Phrase “Suspectable” as the Criminal Liability of Foundations for Passive Performers of Money Laundering

DOI

10.2991/978-2-38476-164-7_110How to use a DOI?

Keywords

Foundations; Criminal Liability; Money Laundering Crimes and Passive Actors

Abstract

The development of the position of foundations and/or social institutions as legal entities or corporations has had an impact on the rise of criminal acts targeting their positions. One of them is the crime of money laundering (TPPU). The vulnerability of the position of foundations and/or social institutions as passive perpetrators of TPPU for receiving cash flows is caused by multiple interpretations of the phrase “reasonably suspected” which is the basis for criminal liability. The aim of this research is to analyze the application of the phrase “reasonably suspected” based on the 2023 Criminal Code as well as criminal liability for foundations and/or social institutions as passive actors. The research method used in this research is a normative juridical legal method and uses conceptualization by prioritizing norms and doctrine. The results of this research show that there are still no clear limitations regarding the phrase “reasonably suspected” in the New Criminal Code which is the basis for the responsibility of passive TPPU perpetrators. Apart from that, in the TPPU Law there is also no obligation to report financial statements received by foundations and/or social institutions and in essence, in the law, foundations also do not have an obligation to prove the origin of money received as operational assistance. So based on this research, criminal liability for TPPU towards foundations and/or social institutions must be reviewed further and provided improvements in implementation and enforcement. Apart from that, in the TPPU Law there is also no obligation to report financial statements received by foundations and/or social institutions and in essence, in the law, foundations also do not have an obligation to prove the origin of money received as operational assistance. So based on this research, criminal liability for TPPU towards foundations and/or social institutions must be reviewed further and provided improvements in implementation and enforcement. Apart from that, in the TPPU Law there is also no obligation to report financial statements received by foundations and/or social institutions and in essence, in the law, foundations also do not have an obligation to prove the origin of money received as operational assistance. So based on this research, criminal liability for TPPU towards foundations and/or social institutions must be reviewed further and provided improvements in implementation and enforcement.

Copyright

© 2023 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Dina Tsalist Wildana
AU  - Lisa Aprillia
AU  - Fanny Tanuwijaya
AU  - M. Arief Amrullah
AU  - Fiska Maulidian Nugraha
PY  - 2023
DA  - 2023/12/21
TI  - Phrase “Suspectable” as the Criminal Liability of Foundations for Passive Performers of Money Laundering
BT  - Proceedings of the 3rd International Conference on Law, Governance, and Social Justice (ICoLGaS 2023)
PB  - Atlantis Press
SP  - 1197
EP  - 1210
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-164-7_110
DO  - 10.2991/978-2-38476-164-7_110
ID  - Wildana2023
ER  -