Kajian Hukum Pembuktian Perkara Tindak Pidana Pencucian Uang Dalam Perkara Tindak Pidana Lingkungan

Kajian Hukum Pembuktian Perkara Tindak Pidana Pencucian Uang Dalam Perkara Tindak Pidana Lingkungan, Law of Evidence, Money Laundering Offense, Environmental Offense...

Author: TONGGO SITORUS
Date: 2024
Keywords: Law of Evidence, Money Laundering Offense, Environmental Offense
Type: Jurnal
Category: penelitian

Global environmental crime results in losses of IDR 1,540 trillion (FATF 2021). In Indonesia, the Financial Transaction Reports and Analysis Center (PPATK) records losses from illegal mining and logging reaching IDR 38 billion per day, while illegal fishing amounts to IDR 56 billion per year. The juridical issue revolves around the inequality of authority in investigating Money Laundering Crimes (TPPU), especially with Article 74 of the Anti-Money Laundering Law, which only grants authority to Civil Servant Investigators (PPNS) in the Directorate General of Taxation and Customs at the Ministry of Finance. Following Constitutional Court Decision No. 15/PUU-XIX/2021, investigative authority has been extended to all PPNS, including those from the Ministry of Environment and Forestry (KLHK), enabling them to investigate TPPU related to Environmental and Forestry Crimes. The research employs a normative legal method, examining legal principles and doctrines in TPPU events within environmental crimes. The Anti-Money Laundering Law implements a reversal of the burden of proof, where defendants must prove that their wealth is not derived from criminal activities. PPNS can request financial data from tax authorities based on Law No. 18/2013 and Law no. 8/2010. The application of additional penalties is regulated by various laws, including the Criminal Code, Environmental Law, Forest Destruction Law, Land and Water Conservation Law, and Anti-Money Laundering Law, involving judge's decisions, freezing business activities, revoking permits, dissolution, assets forfeiture for the state, and/or state takeover.

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