CHAPTER II RESEARCH METHODOLOGY
3.5 Law Enforcement Agencies
3.5.3 Corruption Eradication Commission (CEC)
4. Domestic and International Cooperation
The Attorney General's Office has conducted domestic and foreign cooperation concerning money laundering and other Crime, including:
a. Submission for the Utilization of Illegal Fishing Boats from the Indonesian Prosecutor's Office to Ministry of Maritime Affairs and Fisheries of the Republic of Indonesia on October 12, 2020.
b. Delivery of the Ship from the Attorney General's Office to the Marine and Fisheries Service of Bitung City on January 31, 2020.
c. Initiation of Cooperation in the Utilization of Confiscated Ships for Educational Purposes in the form of a Foreign Fishing Vessel (KIA) grant to the Fisheries Campus owned by Ministry of Maritime Affairs and Fisheries of the Republic of Indonesia.
d. In relation to international cooperation, the Asset Recovery Center has established international work including with FATF, Camden Asset Recovery Network (CARIN), International Conference on Assets Proceeds from Crime [The National Police Coordination Center (NPoCC)], Counter Terrorism Financing (CTF) Summit and comparative study with the Department of Justice (DOJ).
1. Regulations and Policies
Corruption Eradication Commission in carrying out its duties as a law enforcement agency authorized to handle money laundering cases has established several regulations and policies for the AML-CFT program, including:
a. Determination of the CEC's Strategic Targets in optimizing the recovery mechanism and asset management resulting from criminal acts of corruption as measured by the percentage of asset recovery.
b. Circular Letter of the Chairman of Corruption Eradication Commission Number 4 of 2020 concerning the General Policy Direction of the CEC in 2020.
c. Issuance of SOP for Internal Enforcement at CEC.
2. Achievement of Success
Corruption Eradication Commission in carrying out its duties as a law enforcement agency has resulted in several successful achievements in handling money laundering cases, including:
a. The realization of asset recovery achievement in 2020 reached 61.2 percent.
Measurement of asset recovery is carried out based on the realization of PNBP originating from replacement money/ looted goods/ fines compared to the accumulated value (replacement money, fines and spoils) of fines based on the value of decisions (fines, replacement money and spoils) which have obtained permanent legal force after being received completely.
b. During the 2020 period, CEC has carried out executions through determining the status of use and grants, refunding state losses that have been carried out amounting to IDR293.9 billion through the mechanism of fines, compensation and looting of IDR billion.
c. Realization of Money Laundering detection reports through information and data as case feeding for prosecution as well as information and data for prevention efforts through system improvements as material for preparing studies.
d. Achievement of supervision on improving the status of handling cases of money laundering resulting from corruption with the Police in oil and gas corruption cases.
3. ML Risk Mitigation Efforts for period 2016-2020
Corruption Eradication Commission has taken steps to mitigate the risk of money laundering, including:
a. Preparation of Sector Money Laundering Risk Assessment (SRA) for Corruption Crime in 2017 with the Indonesian Police and the Indonesian Attorney General's Office.
b. Strengthening Implementation of data and information exchange concerning Beneficial Ownership (BO), Politically Exposed Persons (PEPs).
c. Improved compliance of state administrators with reporting on State Administrators Wealth Reports (LHKPN).
d. Optimizing the mechanism for recovering and managing assets resulting from corruption and money laundering.
e. Increasing prevention efforts and anti-corruption education.
f. Increasing the effectiveness of CEC's supervision of related agencies.
g. Strengthening the capacity of HR investigators through training programs, manuals, e- learning modules.
4. Domestic Cooperation
Corruption Eradication Commission has carried out domestic cooperation related to money laundering, including:
a. Joint commitment with 12 Ministries and Institutions related to the Capacity Building Program and Coordination of Law Enforcement in the Natural Resources Sector.
b. Making National Movement to Save Natural Resources Program (GN-PSDA).
c. Increasing cooperation through memorandum of understanding with national strategic partners, including law enforcement agencies, regulators, academics, and other stakeholders.
d. CEC together with Directorate General of Taxes conducted a study related to optimizing the return of state losses by imposing taxes on corruption cases.
5. International Cooperation
Corruption Eradication Commission has conducted foreign cooperation related to money laundering, including:
a. Commitment to fulfill Implementation of the United Nations Convention Against Corruption (UNCAC) and the G-20 Anti-Corruption Working Group.
b. The contribution of the CEC in the APEC Anti-Corruption and Transparency Working Group forum.
c. The contribution of the CEC in the Southeast Asia Parties Against Corruption (SEA PAC) forum.
d. Preparation of the E-learning Module Technical Guidelines for Handling Money Laundering and Asset Recovery in the Capital Market in collaboration with the Australia Department of Home Affairs and the Australia Indonesia Partnership of Justice (AIPJ).
e. Corruption Eradication Commission together with the Australian Department of Home Affairs compiled the book "Understanding the Typology of Money Laundering and How to Handle it" based on 19 (nineteen) Money Launderings cases handled by Corruption Eradication Commission which have permanent legal force and best practice from
f. Request for assistance from central authorities to obtain Mutual Legal Assistance (MLA) from the jurisdictions of Singapore, UK, Australia, and France.
g. The CEC provides legal assistance to Thailand.
h. Requests for assistance through inter-agency (non-MLA) mechanisms abroad, including:
CPIB Singapore, FBI US, NACC Thailand, MACC Malaysia, NCA China, ICAC Hong Kong, IACCC UK, Nazaha Saudi Arabia, AGD Australia.