THE PROBLEM OF CASH COURIER UNDER ANTI MONEY LAUNDERING REGIME AND ITS EFFORT TO CUT ECONOMIC CRIME
Publication Date : 31/10/2016
The regulation of cash courier in Law on Money Laundering in Indonesia is explicitly mentioned in the Article 34, 35, and 36, without further explanation on how to implementing it in practice. As it is known, the problem of cash courier is not only dealing with the work of money laundering law, but also customs law. There is still unclear distinction between the implementation of cash courier and cash smuggling, in especially relate with the money laundering implementation. Under the law of customs and the law of money laundering, there is unclear process whether it is proceeds with law of customs or law of money laundering. This paper will assess how can the elaboration between law of anti-money laundering and law of customs work together to solve the handicap problem of the duties of customs and PPATK, and seek solution whether customs information networking will strengthen the way to combat money laundering as a part of an economic crime. This legal research is a qualitative research that based on inductive way of thinking through hermeneutic interpretation in order to get a theory and then conducting analysis process to solve the problem comes dealing with issue of Cash and Barier Negotiable Instruments (BNI) carrier, the loopholes to proceeds with the characteristic of money laundering, and the idea to request the customs to be united to work on hadling problem of money laundering through cross border cash courier. In the end, this paper will assess how the laws can be optimized to handle cash courier problem regarding with money laundering, and regarding with ASEAN Economic Community issue to strengthen the Customs Union Security.
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