Jenayah Korporat Dalam Tindak Jenayah Pencucian Wang Kajian Undang-Undang Republik Indonesia, Brunei Darussalam dan Hukum Islam

Abstract

This study aimed to identify how the concept of corporate criminal and criminal accountability in criminal acts of money laundering, money laundering a criminal offense provisions made by the provision of corporate and criminal accountability, punishment on criminal money laundering made by the corporate in law of Indonesia, Brunei Darussalam, and Islamic law, then analyzes the similarities and differences of each law. The methodology used in this study is juridical normative descriptive analysis. Data collection is done by collecting and analyzing literature materials and related documents. Furthermore, normative data were analyzed qualitatively by describing, analyzing and providing analytical assessment of the criminal offense of money laundering committed by a corporate statement contained in primary law documents and files from a related case, the pattern of deductive thinking. It can be concluded from the study whether laws Indonesia, Brunei Darussalam or Islamic law that there are similarities in corporate concept, but different, particularly in Islamic law on the concept of money laundering crimes committed by corporate and criminal accountability either in the law of Indonesia and of the crime of money laundering crime can be questioned. In the study of Islamic law that the subject of law which can be claimed it accountability only human lives, reach puberty, and understanding. The subject of the law known as al-shakhÎiyyah al ma'nawiyyah (personal legal) can not be claimed it accountability. This ruling of money laundering is an illegal crime of (ÍarÉm li ghairihi). There are different types of punishment on criminals, in the Indonesian criminal law penalties, which most Rp100.000.000.000, 00 (one hundred billion rupiah), may also be imposed in the form of additional crimes: the announcement of the verdict; freezing part or all of the corporate business activities; revocation; dissolution and / or corporate restrictions; expropriation of corporate assets to the state and / or corporate acquisitions by the state. The laws of Brunei Darussalam and the term of imprisonment not exceeding 14 years, or both penalties, the maximum penalty or range is not set in law. There is no specific maximum fine for legal entities who commit the crime of money laundering. For legal entities, civil or administrative sanctions in the form of revocation, and deregistration. In Islamic law into the category jarimah ta'zir. Therefore, it is expected that there is a clear determination of liability and measured to provide a deterrent effect on criminals money laundering by corporations, law enforcement agencies, whether in Indonesia or Brunei Darussalam can understand and apply the law of money laundering properly and completely. With emphasis on the uniformity and consistency in understanding. So that justice can be achieved to the law and the law is fair.