CONFISCATION AND THE CONCEPT OF INDEPENDENT CRIME IN HANDLING MONEY LAUNDERING CRIMES: A COMPARISON OF INDONESIA AND MALAYSIA

Abstract

This study focuses on the regulations in Indonesia and Malaysia regarding the handling of money laundering crimes, specifically through the concept of independent crime and the confiscation of assets involved in money laundering. In Indonesia, the regulation of handling money laundering is outlined in Article 69 of Law Number 10 of 2010 concerning the Prevention and Eradication of Money Laundering Crimes. In Malaysia, it is regulated under Article 4 paragraphs (3) and (4) of the Anti-Money Laundering and Terrorism Financing Act of 2001. The method used in this study is normative juridical, involving a review of the regulations pertaining to the independent handling of money laundering and asset confiscation in both countries. The concept of independent handling and confiscation is designed to facilitate law enforcement in eradicating money laundering crimes. Finally, the study aims to identify the similarities and differences in the concepts of independent handling and confiscation in each regulation. The findings reveal that both countries apply the independent handling concept in combating criminal acts. However, the approaches to confiscation differ between the two countries.