizaroh
AML/CFT Journal : The Journal Of Anti Money Laundering And Countering The Financing Of Terrorism Vol 1 No 2 (2023): Permasalahan Hukum terkait Tindak Pidana Pencucian Uang
Publisher : Pusdiklat APU PPT PPATK

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (652.077 KB) | DOI: 10.59593/amlcft.2023.v1i2.62

Abstract

Improving the method of asset confiscation to recover state losses is an urgent issue that needs to be addressed. The current approach, which relies on in-person procedures, presents numerous ongoing obstacles. Therefore, a breakthrough in asset confiscation is required, namely implementing in rem asset forfeiture. This paper explores the feasibility of adopting in-rem asset forfeiture in Indonesia while addressing the associated challenges. It is both descriptive and prescriptive, providing an analysis of how to establish a comprehensive regulatory framework to optimize asset confiscation. The research employs a normative juridical research method, focusing on the concept and legal policies on asset confiscation. The findings suggest the need to revamp the legal system governing asset confiscation in Indonesia by officially incorporating in rem asset forfeitures into positive law and achieving vertical and horizontal legal harmonization.

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