MONEY LAUNDERING

Main Author: Sjahdeini, Sutan Remy
Format: Article eJournal
Bahasa: eng
Terbitan: [ 8 ] JURNAL HUKUM BISNIS , 2012
Online Access: http://lib.law.ugm.ac.id/ojs/index.php/jhb/article/view/1780
Daftar Isi:
  • Money laundering is a certain process or activity executed by a person or criminal organization towards money originating from a criminal offense, which has the intention to hide the source of this money from the government or organization authorized to take actions againts this criminal offense which makes mainly use of the method to dmistribute the money into the financial systems, thereafter resulting this dirty money when retrieved from thye financial systems, to be clean and legal. To fights the practice of money laundering is among realiuzed through the formation of the Financial Action Tasks Force on Money Laundering (FATF), an inter-governmental body , established by the G-7 Summit in Paris on July 1989. The desire to exterminate this apparently contradicts to the IMF recommendation requesting oppenes from the international financial market or currency convertibility by abolishing this approach opens the way to various ways of white washing dirty money. Several countries have pointed out the FATF that they are unable to implement the FATF 40 Recommendations to fight money laundering, because in the event that such would be implemented they would be forced to issue regulations contradictory to the wishes of the IMF on liberating the financial markets. The Basic Committee issued on December 1988 a statement on prevention of criminal use of the banking system for the purpose of money statement containing ethical principles, which should be compulsory for banks management, desiring that (1) banks applay procedures assuring that the identity of every client who deals with the banks will be properly disclosed and (2) any transaction violating the law will not be entertained by the bank in concern . The Indonesian Central Bank surely has its interest on aspect of money laundering. The first reason is that the practice of money laundering is able to reduce the trust society has towards Indonesian banking which in turn is able to disturb monetary stability which resorts under the responsibility of the indonesian central bank. The second reason is in accordance with the opinion of the Basle Committee, the bank would suffer losses, whereas volvement with the actors of money laundering. The third reason is in case many countries should have issued said law, the Indonesian Government as well as the International Banks and Government, as it would be considerded as a lack of concern towards the international global effort to exterminate said money laubdering.