Rekaman Elektronik Sebagai Alat Bukti Dalam Perspektif Rezim Anti Pencucian Uang
| Main Author: | Siong, Edy |
|---|---|
| Other Authors: | Prof. Dr. Bismar Nasution, S.H., M.H, Prof. Dr. Alvi Syahrin, SH, MS, Prof. Dr. Sunarmi, S.H., M.Hum |
| Format: | Masters |
| Bahasa: | ind |
| Subjects: | |
| Online Access: |
http://repository.usu.ac.id/handle/123456789/16712 |
Daftar Isi:
- In legal practice, the use of recorder and the recording have been part of the proving process in a criminal case. The title of this thesis is “Electronic Recording as an Evidence in the Perspective of the Anti Money Laundering Regime” and if it is related to the regulation on evidence in Article 184 of the Indonesian Criminal Codes, there is no regulation on evidence except the testimony of witness, the testimony of expert, letters, leads, and the testimony of the accused. But in Article 38 of Law No.15/2002 which was amended with Law No.25/2003 on Prevention of Money Laundering, it is stated that electronic recording is the evidence in a law court. However, the use of electronic recording as the evidence in a law court is still in dispute, therefore, the testimony of expert to prove it in a law court is still needed. The research questions in this study were what regulation of legal evidence is used in criminal law in Indonesia, what regulation of legal evidence is used in money laundering criminal act, and what is the position of electronic recording as the evidence in money laundering criminal act. This study employed the normative legal research method with qualitative approach and referred to the legal norms and values found in the regulation of legislation. The primary legal materials for this study are Law No.11/2008 on Information and Electronic Transaction, Law No.36/1999 on Telecommunication, Law No.15/2002 in connection with Law No.25/2003 on Money Laundering, Law No.8/1981 on Criminal Codes. The conclusion drawn in this study is that the regulation of legal evidence in criminal law is known as negative system (negatief wettelijk bewijsleer) which must meet two absolute preconditions such as enough evidence and the judge’s confidence according to Article 183 of Indonesian Criminal Codes. The regulation of legal evidence on money laundering uses the reverse proving or to reversely prove the evidence according to Article 35 of Law on Money Laundering for the interest of the investigation in the law court, the accused needs to prove that his/her property is not obtained from any criminal act. Electronic recording has been made equal to the other five conventional evidences which used to be known in Criminal Law in which the law on money laundering decided the electronic recording as a specific evidence and is independent as meant in Article 38 of Law on Money Laundering which strongly stated that the legal evidence in the investigation of money laundering criminal act includes the evidence as meant in the Indonesian Criminal Codes and also the other evidences in the forms of information which is said, sent, received, or electronically recorded by optical equipment or of the same kind. It is suggested in this thesis that the law enforcement officers are brave to use the electronic evidence instrument because it is still uncommonly used in a law court; therefore, good law enforcement officers who understand the Law on Money Laundering well are needed. To obtain the result as expected, the principle of reverse proving system stated in the law on money laundering must also be socialized to the law enforcement officers because still many of them such as police officers, prosecutors, judge, and advocates have not known and even understood the process of reverse proving system. The government is also expected to improve the unclear stipulations stated in the law on money laundering such as the one found in Article 35 stating that the reversal of the proving through electronic recording evidence is the responsibility of the accused while in the explanation of the article it is regarded as a chance for the accused.
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