Dilema Transplantasi Standar Internasional Terkait Pencucian Uang ke dalam Beberapa Peraturan Perundang-Undangan

Abstract

The imposition of international standard in the national legal system can be done by transplantation. International Standard Transplantation on the eradication of money laundering criminal act in Indonesia was done for the first time in 2002 by enacting Law No. 15/2002 on Money Laundering Criminal Act which was amended to Law No 8/2010 on the Prevention and Eradication of Money Laundering Criminal Act (UUTPPTPPU). It was amended in 2003 because of its weak legislation so that it was difficult to be implemented and because it was insisted by the Financial Action Task Force (FATF). The imposition of law on money laundering is one of the world's international panics which state that Indonesia does not completely comply with 40 recommendations and 9 Specific recommendations from FATF as an international standard. The problems of the research were as follows: first, how about the international standard transplantation into UUTPPU in Indonesia; secondly, how about legal obstacles as the consequence of the occurrence of international standard transplantation in law on money laundering in Indonesia; thirdly, how about the policy on the criminal law of the international standard transplantation concerning money laundering. The research used judicial normative method. The result of the research showed that international standard transplantation into law on money laundering in Indonesia is not only because of the pressure from the international institutions but because there will be more effective legislation in its implementation. The conflict in law as the result of the international standard transplantation in UUTPPU in Indonesia is found in the legal culture which has been existed in Indonesia which is not in line with legal culture of the international institutions or in the countries that have the influence on the international institutions. The policy on criminal law in the international standard transplantation on money laundering in Indonesia, viewed from the penal policy aspect in the process of legal enforcement, has changed. Besides that, concerning the policy on non-penal policy to harmonize the international standard in money laundering in legal enforcement is done by upholding coordination among legal enforcement agencies in order to prove money laundering criminal act and to strengthen the regulation on money laundering in financial service provider.