Doubts about the Strength of Financial Intelligence Documents as Evidence in Money Laundering Crimes

Authors

  • Ade Putra R Master of Law, Brawijaya University, Malang, Indonesia
  • Yuliati Yuliati Faculty of Law, Brawijaya University, Malang, Indonesia
  • Yenny Etta Widyanti Faculty of Law, Brawijaya University, Malang, Indonesia
  • Milda Istiqomah Faculty of Law, Brawijaya University, Malang, Indonesia

DOI:

https://doi.org/10.47006/ijlres.v10i1.29336

Keywords:

Article 73 of the UUPPTPPU, Financial Intelligence Document, Value

Abstract

Based on the principle of legality, valid evidence in handling money laundering cases in Indonesia is one of them in the form of documents. The financial intelligence document issued by the Financial Intelligence Unit (FIU) is one of the documents that has been regulated in the provisions of the legislation which is a valid evidence. Recently, cases of Money Laundering Crimes (TPPU) that have occurred in Indonesia, such as cases involving insurance corporations, namely the case of PT Jiwasraya Insurance and PT Asabri Insurance, which used the capital market as a means to launder money from the predicate crime. This study aims to demonstrate by explaining the valid evidence in handling money laundering cases in Indonesia. The method used is normative juridical based on legal analysis and cases, this study found legal ambiguity related to the provisions of Article 73 of Law Number 8 of 2010 concerning the Prevention and Eradication of Money Laundering Crimes (PPTPPU Law). This study provides the conclusion that the harmonization of regulations that are open to multiple interpretations is needed so that law enforcement officers do not hesitate in applying these rules.

References

Damaška, M. R. (1997). Evidence law adrift. Yale University Press.

Financial Action Task Force. (2025). International standards on combating money laundering and the financing of terrorism & proliferation: The FATF recommendations. FATF/OECD.

Gilmore, W. C. (2004). Dirty money: The evolution of international measures to counter money laundering and the financing of terrorism (3rd rev. ed.). Council of Europe Publishing.

Harahap, M. Y. (2006). Pembahasan permasalahan dan penerapan KUHAP: Pemeriksaan sidang pengadilan, banding, kasasi, dan peninjauan kembali (2nd ed.). Sinar Grafika.

International Monetary Fund, & World Bank. (2004). Financial intelligence units: An overview. International Monetary Fund.

Jackson, J. D., & Summers, S. J. (2012). The internationalisation of criminal evidence: Beyond the common law and civil law traditions. Cambridge University Press. doi:10.1017/CBO9781139093606

Jayasekara, S. D. (2022). Administrative model of financial intelligence units: An analysis of effectiveness of the AML/CFT regime. Journal of Money Laundering Control, 25(3), 511–525. doi:10.1108/JMLC-05-2021-0048

Levi, M., & Reuter, P. (2006). Money laundering. Crime and Justice, 34(1), 289–375. doi:10.1086/501508

McNaughton, K. J. (2023). The variability and clustering of financial intelligence units (FIUs): A comparative analysis of national models of FIUs in selected Western and Eastern (post-Soviet) countries. Journal of Economic Criminology, 2, Article 100036. doi:10.1016/j.jeconc.2023.100036

MONEYVAL. (2024). Financial intelligence units. Council of Europe.

Republic of Indonesia. (2010). Law Number 8 of 2010 concerning the Prevention and Eradication of Money Laundering Crimes. State Gazette of the Republic of Indonesia Year 2010 Number 122.

Roberts, P., & Zuckerman, A. (2022). Roberts & Zuckerman’s criminal evidence (3rd ed.). Oxford University Press.

Downloads

Published

2026-04-20

Issue

Vol. 10 No. 1 (2026): International Journal on Language, Research (Law) Education Studies

Section

Manuscript

License

Authors who publish with this journal agree to the following terms:

  • Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.
  • Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work.