Three Types of the Criminal Action of Money Laundering You Should Know

 In Pidana

In Law Number 8 of 2010 on Countermeasure and Eradication of Money Laundering (Law on Money Laundering), the criminal actions of money laundering are classified into three provisions:

  1. The Criminal Action of Money Laundering regulated in Article 3:
  2. Anyone who places, transfers, forwards, spends, pays, grants, deposits, takes to the abroad, changes the form, changes to the currency or securities or other actions towards the Assets of which are recognized or of which are reasonably alleged as the result of criminal action, as set in Article 2 paragraph (1) of this Law with the purpose to hide or to disguise the origin of Assets, shall be subject to be sentenced due to the criminal action of Money Laundering with the imprisonment for no longer than 20 (twenty) years and fine for no more than Rp10.000.000.000,00 (ten billion rupiah).

    A case in point is the purchase of Garuda Indonesia National Airline shares by Muhammad Nazaruddin, whose share purchase is done only for companies with high priced share. He did the purchase to store his money into a more secured system, with a purpose to double his profit. This action is deemed as Money Laundering.

    As cited on Article 3, Nazaruddin had placed, transferred, forwarded, spent, paid, granted, deposited, took to the abroad, changed the form, changed to the currency or securities or other actions towards the Assets of which are recognized or of which are reasonably alleged as the result of criminal action (in this case, he had spent his Assets to buy the shares of Garuda Indonesia). Hence, he would be sentenced with the imprisonment for no longer than 20 years and fine for no more than Rp10.000.000.000,00.

  3. The Criminal Action of Money Laundering regulated in Article 4:
  4. Anyone who hides or disguises the origin, source, location, purpose, transfer of right or the truly ownership of the Assets that are known by him/her or of which are reasonably alleged as the result of criminal action, as set forth in Article 2 paragraph (1) of this Law, shall be subject to be sentenced due to the criminal action of Money Laundering with the imprisonment for no longer than 20 (twenty) years and fine for no more than Rp500.000.000.000, 00 (five hundred billion rupiah).

    For example, Ms. X, who worked as a bank employee, disguised his Asset. In this case, Ms. X had committed a criminal action of embezzling her client funds by transferring the funds to her saving account, and so on. Moreover, the funds had been transferred to her siblings, mother, and her husband account. The funds are also used to purchase goods such as apartments and cars. For her action, Ms. X had disguised the origin or source of the embezzled funds.

  5. The Criminal Action of Money Laundering regulated in Article 5:
  6. Anyone who accepts or who takes the control on placement, transfer, payment, grant, deposit, exchange, or utilizes the Assets of which are known by him/her or of which are reasonably alleged as the result of the criminal action, as set forth in Article 2 paragraph (1) of this Law, shall be subject to be sentenced with the imprisonment for no longer than 5 (five) years and fine for no more than Rp1.000.000.000, 00 (one billion rupiah).

    Continuing from the case example mentioned in point 2, her siblings, mother, and her husband who had accepted the transferred funds from X and utilized the funds to purchase goods such as apartments and cars, are also subjected to Article 5 of Law on Money Laundering, because they had accepted the funds which are reasonably alleged as the result of the criminal action.

BP Lawyers can assist you
We can assist you in providing the best solution to your problems or disputes related to money laundering or other crimes.

If you would like to consult with us, please contact:
E: ask@bplawyers.co.id
H: +62821 1000 4741

Author :

Rahmi Uzier, S.H.

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