TOETIK RAHAYUNINGSIH, 090710390 (2013) PENGEMBALIAN ASET HASIL TINDAK PIDANA SEBAGAI ALTERNATIF PENANGGULANGAN TINDAK PIDANA PENCUCIAN UANG. Disertasi thesis, UNIVERSITAS AIRLANGGA.

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Abstract

Money laundering is a crime that has special characteristics, since the birth from the predicate offense through the stages of placement, layering and integration. Money laundering always involves financial institution and a big asset in their operation. Therefore, prevention and eradication is not only done through the criminal justice system, but also through financial institutions. Some legal issues in the study are: whether the philosophical foundations return of assets in money laundering in this Indonesia? How return of assets as a result of money laundering is done under the provisions of the law? And what is the legal mechanism that can be taken to return the money laundering proceeds of crime assets. The methodology of this research is the normative legalresearch with, conceptual and comparative approach from some developed countries that already have legislation on money-laundering and asset recovery. The research aims to strengthen the philosophical basis of return on assets, analyze the legal provisions relating to the profitability of assets on the basis of existing regulations, as well as the pursuit of legal mechanisms in order to maximize the return on the assets of the proceeds from crime. Finally, the conclusion from the research is: to tackle money laundering can only be done through the prevention and eradication, which is prevention, can be done through the financial institution eradication through sanction in criminal justice system. Provisions relate to return of assets, however, was complex and still scattered in various laws, which may not be used maximal, legal mechanism in order to return of assets still have many obstacle in implementation due to lack of clarity in the rule and regulations. Therefore, the law in assets recovery should be ruled as soon as possible to complete law of anti- money laundering regime.

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