CD Skripsi
Pembuktian Mens Rea Dalam Tindak Pidana Pencucian Uang Bagi Pelaku Pasif
ABSTRACT
The term "Money Laundering" was initially introduced to a case in the United States. Money laundering or also known as money laundering is an act of concealing or disguising the origin of assets through various financial transactions so that it is as if the money was obtained legally. A person can be said as a passive actor if he meets the elements of "knowing and should suspect" that the funds are derived from the proceeds of crime, besides that the passive actor is also accepting, controlling with or without the intention to disguise or hide assets. Mens rea is a fault element or mental element. A person can be convicted of not enough just because that person has committed acts that are against the law or are against the law. The purpose of this thesis is: First, to find out the proof of Mens Rea in proving money laundering for passive perpetrators in Indonesian criminal law. Second, know the idea of the future proof of Mens Rea in the crime of kidnapping unag for passive perpetrators.
This type of research can be classified as normative legal research. This research is descriptive in nature, namely research that clearly and in detail describes the elements of mens rea in proving money laundering. Source of data used secondary data, consisting of primary legal materials, secondary legal materials, and tertiary legal materials, data collection techniques namely library research methods, after the data collected and then analyzed to draw conclusions.
From the results of research and discussion it can be concluded that, First, Proving mens rea in proving money laundering criminal acts for passive perpetrators needs to carry the burden of proof reversed, but not yet maximized law enforcement carried out in eradicating and preventing money laundering for passive perpetrators, still many passive actors who have not been named suspects. Second, the idea of proof of mens rea for passive perpetrators in the future in the crime of money laundering. In proving someone has done the act of mens rea in the crime of money laundering for passive perpetrators. The elements in Article 5 must be proven and the concept of mens rea must be applied. Could be a mistake because of negligence and deliberate. Passive actors including negligence do not question the origin of the money.
Keywords: Money Laundering - Proof - Mens Rea.
Tidak tersedia versi lain