Authority of Commission of Corruption Eradication in Prosecution of Money Laundering

Abstract

Commission of Corruption Eradication is an institution that is given attributive authority by Law Number 30 of 2002 and Law Number 19 of 2019 concerning Commission of Corruption Eradication to carry out law enforcement by investigating and prosecuting corruption offence. The authority of this commission in carrying out the law enforcement must be based on statutory regulation which is a form of criminal law policy. However, in the practice of law occured, the commission prosecutes several cases of money laundering in which the act is not explicitly regulated by law. So that, some of money laundering offences prosecuted by the commission find pros and cons among legal experts, even a dissenting opinion in the Panel of Judges who decide the case. It has become one of legal problems for the commission which must be a serious concern for the government.So that it becomes interested in studying about whether the legal problems Commission of Corruption Eradication in the prosecution of Money Laundering and how the authority Commission of Corruption Eradication in prosecuting cases of Money Laundering Criminal Acts?This research employed normative juridical legal research, which focused on the library research by analyzing the related legal regulations and literatures. The results showed that the legal issue regarding the authority of the commission arises when the provisions require this commission coordinating with the Prosecutor Office when prosecuting, as stipulated in Article 12A of Law Number 19 of 2019 Concerning the Second Amendment to Law Number 30 of 2002 concerning the Commission of Corruption Eradication, which is able to eliminate the independence of the Commission of Corruption Eradication in establishing the law enforcement.