Published on International Journal of Law
Publication Date: June 10, 2019
Roni Sutaryo, Muklish Pramono, Sigit Nursamsudin & Dedy Yusuf
Darma Persada University, East Jakarta
Ibnu Chaldun University, East Jakarta
Esa Unggul University, West Jakarta
Sahid University, South Jakarta
Journal Full Text PDF: Effect of Preventing and Combating Crime of Money Laundering.
Law has a very important role in people’s lives. The seriousness of the government to the development of the field of law as a tool for social engineering one of which can be seen through made law on combating money laundering. Money laundering is not new in the world of law, but in Indonesia it is only regarded as a serious crime is made law in 2002. The government’s efforts in eradicating money laundering is not merely made of Law No. 15 of 2002 on Money Laundering, but the government make improvements to the Act through the changes by Act No. 25 of 2003. But the changes through Act No. 25 of 2003 did not last long, because efforts to combat money laundering more seriously by the government by creating a new legal basis which replaces the old law that made the Act No. 8 of 2010. As a legal practitioner author quite concerned with the conflicts that occurred in Law No. 8 of 2010 Concerning the Prevention and Combating of Money Laundering. In this paper the authors would like to recommend for changes to the legislation, in particular that Article 69 of Law No. 8 of 2010 Concerning the Prevention and Combating of Money Laundering should be changed or eliminated altogether, so that the purpose of the creation of a law that includes fairness, expediency and legal certainty is achieved and impact on the community social change.
Keywords: Prevention, Combating, Money Laundering, Law & Social Change.
Human beings are naturally free, equal and independent, no one other man who can remove the right of a person without the consent of the person concerned, except through the hands of power. With the freedom of a person concerned can communicate and join with others to form a community. Therefore the value of freedom so highly coveted by the people, in fact when freedom is restricted by the other party then there will be a feeling of revolt to break away from the restrictions they experienced.
As social beings human tendency is to live in a group or community that is commonly referred to as a society. Instinctively man also wanted to rule over other human would cause friction-friction or even conflict commonly also known as social conflict.
The more advanced the civilization that built man, the more complex laws governing the civilization that built it, this is because all aspects of human life will be controlled by a device whose name these laws, as an example of how much the Act made by our government in the effort arrange the good life in the nation.
Human society, however simple, always requires juggling with setting behavior in the community, the compliance and enforcement can not be entirely left to the free will of each (Ibi societas ibi ius). Because it is in society itself arises social control system (Social control) on the behavior of their peoples.
According to the above opinion is very clear that any small community of a man living in a society needed a law to regulate people’s behavior, because human nature can not require a clear rule to restrict the free will of every human being itself. Thus, in managing the social life of law is indispensable due to reach an intrinsic regularity needed a regulation to curb the fundamental properties of the human being.
The desire to apply good of their fellow human beings leads to an association between the person based on the principles of national and moral but the same will encourage people to also create a rule to live together in accordance with the moral principles. This is done by establishing a system of norms must be adhered persons including a specific community.
The desire to regulate life produces three types of norms, while the three kinds of norms are:
a. Moral norm that requires each person inwardly.
b. Societal norms, or the norms that regulate social manners in general
c. The norms that regulate living together in general by specifying the rights and obligations. This is hereinafter referred to legal norms.
Law plays a very important in regulating and maintaining the stability of the social life of the community, because it can be believed that the absence of an arrangement that is clear and unequivocal undoubtedly there will be chaos prolonged in a society, where the existence of such legislation is needed to minimize the potential conflict which may arise at any time since the occurrence of conflicts of interest between each other.
A good law in addition to the right (formal) so surely and fair (in terms of side), assertive and neutral so as to create a sense of justice, harmony and common good of the society which is the goal of the law itself. A good law is the true law, firm, neutral and fair so that it has validity (validity) binding, obliging and enforceable. Or common law enforcement we are familiar with the terms of law enforcement in the community tend to be more convenient and acceptable if the rule of law to be applied can be regarded as good law.
A good law should be able to be an instrument of social engineering that can create or change of circumstances is not good or less good into better circumstances, so that more people will increasingly feel the benefits of the law. So that what is meant by the term law is a tool of social engineering is not just a theory, as written by Roscoe Pound.
