| dc.description.abstract | Legal certainty in the investigation of money laundering criminal cases against connectivity cases where the perpetrators are “unscrupulous” Indonesian National Armed Forces (TNI) and civil society. Currently, there has been a Decision of the Constitutional Court of the Republic of Indonesia No. 15/PUU-XIX/2021 which provides legal certainty for Military Police Investigators (PM Investigators) to be able to investigate money laundering offenses against TNI “unscrupulous persons” who are included in the “justiabelen” scope of military justice. Previously, the ML case could not be continued considering the Elucidation of Article 74 of Law no. 8 of 2010 concerning the Prevention and Eradication of the Crime of Money Laundering which has created legal uncertainty. However, for now, a judicial review of the Elucidation of Article 74 has been carried out by the Constitutional Court of the Republic of Indonesia, which essentially states that the Elucidation of Article 74 is not legally binding.
The decision of the Constitutional Court of the Republic of Indonesia No. 15/PUU-XIX/2021 has opened up opportunities for Military Police Investigators in handling money laundering cases. However, what about the perpetrators who submit to the General Courts and participate or assist in committing the criminal acts referred to in the connectivity case, whether Military Police Investigators can also carry out their investigations, or how. This study tries to examine and analyze the core problems of this research, namely the opportunity to resolve these problems by utilizing case handling through the connectedness procedural law that has been mandated, both in the Criminal Procedure Code, as well as Law no. 31 of 1997 concerning Military Courts.
This type of research is normative juridical research, with the nature of descriptive analysis research. The approach used is the statute approach. The data comes from secondary data called sources of legal materials, in the form of Decision of the Constitutional Court of the Republic of Indonesia No. 15/PUU-XIX/2021 and the Decision of the Supreme Court of the Republic of Indonesia No. 363K/MIL/2017 which has permanent legal force. Court decisions are collected using library research and field research techniques. Field data collection tools were collected by in-depth interview method without using interview guidelines. The results of the research show that 1) The Military Court Law is a special law that can override general laws, because of the specificity of the subject matter; 2) The competence of the investigative authority carried out by Military Police Investigators in the money laundering offenses case against the investigation of connectivity cases after the issuance of the Republic of Indonesia Constitutional Court Decision No. 15/PUU-XIX/2021 can be carried out because Military Police Investigators have mandatory authority based on the law, thus providing legal certainty in law enforcement of the crime of money laundering; and 3) The application of the investigation carried out by the Military Police Investigator on the money laundering offenses case in the investigation of connectivity cases is projected in the future, the investigation of money laundering offenses alleged to have been carried out by members of the TNI can already be carried out. It is recommended to the Government of the Republic of Indonesia and the House of Representatives of the Republic of Indonesia (DPR-RI) to immediately revise Law no. 8 of 2010 to provide legal certainty in law enforcement of money laundering crimes against everyone to achieve the principle of equality before the law as mandated by Article 27 paragraph (1) of the 1945 Constitution of the Republic of Indonesia. | en_US |
