Limitation of the Investigator’s Authority in Investigation on Alleged Money Laundering

Abstract

This type of research used in this research is normative legal research. In general, money loundering is a method for hiding, transferring, and using the proceeds from a criminal act, organizational criminal activity, economic crime, corruption, narcotics trafficking and other activities that constitute criminal activity. Money laundering activities involve very complex money laundering. Basically, this activity consists of three steps, each of which is independent but often carried out together, namely placement, layering, and integration. Money laundering can be seen in the provisions in Articles (3), (4), and (5) of Law of the Republic of Indonesia Number 8 of 2010 concerning Prevention and Eradication of the Crime of Money Laundering. The point is that the crime of money laundering is a form of crime that is committed either by a person and / or a corporation by deliberately placing, transferring, spending, paying, donating, depositing, taking, abroad, chaning forms, exchaning currency or securities or other actions on assets which he knows or should reasonably suspect are the result of a criminal act with the aim of concealing or disguising the origin of the assets, including those who receive and control them. So in fact the principle of proportionality is an alternative solution for Constitutional Court Judges in providing legal certainty to decide what investigators by laying the basis of which authority should take legal action and action against the prevention and eradication of the crime of money laundering.