Analisis Ratio Decidendi tentang Penjatuhan Pidana Pencucian Uang dengan Kejahatan Asal Penipuan (Analisis Putusan Nomor: 365/Pid.Sus/2023/PN Jkt Tim)

Abstract

The criminal offense of money laundering with fraud as a predicate crime poses a significant challenge in law enforcement due to the complex relationship between the predicate offense and its subsequent legal consequences. This study aims to examine the legal construction of money laundering in relation to fraud as a predicate offense under Indonesian legislation; to analyze the criminal liability of the perpetrator based on Decision No. 365/Pid.Sus/2023/PN Jkt Tim; and to assess the ratio decidendi of the panel of judges in imposing criminal sanctions on the defendant. This research employs a normative juridical method with statutory and case approaches. The data used are secondary data, consisting of primary, secondary, and tertiary legal materials, analyzed qualitatively. The findings indicate that fraud has been explicitly classified as a predicate crime under Article 2 paragraph (1) letter q of Law No. 8 of 2010. However, in Decision No. 365/Pid.Sus/2023/PN Jkt Tim, the defendant's criminal liability does not align with the elements of the offense stipulated in Article 3 of the same law, as there is no evidence of active conduct or intent to conceal the proceeds of crime. The judges’ ratio decidendi tends to adopt a formalistic interpretation, neglecting the principles of proportionality and substantive justice, thereby rendering the decision potentially inconsistent with the principle of legality and the maxim nulla poena sine culpa (no punishment without fault).

Keywords: Money Laundering, Predicate Crime of Fraud, Ratio Decidendi, Criminal Liability.