TELAAH PEMBUKTIAN TERBALIK TINDAK PIDANA PENCUCIAN UANG DALAM PROSES PERADILAN

Abstract

Money laundering or money laundering is simply defined as a process of making
the proceeds of crime or referred to as dirty money, for example the proceeds
from drugs, corruption, tax evasion, gambling, smuggling and others, which are
sought or transformed into a form that looks legitimate for safe use. Indonesia
only criminalized money laundering in April 2002, with the promulgation of Law
Number 15 of 2002 concerning the Crime of Money laundering, which was later
revised by Law Number 25 of 2003. After that, in 2010, the anti-money laundering
provisions were revised again with Law Number 8 of 2010. Law on money
laundering crimes. the crime of money laundering has different characteristics
from other types of crime in general, especially that this crime is not a single
crime but a double crime. The law on the crime of money laundering does not
provide a definite definition regarding the crime of money laundering whether
it is a further offense or an independent one, this has arisen in academics
and activation law regarding the crime of money laundering whether it is an
independent or a further offense. The formulation of the articles that form the
basis of these violations are Article 3, Article 4, Article 5 and Article 69 of the crime
of money laundering. The type of research conducted is normative research, the
approach used is the statutory approach and the conceptual approach, the legal
materials used come from the literature, journals and invitation regulations, data
collection techniques are using document studies, analysis of legal materials is
by using protection . The conclusion that the crime of money laundering is a
follow-up criminal act, meaning that the money laundered by the perpetrator is
none other than a predicate crime, so that a money laundering crime can occur
without being preceded by a predicate crime