Application of Criminal Law to Corporations in Money Laundering Cases

Arif Andiono

Abstract


Abstract. The increasing phenomenon of money laundering cases involving corporations is a challenge for the law enforcement system in Indonesia. Corporations are often used as a tool to disguise the proceeds of criminal acts, especially those originating from corruption crimes. To overcome this, it is necessary to apply effective criminal law to corporations as legal subjects that can be punished. This study aims to analyze the application of criminal law to corporations in money laundering cases, including the accountability mechanism based on regulations in force in Indonesia. This study uses a normative juridical method with descriptive-analytical specifications. The data sources used are secondary data that are analyzed qualitatively with reference to the Theory of Law Enforcement and the Theory of Legal Certainty. The results of the study show that Law No. 8 of 2010 concerning the Prevention and Eradication of Money Laundering Crimes has expanded the legal subjects that can be held criminally accountable, including corporations. Based on the Theory of Law Enforcement, the effectiveness of taking action against corporations is highly dependent on the commitment of law enforcement officers in implementing existing regulations. Meanwhile, the Theory of Legal Certainty emphasizes that the existence of Supreme Court Regulation (Perma) No. 13 of 2016 has clarified the mechanism of criminal liability for corporations, thus creating justice and legal certainty in judicial practice. With strong regulations and consistent implementation, it is hoped that law enforcement against corporations in money laundering crimes can provide a deterrent effect and prevent similar criminal practices in the future.

Keywords: Corporations; Criminal; Enforcement; Money Laundering.


Keywords


Keywords: Corporations; Criminal; Enforcement; Money Laundering.

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DOI: http://dx.doi.org/10.30659/rlj.4.1.466-491

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