REFORMULASI PENGATURAN DAN TANGGUNGJAWAB BENEFICIAL OWNERSHIP DALAM PERSEROAN TERBATAS TERKAIT DENGAN TINDAK PIDANA PENCUCIAN UANG

Dhimas Saputra, . (2024) REFORMULASI PENGATURAN DAN TANGGUNGJAWAB BENEFICIAL OWNERSHIP DALAM PERSEROAN TERBATAS TERKAIT DENGAN TINDAK PIDANA PENCUCIAN UANG. Tesis thesis, Universitas Pembangunan Nasional Veteran Jakarta.

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Abstract

In the Indonesian context, vigorous law enforcement is needed to overcome criminal violations involving beneficial owners. Beneficial owners are those who obtain economic benefits from an entity or company. However, identifying beneficial owners is often difficult due to efforts to hide actual ownership to avoid legal liability. In addition, prosecuting offenses involving beneficial owners also faces legal, procedural, and practical challenges, which can make law enforcement less effective. Therefore, a thorough evaluation of the identification and prosecution system is essential to improve the effectiveness of law enforcement. Based on the research results, the position of the beneficial owner in a limited liability company has not explicitly been regulated in the national legal framework. Presidential Regulation Number 13 of 2018 has introduced a definition of a beneficial owner, but there is still a legal vacuum regarding their position in the company. As the ultimate owner, the beneficial owner has control authority without needing authorization from other parties. If involved in a money laundering crime, the beneficial owner may be subject to sanctions covering his personal property. In addition, based on the concept of "piercing the corporate veil", beneficial owners who use the company for unlawful actions can be considered as irresponsible corporate owners.

Item Type: Thesis (Tesis)
Additional Information: [No. Panggil: 2210622053] [Pembimbing 1: Handoyo Prasetyo] [Pembimbing 2: Slamet Tri Wahyudi] [Penguji 1: Beniharmoni Harefa] [Penguji 2: Handar Subhandi Bakhtiar]
Uncontrolled Keywords: Beneficial ownership; Limited liability company; Money laundering crime
Subjects: K Law > K Law (General)
Divisions: Fakultas Hukum > Program Studi Hukum (S2)
Depositing User: DHIMAS SAPUTRA
Date Deposited: 02 Sep 2024 07:38
Last Modified: 02 Sep 2024 07:38
URI: http://repository.upnvj.ac.id/id/eprint/33469

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