Peran Polri Sebagai Penyidik dalam Pemberantasan Tindak Pidana Pencucian Uang

Abstract

The characteristic of money laundering is different from conventional crime, and it is seen through its negative impact on either the community or nation. In Indonesia, money laundering was initially regulated under Law No.15/2002 on Money Laundering (UUTPPU) then changed into Law No.25/2003. Based on this UUTPPU, money laundering is categorized into one of the crimes either conducted by individual or corporation. The making of Law on Money Laundering portrays the strong will of the people of Indonesia to prevent and remove money laundering. Since it is a transnational crime, the effort of law upholders to prevent and remove money laundering needs an international cooperation. UUTPPU has been a strong base for the law upholders, especially the Indonesian police, to investigate the money launderer. Through the UUTPPU approach, not only the money launderer but also their wealth gained from the core crime can be physically detected that the white-collar criminals conducting the money laundering must be responsible for it because the main priority is to return or chase the money or wealth gained from the core crime. This study focuses on the role of Indonesian police as investigating officers, the process of law enforcement on money laundering, and the determination of legal subject in money laundering. This normative legal study analyzes the research problems through a legal principle approach and refers to the legal norms found in the legislation. The secondary data used in this study were obtained through library research, the primary data were obtained by interviewing respondents, and the data collected were analyzed through the qualitative method. The result of this study reveals that the authority of Indonesian police in eliminating money laundering either done by individual or corporation is doing a series of investigation by collecting evidence obtained from PPATK or directly from Financial Banking System. After a suspicious money transaction is detected, investigation changes into examination after being informed to PPATK. The examination done by the Indonesian police should be preceded by the indication of circumstantial evidence based on the examination of core crime by the law upholders with special authority provided by law, like prosecutor prosecuting criminal act of corruption. Therefore, the role of Indonesian police as investigator which is a part of criminal justice system of preventing money laundering must be based on the attempt to remove and prevent money laundering, to integrate all components of money laundering, and to coordinate the law upholders and the system of criminal judgment.