The Countermeasure Of Criminal Act Of Terrorism Financing Through Money Laundering
)
(1) Faculty of Law, University of Jember, Jember, Indonesia
Corresponding Author
Abstract
The changes in the global economy have given a benefit to the criminals. They are taking advantage by increasing the flow of goods, money, and people across the world. This reality develops into various threats to national and global interests. One of them is related to terrorism financing and money laundering, which become immortal issues that are needed prevention by cutting the chain of terrorism financing loop through money laundering. In this regard, the FATF has issued the IX Special Recommendations related to funding for terrorism and has been incorporated in the FATF Forty Recommendations on money laundering as a basic framework to find, prevent and eradicate terrorism financing and terrorist acts in general.
These particular recommendations have been implemented in the Law of the Republic of Indonesia Number 8 the Year 2010 Regarding Countermeasures and Eradication of Money Laundering. Furthermore, specifically regarding terrorism funding is regulated in Law Number 9 of 2013, which is the right step for Indonesia in participating in fighting terrorist groups and their financing.
Therefore, bank and non-bank financial institutions must be aware of the possibility of these institutions being used as a place of money laundering to finance terrorist activities by applying the principles of Know your customer and the regulations of knowing the users.
Keywords
DOI
10.47268/palau.v6i2.949
Published
2022-03-31
How To Cite
@article{PALAU949,
author = {M Amrullah},
title = {The Countermeasure Of Criminal Act Of Terrorism Financing Through Money Laundering},
journal = {Pattimura Law Journal},
volume = {6},
number = {2},
year = {2022},
keywords = {the countermeasure of the criminal act; terrorism financing; money laundering},
abstract = {The changes in the global economy have given a benefit to the criminals. They are taking advantage by increasing the flow of goods, money, and people across the world. This reality develops into various threats to national and global interests. One of them is related to terrorism financing and money laundering, which become immortal issues that are needed prevention by cutting the chain of terrorism financing loop through money laundering. In this regard, the FATF has issued the IX Special Recommendations related to funding for terrorism and has been incorporated in the FATF Forty Recommendations on money laundering as a basic framework to find, prevent and eradicate terrorism financing and terrorist acts in general.These particular recommendations have been implemented in the Law of the Republic of Indonesia Number 8 the Year 2010 Regarding Countermeasures and Eradication of Money Laundering. Furthermore, specifically regarding terrorism funding is regulated in Law Number 9 of 2013, which is the right step for Indonesia in participating in fighting terrorist groups and their financing.Therefore, bank and non-bank financial institutions must be aware of the possibility of these institutions being used as a place of money laundering to finance terrorist activities by applying the principles of Know your customer and the regulations of knowing the users.},
issn = {2527-7316}, pages = {49--68} doi = {10.47268/palau.v6i2.949},
url = {https://fhukum.unpatti.ac.id/jurnal/palau/article/view/949}
}
[1] FATF Guidance Anti-money Laundering and Terrorist Financing Measures and Financial Inclusion, June 2011.
[2] FATF on Money Laundering, Combating the Abuse of Non-Profit Organisations, International Best Practices, October 11, 2002.
[3] PPATK, Ikhtisar Ketentuan Pencegahan dan Pemberantasan Tindak Pidana Pencucian Uang, Jakarta, The Indonesia Netherlands National Legal Reform Program (NLRP), 2010.
[4] Peraturan Bank Indonesia Nomor 3/10/PBI/2001 tentang Penerapan Prinsip Mengenal Nasabah (Know Your Customer Principles), Lembaran Negara Tahun 2001 Nomor 78.
[5] Pengawasan NPO Belum Memadai, Rawan Pencucian Uang, http://www.ppatk.go.id/pages/detail/43/11311
[6] Undang-Undang No. 9 Tahun 1961 tentang Pengumpulan Uang dan Barang, Lembaran Negara Tahun 1961 Nomor 214.
[7] Undang-Undang No. 6 Tahun 2006 tentang Pengesahan International Convention for the Suppression of the Financing of Terrorism, 1999, lembaran Negara Tahun 2006 Nomor 29.
[8] Undang-Undang No. 8 Tahun 2010, Lembaran Negara Tahun 2010 Nomor 122
[9] Undang-Undang No. 3 Tahun 2011 tentang Transfer Dana, tanggal 23 Maret 2011, Lembaran Negara Tahun 2011 Nomor 39.