As quoted by Ahcmad Ali, Hart distinguishes two types of law, that is the type of primary rules and secondary rules types. The primary rule emphasizes the obligations, which through this primary rule of man is required to do something or not do something. The basic idea is some norm, directly related so that people behave as a primary way, in the sense that they specify how it should behave in particular and how should they behave in particular.
A good law conditions the creation and implementation of legal regulations in accordance with human dignity. By complying with the law is good, one’s freedom is not lost and therefore dignity as human beings is not damaged. On the contrary, blind obedience to the corrupt power. By complying with the law is good, someone realize the sublime dignity, because he understood what the compliance and by selecting either complying with the law he is free.
It would be very strange to if a life of community groups that interact between each other, but there are no rules or standards which govern how the value of each individual as part of a community group that interact with each other.
Can we imagine how messed up an order of life that we wake up if there are no rules or standards governing the value of interaction patterns in which we live, because no rules governing which acts are permissible and which actions are not allowed or prohibited. Since the purpose of the prohibition of an act done is to maintain the integrity or stability of a society in conducting social interaction among each other.
In today’s modern life community groups we can call a a State, whereas the rules or standards that govern how the value of each member of the group interact among each other can be called the law. So the existence of the law can not be separated from their community or country.
Therefore the government is trying to create social change in society is an attempt to maintain the stability of the state, both the stability of the economic and political stability, through the creation of legal rules to reach apesk-aspects of community life. Because of the stability of a country will be directly proportional to the nation’s progress, both in terms of economic, legal, cultural and socio-political terms.
We can see immediately how the countries hit by conflict may undertake the construction, due to absence of the State guarantee state stability, Suryah example, Libya, Somalia and countries in the African continent in general.
As an attempt was made by the government in addition to infrastructure development, economic development, human resource development, the government is also doing development in the field of law with the goal of peace in order to create a life with arranged on the rights and obligations of each.
The function of modern law which does not simply record the return patterns of behavior found in the community, but rather sought to become a means of channeling such policies means creating new circumstances or change something that already exists.
The seriousness of the government to the development of the field of law as a tool for social engineering one of which can be seen through made law on combating money laundering. Money laundering is not new in the world of law, but in Indonesia it is only regarded as a serious crime is made law in 2002.
The government’s efforts in eradicating money laundering is not merely made of Law No. 15 of 2002 on Money Laundering, but the government make improvements to the Act through the changes by Act No. 25 of 2003. But the changes through Act No. 25 of 2003 did not last long, because efforts to combat money laundering more seriously by the government by creating a new legal basis which replaces the old law that made the Act No. 8 of 2010 Concerning the Prevention and Combating of Money Laundering.
Furthermore, from the above description, the author tries to analyze the effect of the enactment of Law No. 8 of 2010 Concerning the Prevention and Combating of Money Laundering in Indonesia, which is expected to be able to become one of the tools of social engineering or commonly referred to as the law is a tool of social engineering. To the authors make the problems relating to the role of law in the Prevention and Combating Money Laundering in Indonesia as follows:
a. How is the implementation of the legal provisions in Article 69 of Law No. 8 of 2010 Concerning the Law on Prevention and Eradication of Money Laundering in Indonesia?
b. How Impact of the enactment of Law No. 8 of 2010 Concerning the Law on Prevention and Eradication of Money Laundering in Indonesia?
The times always go hand in hand with the development of science supported by the birth of router generation that is able to renew the findings made by the previous inavator-innovators. Likewise, the criminal world or the world of criminal with various modus operandi is able to follow the development of science and public life in general, even less so in the world of crime became a pioneer of a variety of knowledge, but not so with the legal world that is expected to be a regulator of stability in the system social life. Legal world has always lagged follow the development of community life, it causes a lot of patterns or modus operandi of the criminal world who can not be reached by legal rules that already exist.
Because of the many highlights and international pressure on Indonesia, which eventually forced Indonesia to make laws on money laundering. This law should be able to inhibit the rate of increase in crimes that generate wealth in large quantities.
Under the existing Act, the new Money Laundering recognition or settings in Indonesian criminal justice system through Act No. 15 of 2002 on Money Laundering, although the Act does not last long, because soon after the promulgation by direct Government to amend the Act melalaui Act No. 25 of 2003.
