PENEGAKAN HUKUM TERHADAP TINDAK PIDANA PENCUCIAN UANG HASIL KEJAHATAN NARKOTIKA OLEH KORPORASI

Iwan Wardhana, . (2020) PENEGAKAN HUKUM TERHADAP TINDAK PIDANA PENCUCIAN UANG HASIL KEJAHATAN NARKOTIKA OLEH KORPORASI. Tesis thesis, Universitas Pembangunan Nasional Veteran Jakarta.

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Abstract

This study aims to identify and explain the factors that cause the crime of money laundering resulting from narcotics crimes by corporations. In addition, it is to know and explain about the formulation of ideal criminal law norms in criminal law policies, in order to eradicate the crime of money laundering committed by corporations. The theory used is the theory of punishment and the theory of differential association. The research method used is the normative juridical approach, which is legal research carried out by examining library materials or secondary date as the basic material to be studied by conducting a search of the regulations and literature related to the problem under study. The results of this study are formulated that the factors causing the crime of money laundering resulting from narcotics crimes by corporations in Indonesia, namely the number of laws in Indonesia that place corporations as subjects of criminal acts that can be held accountable, but cases with corporate law subjects are filed in the criminal process is still very limited because one of the reasons is that the procedures and procedures for examining corporations as perpetrators of criminal acts are still unclear; The complexity of the problems faced by law enforcement officials in investigating assets hidden, disguised or obscured by corporations from the proceeds of narcotics crimes. Meanwhile, the criminal law policy that regulates the crime of money laundering by corporations in Indonesia is stipulated by Law Number 8 of 2010 in Article 1 and Article 2, it has been stated that what is meant by money laundering is any act that fulfills the elements of a criminal act in accordance with the provisions in Law on the Prevention and Eradication of the Crime of Money Laundering. In order to prevent and eradicate the crime of money laundering, an independent institution called the Transaction Reporting and Analysis Center has been established, hereinafter referred to as PPATK. Conclusion; that the factors that cause the crime of money laundering from the proceeds of narcotics crime by corporations are weaknesses in the laws and regulations related to corporate criminal liability so that it is used by narcotics actors or networks by involving corporations to hide, disguise and obscure assets from crime. narcotics due to the limitations of judges in ordering further investigations to prove predicate crimes committed by corporations. And formulating ideal criminal law norms in criminal law policies in order to eradicate the Crime of Money Laundering committed by corporations is to harmonize or synchronize the norms of punishment and crime from the proceeds of money laundering crimes.

Item Type:	Thesis (Tesis)
Additional Information:	[No. Panggil : 1810622048] [Ketua Penguji : Atik Winanti] [Penguji 1 : Alfitra] Penguji 2 : Handoyo Prasetyo]
Subjects:	K Law > K Law (General)
Divisions:	Fakultas Hukum > Program Studi Hukum (S2)
Depositing User:	Iwan Wardhana
Date Deposited:	20 May 2021 07:51
Last Modified:	20 May 2021 07:51
URI:	http://repository.upnvj.ac.id/id/eprint/10469

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