The Role Of Banking In Preventing The Crime Of Money Laundering Is Linked To The Principles Of Bank Secrecy

Abstract

In today's highly sophisticated era of globalization, there are more and more forms of crime and more complex types, many crimes that have been carried out today use financial institutions, especially banks as targets. The purpose of this study is to know, review and analyze the legal arrangements against money laundering, how banks are related in preventing money laundering with the principle of bank secrecy. As well as to know, review and analyze bank secrecy problems in an effort to prevent money laundering. The approach method used by normative juridical is a legal research method used referring to existing literature studies or secondary data and aims to obtain normative knowledge about the relationship between one regulation and another regulation and its application in practice. The specification of writing using descriptive analysis, the source and type of data used is secondary. Data collection methods through literature research, document studies, and using qualitative data analysis methods. Problems are analyzed with the theory of criminal countermeasures, and the theory of legal certainty. The results of the study explain that the legal regulation on money laundering in Indonesia is regulated in Law Number 8 of 2010 concerning money laundering, the linkage of banks in preventing money laundering with the principle of bank secrecy is to increase public trust in a bank by implementing bank compliance with bank secret obligations, which concerns whether or not the bank is trusted by customers to store their funds and / or Use other services of the bank not to disclose the state of money and transactions of the customer and other conditions of the customer concerned to other parties. The problem of bank secrecy in an effort to prevent money laundering is because there is still fraud or insiders and banks need several programs to stay awake from money laundering efforts.