[10] Undang-Undang No. 9 Tahun 2013, Lembaran Negara Tahun 2013 Nomor 50. Peraturan Otoritas Jasa Keuangan Nomor 12/POJK.01/2017, Lembaran Negara Republik Indonesia Tahun 2017 Nomor 57.
[11] Sudarto, Hukum dan Hukum Pidana, Bandung, Alumni, 1983.
[12] Indonesian Financial Transaction Reports and Analysis Center/INTRAC) is a government agency of Indonesia responsible for financial intelligence. The agency is formed in 2002 to counter suspected money laundering and provide information on terrorist financing.
[13] UNODC, The Globalization of Crime, a Transnational Organized Crime Threat Assessment, Vienna, 2010.
[14] The Financial Action Task Force (FATF) is an independent inter-governmental body that develops and promotes policies to protect the global financial system against money laundering, terrorist financing, and the financing of proliferation of weapons of mass destruction. The FATF Recommendations are recognized as the international anti-money laundering (AML) and counter-terrorist financing (CFT) standard. http://www.ppatk.go.id
[15] United Nations Economic and Social Council, Problems and Dangers Posed by Organized Transnational Crime in the Various Regions of the World, World Ministerial Conference on Organized Transnational Crime, Naples, 21-23 November 1994.
[16] Leonard Weinberg & William L. Eubank, What Is Terrorism, University of Nevada, Reno, Chelsea House Publishers.
[17] Mengenang Tragedi Bom Bali 2002, http://dunia.vivanews.com/news/read/2291-mengenang_tragedi_bom_bali_2002, diakses 19 Juli 2011
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| Dublin Core | PKP Metadata Items | Metadata for this Document | |
| 1. | Title | Title of document | The Countermeasure Of Criminal Act Of Terrorism Financing Through Money Laundering |
| 2. | Creator | Author's name, affiliation, country | M Arief Amrullah; Faculty of Law, University of Jember, Jember; Indonesia |
| 3. | Subject | Discipline(s) | |
| 3. | Subject | Keyword(s) | the countermeasure of the criminal act; terrorism financing; money laundering |
| 4. | Description | Abstract | The changes in the global economy have given a benefit to the criminals. They are taking advantage by increasing the flow of goods, money, and people across the world. This reality develops into various threats to national and global interests. One of them is related to terrorism financing and money laundering, which become immortal issues that are needed prevention by cutting the chain of terrorism financing loop through money laundering. In this regard, the FATF has issued the IX Special Recommendations related to funding for terrorism and has been incorporated in the FATF Forty Recommendations on money laundering as a basic framework to find, prevent and eradicate terrorism financing and terrorist acts in general.These particular recommendations have been implemented in the Law of the Republic of Indonesia Number 8 the Year 2010 Regarding Countermeasures and Eradication of Money Laundering. Furthermore, specifically regarding terrorism funding is regulated in Law Number 9 of 2013, which is the right step for Indonesia in participating in fighting terrorist groups and their financing.Therefore, bank and non-bank financial institutions must be aware of the possibility of these institutions being used as a place of money laundering to finance terrorist activities by applying the principles of Know your customer and the regulations of knowing the users. |
| 5. | Publisher | Organizing agency, location | Faculty of Law, Pattimura University |
| 6. | Contributor | Sponsor(s) | |
| 7. | Date | (YYYY-MM-DD) | 2022-03-31 |
| 8. | Type | Status & genre | Peer-reviewed Article |
| 8. | Type | Type | |
| 9. | Format | File format | |
| 10. | Identifier | Uniform Resource Identifier | https://fhukum.unpatti.ac.id/jurnal/palau/article/view/949 |
| 10. | Identifier | Digital Object Identifier | 10.47268/palau.v6i2.949 |
| 11. | Source | Title; vol., no. (year) | Pattimura Law Journal; VOLUME 6 ISSUE 2, MARCH 2022 |
| 12. | Language | English=en | en |
| 14. | Coverage | Geo-spatial location, chronological period, research sample (gender, age, etc.) | |
| 15. | Rights | Copyright and permissions | Copyright: Authors who publish their manuscripts in this Journal agree to the following conditions:
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