Law Enforcement of Money Laundering Crimes on Criminal Acts of Origin

Abstract

Law enforcement against active perpetrators of money laundering (TPPU), especially self laundering perpetrators, is a complex challenge in the criminal justice system. This type of offender not only commits the original crime such as corruption, narcotics, or embezzlement, but also directly disguises and hides the proceeds of crime. The complexity of proof, limited access to financial data, and increasingly sophisticated money laundering patterns require law enforcement officials to work cross-sectorally with the support of financial forensic technology. The main focus in proving Money Laundering, especially Article 3 of Law No. 8/2010, lies in the element of disguising and concealing, which is often difficult to separate from proving the crime of origin. This research uses normative juridical method by examining laws and regulations, court decisions, and other legal documents. The research found that there is still uncertainty in the application of reverse burden of proof for active actors, especially in proving the origin of assets. Therefore, the government needs to provide legal clarity regarding the limits and obligations of the defendant in this case. In addition, it is recommended that a uniform and integrated standard operating procedure (SOP) be developed between PPATK, the Police, the Attorney General's Office, and the OJK in the asset tracing process. Harmonized SOPs will accelerate information exchange, strengthen coordination, and increase effectiveness and accountability in combating money laundering. With these efforts, law enforcement against active Money Laundering offenders can run more optimally and thoroughly.