Contribution of Islamic Law in Tackling Money Laundering Crimes in Indonesia

Muhammad Ridha Haykal Amal
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Abstract

Money laundering is an attempt by a person to hide the origin of the proceeds of the crime he has committed. When viewed from the origin of the word, money laundering comes from two syllables, namely washing and money. Washing means cleaning something dirty or attempts to remove dirt stuck to something, and money is a tool that is used to exchange something and is generally accepted. In Jinayah's point of view, money / property is obtained from a way that is vanity / haram, for example, obtained from taking / seizing property that is not his property, narcotics, terrorism and so on. On that basis, in order to eliminate traces of his / her crime, a person then laundered the "illegal money / property" in various ways including making his own business, investing, and so on, so that it is as if what is produced from his business or investment is a lawful result. . The sentence "laa ta'kuluu" in the above verse according to Indonesian tafsir expert Prof. Quraish Shihab does not only mean "to eat" in the sense of putting something in the mouth and swallowing it. However, the meaning also means "how to obtain or perform activities". The procedure used to collect data in this study is documentation, namely the guidelines used in the form of notes or quotations, search for legal literature, books and others related to the identification of problems in this study both offline and online. Analysis of legal materials is carried out using the content analysis method (centent analysis method) which is carried out by describing the material of legal events or legal products in detail in order to facilitate interpretation in the discussion. Explicitly, Islamic criminal law (jinayah) does not explicitly mention the term money laundering. He only mentions terms that have the same elements in his actions as money laundering, including theft, embezzlement, fraud, and treason.
伊斯兰教法对印尼打击洗钱犯罪的贡献
洗钱是指一个人企图隐瞒其犯罪所得的来源。从词源上看,money laundering(洗钱)一词有两个音节,即washing和money。Washing的意思是清洗脏东西或试图去除粘在某物上的污垢,money是一种用来交换东西的工具,被普遍接受。在Jinayah看来,金钱/财产是通过虚荣/ haram的方式获得的,例如,通过夺取/占有不属于他的财产,毒品,恐怖主义等等。在此基础上,为了消除犯罪痕迹,一个人会通过各种方式,包括创业、投资等,对“非法资金/财产”进行洗钱,使其经营或投资产生的结果似乎是合法的。根据印度尼西亚烤肉专家Quraish Shihab教授的说法,上述诗句中的“laa ta’kuluu”这句话不仅意味着“吃”,意思是把东西放进嘴里吞下去。然而,这个意思也意味着“如何获得或执行活动”。在本研究中收集数据的程序是文献,即以笔记或引文的形式使用的指南,搜索法律文献,书籍和其他与本研究中离线和在线的问题识别相关的指南。对法律材料的分析采用内容分析法(内容分析法),通过对法律事件或法律产品的材料进行详细描述,以便在讨论中进行解释。显然,伊斯兰刑法(jinayah)没有明确提到洗钱一词。他只提到了在他的行为中具有与洗钱相同元素的术语,包括盗窃、挪用公款、欺诈和叛国。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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