{"title":"从法律确定性的角度分析2010年第8号法关于预防和根除洗钱犯罪的第69条","authors":"Iwan Roy Charles","doi":"10.30652/ml.v6i1.7811","DOIUrl":null,"url":null,"abstract":"The problem that has been an obstacle for the prosecutor's office to enforce money laundering offenses is the evidence which constitutes \"multiple and related offenses\", which means that the offense will not exist if there are no other offenses as the origin of the offense. Article 2 of Law Number 8 of 2010 has stated the types of predicated crimes in money laundering. The crime of money laundering is included in the qualification of a special crime, not a general crime. A general crime is a crime regulated in the Criminal Code (hereinafter abbreviated to the Criminal Code) and is an act of a general nature, Type ResearchThis research uses normative legal research. Researchers found The analysis of Article 69 of Law No. 8 of 2010 concerning the prevention and eradication of the crime of money laundering in the perspective of legal certainty is debatable because Article 69 does not need to have a proven main crime to prosecute and criminalize the perpetrators. Ideally, evidence in handling cases of money laundering in conducting investigations, prosecutions, and examinations in court is not required to prove the original crime.","PeriodicalId":304890,"journal":{"name":"Melayunesia Law","volume":"37 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Analysis of Article 69 of Law Number 8 of 2010 concerning Prevention and Eradication of the Crime of Money Laundering in the Perspective of Legal Certainty\",\"authors\":\"Iwan Roy Charles\",\"doi\":\"10.30652/ml.v6i1.7811\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"The problem that has been an obstacle for the prosecutor's office to enforce money laundering offenses is the evidence which constitutes \\\"multiple and related offenses\\\", which means that the offense will not exist if there are no other offenses as the origin of the offense. Article 2 of Law Number 8 of 2010 has stated the types of predicated crimes in money laundering. The crime of money laundering is included in the qualification of a special crime, not a general crime. A general crime is a crime regulated in the Criminal Code (hereinafter abbreviated to the Criminal Code) and is an act of a general nature, Type ResearchThis research uses normative legal research. Researchers found The analysis of Article 69 of Law No. 8 of 2010 concerning the prevention and eradication of the crime of money laundering in the perspective of legal certainty is debatable because Article 69 does not need to have a proven main crime to prosecute and criminalize the perpetrators. Ideally, evidence in handling cases of money laundering in conducting investigations, prosecutions, and examinations in court is not required to prove the original crime.\",\"PeriodicalId\":304890,\"journal\":{\"name\":\"Melayunesia Law\",\"volume\":\"37 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2022-06-30\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Melayunesia Law\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.30652/ml.v6i1.7811\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Melayunesia Law","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.30652/ml.v6i1.7811","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
Analysis of Article 69 of Law Number 8 of 2010 concerning Prevention and Eradication of the Crime of Money Laundering in the Perspective of Legal Certainty
The problem that has been an obstacle for the prosecutor's office to enforce money laundering offenses is the evidence which constitutes "multiple and related offenses", which means that the offense will not exist if there are no other offenses as the origin of the offense. Article 2 of Law Number 8 of 2010 has stated the types of predicated crimes in money laundering. The crime of money laundering is included in the qualification of a special crime, not a general crime. A general crime is a crime regulated in the Criminal Code (hereinafter abbreviated to the Criminal Code) and is an act of a general nature, Type ResearchThis research uses normative legal research. Researchers found The analysis of Article 69 of Law No. 8 of 2010 concerning the prevention and eradication of the crime of money laundering in the perspective of legal certainty is debatable because Article 69 does not need to have a proven main crime to prosecute and criminalize the perpetrators. Ideally, evidence in handling cases of money laundering in conducting investigations, prosecutions, and examinations in court is not required to prove the original crime.