Peranan Otoritas Jasa Keuangan dalam Pemberantasan Tindak Pidana Pencucian Uang yang Menggunakan Bank sebagai Instrumen Kejahatan

Abstract

Crimes of money laundering have a closely relationship to banking where the assets of the predicate crime is put on the banking institutions, so the process of disguising the result of criminal could be the clean money soon. The money laundering by using banks as the legal crimes very often happen because the banks as finances institutions need some fund from the customers that will be used to be a profit, and besides that, the banks also hold the secret principles about the customer’s identity and the transactions that have been done by them. The process of money laundering at the banking institutions include the placement of the result of criminal in the shape of banking products, transfer the assets or change the form of fund through the layering, and integration. Increasing the crimes involve the banks include the money laundering that use the banks as a crime of instrument, caused of the weakness of the banking controls themselves and also from the Bank Indonesia, the progression of technology and with the sophisticated crime modus, globalization and the complexity of banking systems. The research methods are done by using the juridical norms by studying the library materials or the secondary datas. The analysis against the library materials or the secondary datas are done by qualitative datas. Since being established the Financial Services Authority, the supervision authority against the banks that as long as has been held by Bank Indonesia has been moved to the Financial Services Authority based on the Law Of The Republic Indonesia Number 21 of 2011 on Financial Services Authority. The Financial Services Authority has a function to hold the order of systems and controls integratively against all the activities on the banking services, and one of the authorities to hold the regulations and controls about the prudential aspect that include the principles of know your customer customers and anti of money laundering and prevention of terrorism financing and banking crimes. Mainly the Financial Services Authority on the banking based on the Law Of The Republic Indonesia Number 21 of 2011 include right to license, right to regulate, right to control, right to impose sanction, and also right to hold the investigations on the finances authority services sector. Being recommended to add the investigators on the Financial Services Authority and add the investigators of the Financial Services Authority as predicate crimes investigators on the Law Of The Republic Indonesia Number 8 of 2010 on the The prevention and eradicating the money laundering.