CRIMINAL LIABILITY OF PASSIVE PERPETRATORS IN MONEY LAUNDERING CRIMES INVOLVING THE FAMILIES OF STATE OFFICIALS

Agnes Cynthia, . (2025) CRIMINAL LIABILITY OF PASSIVE PERPETRATORS IN MONEY LAUNDERING CRIMES INVOLVING THE FAMILIES OF STATE OFFICIALS. Al-Risalah Jurnal Ilmu Syariah dan Hukum, 25 (2). pp. 403-419. ISSN 2550-0309

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Abstract

This research examines the criminal liability of passive perpetrators in money laundering cases, with a specific focus on the family of Syahrul Yasin Limpo (SYL), a former Indonesian Minister implicated in a high-profile corruption case. The primary purpose of this study is to explore whether individuals who indirectly benefit from illicit assets, without directly engaging in concealment, can be held criminally accountable under Indonesian anti-money laundering laws. Employing a normative legal research method, the study adopts both a statutory approach—analyzing Law No. 8 of 2010 on the Prevention and Eradication of Money Laundering and a case approach through the judicial findings and evidence presented in SYL’s corruption trial. The results indicate strong grounds to suspect SYL’s family members as passive perpetrators, as they knowingly enjoyed the benefits of unlawful wealth through luxury lifestyles, property maintenance, and asset acquisition, without questioning the origin of the funds. These actions fulfil the elements required under Article 5, Paragraph (1) of the Money Laundering Law and suggest potential criminal liability. The originality of this research lies in its focus on passive actors—typically overlooked in legal practice—highlighting the legal and moral responsibility of beneficiaries in money laundering schemes. The findings imply a need for more comprehensive law enforcement strategies that include not only active perpetrators but also passive participants, in order to uphold the rule of law and combat impunity in corruption-related crimes.

Item Type:	Article
Additional Information:	[No. Panggil : 2110611101] [Pembimbing : Kayus Kayowuan Lewoleba] [Penguji 1 : Handoyo Prasetyo] [Penguji 2 : Yuliana Yuli]
Uncontrolled Keywords:	Criminal Liability; Money Laundering; Corruption; Passive perpetrators of Money Laundering
Subjects:	K Law > K Law (General)
Divisions:	Fakultas Hukum > Program Studi Hukum (S1)
Depositing User:	AGNES CYNTHIA
Date Deposited:	15 Aug 2025 07:31
Last Modified:	15 Aug 2025 07:31
URI:	http://repository.upnvj.ac.id/id/eprint/39124

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