3. FRAMEWORK THEORY
Legal notions that there is lifted from the everyday sense and some are created specifically as a technical sense. Sale, abuse, compensation and the like, are notions of law is lifted from the everyday sense.
Law regulates social relationships between people. However, not all human actions that gain settings. Only an act or behavior which are classified as legal acts only concerns.
In general, the purpose of the creation of the law is to maintain order and peace in society, because we can imagine how chaotic life unless there is a rule of general application that is capable of binding between members of the community to obey these rules in order for the creation of order.
But in its application in society, the law often does not correspond with what is aspired to it. This is influenced by several things that can be inhibiting factors of the validity of the law itself, so that the benefits of the existence of the law itself can not be perceived by the general public.
Factors that may affect the legal function in society, namely:
a. Rule of law / regulation itself;
b. Doorman / law enforcement;
c. Means or facilities used by law enforcement;
d. Citizen’s awareness.
Rule of law is a rule or guideline neighbor what should or should do. In essence, the rule of law is the formulation of opinions or views on how it should or should somebody behave. As a general guideline the rule of law and passive.
Some people refer to it in terms of the substance of the law, but the authors have called the rule of law. The material of a legal rule in the form of product legislation is a factor that is important enough to be considered in law enforcement, without material or legal rules both from a regulatory seemed very difficult for law enforcement officials to enforce the legislation as well too, and things the very determined or influenced when the process of drafting a legislation done.
Speaking about the legislators or legislators we have in Senayan, of course we talk about the quality of thinking of the representatives who sit in the parliament. If to look at the quality of the legislators there are disenayan parameters that we use are the laws they make, the authors assess the general quality of our elected representatives have not qualified to create a rule of law that can last a long time in terms of implementation. As an analysis we can see how many laws which have not reached the age of 5 (five) years but must be changed or replaced with new legislation because it turns out the law is not in accordance with the times and technology.
According to Jeremy Bentham and legal purposes a form of justice is to achieve the greatest happiness of the greatest number (the greatest possible happiness for the greatest number of people).
Interest according to Bentham’s law is to result in happiness for the people. To that legislation should seek to achieve four objectives, namely:
a. To provide subsistence (To provide for life)
b. to abundance (To give the food was plentiful)
c. To provide security (For protection)
d. To ATTAIN equity (To achieve equality)
The purpose of the law is to fulfill the law of existence. Law on humans aims to make people know about his ignorance, that he was there for the sake of its existence, the man berkemanusian coupled with life on life to distinguish or equate dualism that one, that their incorporation, ie, between knowing and not knowing, in ideas and materials translated by his reason, the idea or the material itself was originally there and attitudes contained in acts which is a fusion between ideas and matter, between the soul to the physical, which seemed to be humanitarian and hand in hand with life.
According to G. Radbruch, indie Rechtswissenschaft Einführung, Stuttgart, 1961 stating that something made certainly have a dream or goal. So dibuatpun law no purpose. This objective is to be realized human values. The main aim of the law are three::
a. Justice for balance
b. Certainty as to the accuracy
c. Expediency for happiness
Law emerged as the implications of an essence that offers a solution to the collective dispute in society, therefore the necessary legal base for resolving the conflict and enmity.
The purpose of establishing the law itself can not be separated from the purpose of the State, the purpose of this country can be seen in the preamble of the 1945 Constitution which states that its purpose is to protect the entire Indonesian nation and the entire homeland of Indonesia and to promote the general welfare, educating the nation, and participate in implementing world order based on freedom, lasting peace and social justice.
Politics will determine the jurisdiction of a State of law objectives to be achieved by that State. Legal politics is defined as the policy direction of the law (legal policy) should serve as guidelines to build or to uphold the legal system as desired.
Legal development should be aimed at ending the unjust social order and repress human rights. Politics so that law must be oriented to the ideals of rule of law based on the principles of democracy and justice in a society united nation of Indonesia as stated in the preamble of the 1945 Constitution.
If the law is defined as a “tool” to achieve the ideals and goals, legal politics is defined as the direction that should be taken in making and law enforcement in order to achieve the ideals and goals of the nation. In other words, the politics of law is an attempt to make the law as the process of achieving goals and objectives.