CHAPTER II RESEARCH METHODOLOGY
3.6 Types of Money Laundering and Criminalization of Money Laundering
Money Laundering is an attempt to hide or disguise the origin of Assets resulting from criminal acts so that the Assets appear as if they originate from legitimate or legal activities. In general, perpetrators of Money Launderings try to hide or disguise the origin of assets resulting from criminal acts in many ways to avoid or be difficult to trace by law enforcement authorities. The following is a description of the types of Money Launderings based on Money Laundering Law, as follows:
3.6.1 Self-Laundering
It is an act of money laundering which is carried out directly by the perpetrator of the predicate crime. The criminalization of money laundering is regulated in Article 3 of Money Laundering Law. Based on court decisions that have permanent legal force for period 2016 to 2020, there
10 Directory of Supreme Court Decisions can be accessed on the following page:
https://putusan3.mahkamahagung.go.id/
were 81.55 percent or as many as 274 of the 336 decisions on money laundering that were imposed as self-laundering actors (Article 3 of Money Laundering Law).
Case Study of Self-Laundering in Indonesia Decision Number 53/Pid.Sus/Tpk/2017/PN.Sby
Bambang Irianto (BI) as the State Administrator or PEP was proven legally and convincingly to have committed the act of “placing, transferring, transferring, spending, paying, granting, entrusting, bringing abroad, changing forms, exchanging with currency or securities or other actions on Assets which he knows or reasonably suspects are the proceeds of criminal acts of corruption and gratification in the amount of IDR59,787,042,412.” The efforts to hide or disguise the results of corruption Crime committed by BI are as follows:
1. Opening 10 bank accounts (savings and time deposits) in the name of BI;
2. Exchange to foreign currencies in the amount of SAR 3,891 Riyal, USD 2,100 United States Dollars and SGD 77,350 Singapore Dollars;
3. Purchasing assets in the form of 4 Motor Vehicles, 9 Property Sector (Land and Buildings) using the names of other people or family members) children and wives);
4. Purchasing Heavy Equipment using someone else's name;
5. Purchasing assets without ownership names such as Gold Bars;
6. Purchasing 15,348,713 shares in the name of the corporation PT Mitra Anggun Keluarga Bersama, where the source of funds was from book-entry from a deposit account in the name of BI; and
7. Use of Cash Financial Transactions.
3.6.2 Stand Alone Money Laundering
It is a money laundering act that is suspected, prosecuted, or decided separately without the
is carried out in a separate file with the handling of the predicate crime) because (a) When there is not enough evidence against the predicate crime certain assets that produce assets resulting from crime; or (b) there is a lack or difficulty of access to the territorial jurisdiction of the predicate offense.11
Case Study of Stand-Alone Money Laundering in Indonesia Decision Number 929/Pid.B/2016/PN. Btm
Tommy Andika Janur who at that time was in Malaysia to visit his friend. In the meeting, Tommy Andika Janur was introduced to someone named Wijaya Kumar. At that time, Wijaya Kumar then asked for help so that he could borrow an account in the name of the company, the plan was that the account in the name of the company would be used to receive remittances from abroad. Tommy Andika Janur then agreed to the request and handed over an account in the name of CV Janur Unity in Indonesia. On February 23, 2016, Tommy Andika received a call from Wijaya Kumar that there was an incoming money of IDR 8,091,000,000 (eight billion ninety one million rupiah). Based on development of the case carried out by the Investigators, Funds worth IDR 8,091,000,000 (eight billion ninety-one million rupiahs) allegedly belonged to Lubtritade Trading Pte Ltd which should have been transferred to an account belonging to PT Fantastik International but due to indications of Business E-mail Compromise (BEC), money was transferred to CV Djanur Unity's account in Indonesia.
In the aquo case, the facts revealed in court did not contain facts that explicitly stated that there was affiliation between the perpetrators of the Business E-mail Compromise (BEC), against Lubtritade Trading Pte Ltd and the Accused Tommy Andika Janur. In the a quo case, the Accused Tommy Andika Janur was found guilty of committing a criminal act as regulated in the provisions of Article 5 of Money Laundering Law for his act of receiving or
11 The FATF Methodology. Updated February 2019. Pg. 113.
controlling assets which he knew or reasonably suspected was the result of a criminal act. In this case, the party suspected of being the perpetrator of the predicate crime has the status of a DPO and his whereabouts are unknown, so that no prosecution is carried out for the criminal act in this case.
3.6.3 Third Party Money Laundering
This money laundering act is money laundering carried out by parties who are not directly involved in the predicate crime. The criminalization of money laundering is regulated in Article 4 (especially for professional Money Laundering perpetrator) and Article 5 of Money Laundering Law. The following is the application of law in criminalizing Third Party Money Laundering perpetrators based on court decisions that have permanent legal force for period 2016 to 2020 as many as 18.45 percent or as many as sixty-two of the 336 decisions on money laundering offences. Most Third-Party Money Laundering perpetrators who have been sentenced by the Court during period 2016 - 2020 has links with predicate Crime of narcotics, corruption, fraud and embezzlement, and transfers of funds.
Figure 11 Law Applications for Third Party Money Laundering perpetrator
Case Study of Third-Party Money Laundering in Indonesia Decision Number 25/Pid.Sus-TPK/2019/PN.Dps
I Nengah Nata Wisnaya (NAW) is the cousin of the convict I Wayan Chandra (as PEP and Convict of corruption and ML) works as a driver at a travel company PT Jans Tour & Travel, then on the recommendation of IWC to become a shareholder and commissioner in the company PT. Bali Perkasa International (BPI). However, the authorization in managing the company is carried out by the IWC convict as evidenced by a power of attorney for checking accounts and company checks (PT BPI). Meanwhile, there are money deposit transactions that are not financial transactions related to the business of PT Bali Perkasa Internasional amounting to IDR11 billion. The income received by NAW as a commissioner at PT Bali Perkasa Internasional is IDR 1-4 million.
That it is true that NAW consciously and knowingly agreed to use his name in the name of 4 (four) parcels of land owned by the IWC convict by providing a photocopy of the Identity Card (ID Card) for processing of the deed of sale and purchase of land. For this act, NAW as another person or third-party money laundering has received or controlled the placement of assets which are the result of a crime of corruption in which the beneficial owner is a convict of IWC.
For this act, NAW was legally and convincingly proven to have committed the act of
"receiving safekeeping, assets which he knows, or reasonably suspects are the result of a criminal act of corruption" as regulated in Article 5 of Money Laundering Law.
3.7 Landscape of Money Laundering Risk Assessment in Indonesia for Period 2015-2020