Penerapan Pidana terhadap Pelaku Tindak Pidana Pencucian Uang yang Kejahatan Asalnya Narkotika (Studi Putusan Mahkamah Agung Nomor: 1695 K/Pid.Sus/2015)

Abstract

International concerns about narcotics and money laundering gave birth to a convention called the International Legal Regime to Combat Money Laundering and moreover there is a tendency that money laundering is carried out very complicated. Money laundering is a criminal offence that are attributable with other criminal acts. Origin of the crime (predicate crime) in accordance with article two (2) paragraph one (1) Law No. 8 year 2010. After he had done the crime perpetrator then origin such criminal conduct placement (placement) for the criminal offence of money results not known that result from criminal acts. Research methods used in this research is descriptive analytic in nature, the data analysis used in the legal materials in the study will be conducted in a qualitative and comprehensive analytical data primary and secondary, this type of research is the normative legal research, collection of data used in this research is to include research libraries (Library Research). The conclusion in this thesis is that drug crime cases should be predicate crimes and cases of prevention and eradication of Money Laundering must be submitted in one indictment, because the investigation process is carried out at the same time, but consistently submitted separately by the Public Prosecutor, of course, this condition will harm the Defendant because of the tendency to violate the Human Rights of the Defendant, because it will cause difficulties for the Defendant in order to defend himself, and especially if examined and tried by a different Panel of Judges will result in imprisonment exceeding 20 (twenty years). The advice in writing this thesis is that it is expected that the Attorney General issue a Perja on Standard Operating Procedures for Public Prosecutor Indictment Procedures in non-criminal cases of money laundering with the original crime. PPATK needs to synergize with the Police, Prosecutor's Office, Corruption Eradication Commission (KPK), National Narcotics Agency (BNN), Customs, and Taxes. This synergy is needed because PPATK only provides reports on suspicious financial transactions that do not match the customer's profile to the Police and Prosecutor's Office.