Theoretical Implication of Pro Parte Dolus Pro Parte Culpa Wrongdoing in the Formulation of Passive Money Laundering

Abstract

This research is aimed at determining and analyzing the theoretical implications of passive money laundering as regulated in Article 5 paragraph (1) of Law Number 8 of 2010 which is formulated in the form of a pro parte dolus pro parte culpa wrongdoing, indicated by the phrase “that he knows or reasonably suspects”. Normative legal research with the statute and conceptual approaches was used. The legal materials used were primary legal materials (Law Number 8 of 2010) and the secondary materials were all relevant literature and publications in the legal field. The results show that the formulation of the criminal act of passive money laundering in the form of a pro parte dolus pro parte culpa wrongdoing as referred to in Article 5 paragraph (1) of Law Number 8 of 2010 contradicts the theories of errors and criminal proportionality. In this case, there seems to be a gap between das sollen and das sein. In this context, das sollen is in the form of the theories of errors and criminal proportionality, which have standards regarding the formulation of rules of law, while das sein refers to the existing rule of law, namely Article 5 paragraph 1 of Law Number 8 of 2010.