Analisis Hukum terhadap Penggabungan Tindak Pidana Asal dalam Tindak Pidana Pencucian Uang (Studi Putusan Pengadilan Negeri Lubuk Pakam Nomor 1286/PID.B/2011/PN.LP)

Abstract

Money laundering is fought and declared as s criminal act because it is believed that it brings negative impact to economic and monetary system of both national and global economy. Money laundering occurs due to the ineffective use of resources and founding, for example, the practice of sterile investment in the form of property. The fond is used for the illegal and useless activities that cannot give positive contribution to economic growth. Sharp fluctuations in exchange and interest rotes ore also a negative port of the money laundering. This inflict a very serious lost to the domestic economic growth and business activities. The problems to be answer in the study were, first how criminal law on money laundry is regulated according to law no.8/2010 on prevention and eradication of money laundering?; second, how is the system used in proving the criminal act of money laundering according to law no.8/2010 and prevention eradication of money laundering?; and third, how the incorporation of predicate offences on money laundering as in the case of decision of Lubuk Pakam district court no.1286/Pid.B/201 JPN.LP was legally analyzed/ This normative legal study referred to the legal norms and principle found in the legislations and court decision and was based on the paradigm of dynamic relationship between the theories, concepts and data functioning as the feedback as the feedback or a perment modification of the theory and concept based on the collected data. The conclusion drawn in this study is that money laundering or direct money laundering is a direct action in laundering money which is categorized by law asa criminal act or an activity which is intended to launder money or to hide the result from a criminal act. Money laundering is regulated in chapter II, article 3 through article 7. The proving system can be the regulation on the kind of evidence that can be used. The evidence can be elaborated through how the evidence was used and how the judge forms his/her confidence, while the law of evidence is part of criminal law regulating the kind of evidence which is legal according to law. The suggestion is that based on the legal facts obtained the trial stating that what Lenni Damayanti Br. Manalu did as charged and prosecuted by the public prosecutor since 2005, Lubuk Pakam district court did not pay attention to article 17, 71, 75 and 95 of law no.8/2010 because in article 75 of law no.8/2010, it is clearly stated that the criminal act of money laundering done by Lenni Damayanti Br. Manalu before the enactment of law no. 8/2010 was examined and decided through law no.15/2002 on criminal act of money laundering which had been amended with law no.25/2003 on the amendment of law no.15/2002 on criminal act of money laundering that law no.8/2010 cannot be applied in this case because the criminal act of money laundering occurred in 2005 before the enactment of law no.8/2010.