The Nature Criminal Act of Money Laundering in The Criminal Justice System in Indonesia
Journal: International Journal of Science and Research (IJSR) (Vol.7, No. 5)Publication Date: 2018-05-05
Authors : Najamuddin; H. Hambali Thalib; Sufirman Rahman; Hamza Baharuddin;
Page : 1814-1820
Keywords : Money Laundering; Criminal Justice System;
Abstract
The objectives of this research are To analyze and discover the essence of criminal punishment of laundering in the criminal justice system, and to analyze and discover the criminalizing practices against money launderers in the criminal justice system, and to know and analyze and find interpretation of judges in punishment of money launderers. The method of this research is normative law research using normative law case study in the form of legal behavior product, for example studying the draft law. The subject of the study is the law that is conceptualized as the norm or rule that prevails in society and becomes the reference of everyone& #039, s behavior. Thus normative legal research focuses on the inventory of positive law, legal principles and doctrines, legal discovery in conreto, legal system, synchronization level, comparative law, and legal history The nature of criminalizing money laundering in a clear and detailed manner determines the limits of sentencing and the level of sentencing. The provision in this punishment is reinforced by the determination of the types of sanctions that provide an alternative for the courts to determine the appropriate sanctions for perpetrators based on the degree of crime, the conditions of the perpetrator and other circumstances so that there is no indiscriminately on the imposition of the criminal. The imprisonment or deprivation of independence, although still difficult to be abolished, also began to be a type of sanction that in its application is more selective. The practice of criminalizing money laundering crimes has not necessarily imposed criminal sanctions and measures (double track system), regulated further or better than the regulation of various sanctions of actions currently prescribed in Indonesian positive law, both in the Criminal Code and other laws.
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