THE PRINCIPLE OF MONEY LAUNDERING INVESTIGATORS OF POLDA METRO JAYA IN DETERMINING PASSIVE MONEY LAUNDERING

Abstract

Money laundering is transactional organized crime that impact negatively for global economy that can be divided into two types; active and passive money laundering. Therefore the prevention and eradication of money laundering is important to conduct. Investigation is one of law enforcement activities against money laundering in sustaining its prevention and eradication. In Indonesia, the law enforcement against passive money laundering is relatively poor because the difficulties in substantiating the subjective elements of passive money laundering. Therefore the Author conducted a research regarding the principle of investigators in determining passive money laundering to know how the investigators overcome the substantiation obstacle in reaching out passive money laundering perpetrators. The research method used by the Author is social-legal approach with statutory and social approach. From the research conducted in Polda Metro Jaya, the author find out that in determining passive money laundering, the investigators used follow the money principle to substantiate subjective elements of money laundering. By using the financial transaction data that has been analyzed by PPATK as direction of investigation, the investigators in Polda Metro Jaya can substantiate that the wealth received by the suspect is known or reasonably suspected as the proceeds of crime.