{"title":"Construction of Law Enforcement Against Money Laundering Crime With Cyber Laundering Mode","authors":"Muhamad Rakhmat","doi":"10.32591/coas.ojls.0301.01001r","DOIUrl":null,"url":null,"abstract":"If it is understood that all economic crimes (financial crimes) will lead to money laundering, then there should also be a lot of UUTPPU applications for economic crime cases. But in reality the court’s decision on financial crimes related to UUTPPU is not up to 20 decisions, even though the economic crimes that reached the court were very large (especially those that are still in the investigation stage, the number is far more), namely corruption, banking crime, illegal logging, smuggling and others. Based on these data, it can be imagined how long a case must be settled through a judicial process. Not infrequently a criminal case requires three to six years to get a decision. The problem does not stop here, although the decision has been obtained, it is likely that the parties who are dissatisfied with the decision will submit other legal remedies such as appeal or reconsideration. When added up, the total time needed for a decision to have permanent legal force is fifteen to twenty years. Various technological advances were then anticipated with the birth of Law No. 11 of 2008 concerning Information and Electronic Transactions and subsequently written ITE Law. Information, Documents and Electronic Signature Arrangements are set forth in Articles 5 through 12 of the ITE Law. In general, it is said that Electronic Information, and/or Electronic Documents, and/or printouts, are valid legal evidence, which is an extension of legal evidence in accordance with the applicable Procedure Law in Indonesia. Likewise, Electronic Signatures have legal force and legal effect. However, the making of an electronic signature must meet the specified requirements. The threat of using information technology to encourage money laundering has been recognized by many. Professor of Information Technology at the University of Paramadina, Marsudi W. Kisworo stressed that currently the world is trying to fight money laundering through the Internet media, and even the biggest crime on the Internet is money laundering with a percentage of more than 30% of cybercrime.","PeriodicalId":125595,"journal":{"name":"Open Journal for Legal Studies","volume":"1 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2020-03-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Open Journal for Legal Studies","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.32591/coas.ojls.0301.01001r","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 0
Abstract
If it is understood that all economic crimes (financial crimes) will lead to money laundering, then there should also be a lot of UUTPPU applications for economic crime cases. But in reality the court’s decision on financial crimes related to UUTPPU is not up to 20 decisions, even though the economic crimes that reached the court were very large (especially those that are still in the investigation stage, the number is far more), namely corruption, banking crime, illegal logging, smuggling and others. Based on these data, it can be imagined how long a case must be settled through a judicial process. Not infrequently a criminal case requires three to six years to get a decision. The problem does not stop here, although the decision has been obtained, it is likely that the parties who are dissatisfied with the decision will submit other legal remedies such as appeal or reconsideration. When added up, the total time needed for a decision to have permanent legal force is fifteen to twenty years. Various technological advances were then anticipated with the birth of Law No. 11 of 2008 concerning Information and Electronic Transactions and subsequently written ITE Law. Information, Documents and Electronic Signature Arrangements are set forth in Articles 5 through 12 of the ITE Law. In general, it is said that Electronic Information, and/or Electronic Documents, and/or printouts, are valid legal evidence, which is an extension of legal evidence in accordance with the applicable Procedure Law in Indonesia. Likewise, Electronic Signatures have legal force and legal effect. However, the making of an electronic signature must meet the specified requirements. The threat of using information technology to encourage money laundering has been recognized by many. Professor of Information Technology at the University of Paramadina, Marsudi W. Kisworo stressed that currently the world is trying to fight money laundering through the Internet media, and even the biggest crime on the Internet is money laundering with a percentage of more than 30% of cybercrime.
如果理解所有的经济犯罪(金融犯罪)都会导致洗钱,那么也应该有很多UUTPPU适用于经济犯罪案件。但在现实中,法院对与UUTPPU相关的金融犯罪的判决不超过20项,尽管到达法院的经济犯罪数量非常大(特别是仍在调查阶段的经济犯罪数量要多得多),即腐败、银行犯罪、非法伐木、走私等。根据这些数据,可以想象通过司法程序解决一个案件需要多长时间。通常情况下,一个刑事案件需要三到六年的时间才能得到裁决。问题还不止于此,虽然已经取得了决定,但当事人对决定不服的,很可能会提出上诉或复议等其他法律救济。加起来,一项决定具有永久法律效力所需的总时间为15至20年。随着2008年关于信息和电子交易的第11号法律的诞生,以及随后制定的信息和电子交易法,各种技术进步得到了预期。信息、文件和电子签名安排在信息技术交易法第5条至第12条中有所规定。一般来说,电子信息和/或电子文件和/或打印输出都是有效的法律证据,根据印度尼西亚适用的《诉讼法》,这是法律证据的延伸。同样,电子签名具有法律效力和法律效果。但是,制作电子签名必须符合规定的要求。许多人已经认识到利用信息技术鼓励洗钱的威胁。帕拉马迪纳大学信息技术教授Marsudi W. Kisworo强调,目前全世界都在努力通过网络媒体打击洗钱,甚至互联网上最大的犯罪是洗钱,占网络犯罪的30%以上。