Tinjauan Yuridis Terhadap Perampasan Aset Hasil Tindak Pidana Pencucian Uang Dalam Perkara Nomor : 1258/PID-SUS/2019/PN.PBR

Hanafi, Samsul (2022) Tinjauan Yuridis Terhadap Perampasan Aset Hasil Tindak Pidana Pencucian Uang Dalam Perkara Nomor : 1258/PID-SUS/2019/PN.PBR. Other thesis, Universitas Islam Riau.

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Abstract

Money laundering committed by Defendant Saymsuddin in case number 1258/Pid-Sus/2019/PN.PBR is prohibited in Article 3 of Law No. 8 of 2010 ML to hide, disguise the origin of money obtained from the proceeds of a crime. According to Article 79 of Law No. 8 of 2010 the State ML has the right to confiscate and confiscate assets or proceeds of crime, this is based on the view that, no one has the right to have this inappropriate wealth, before the confiscation is carried out the defendant has the right to prove the assets he has obtained in court in accordance with Article 77 and 79 Law No. 8 of 2010, This study aims to find out how to prove the confiscation of assets from the crime of money laundering in Case Number: 1258/Pid- Sus/2019/PN.PBR and how judges consider the confiscation of assets from the crime of money laundering in Case Number 1258/Pid-Sus/2019 /PN.PBR The method used by the author in this research is a normative legal research method, namely library law research is a method or method used in legal research which is carried out by examining existing library materials and connecting with the decision of the Pekanbaru District Court judge who decided Case Number: 1258/ Pid-Sus/2019/PN.PBR. While the nature of this research is descriptive, namely the author tries to give a detailed description. Namely, describing the problems found to be related to each other in a logical and juridical way to get a clear and detailed picture of the case of decision 1258/Pid-Sus/2019/PN.PBR. From the results of the research on evidence and confiscation of assets, the trial used a reverse proof system. After examining the witnesses, the defendant's statements and the confiscated evidence, submitted and proven by the Prosecutor and Legal Counsel, the trial found facts that assets such as land, houses, cars, Hondas owned by the defendant were the proceeds of criminal acts of crime. money laundering crime. Judges' Considerations in Confiscation of Assets Judges consider the Juridical Aspects to prove that the defendant fulfills the elements of Article 3 of Law no. 8 of 2010 ML. The philosophical aspect gave the decision of NIL because the defendant had been sentenced to life imprisonment, based on Article 71 paragraph (1) of the Criminal Code and Article 12 paragraph (4) of the Criminal Code, so the criminal decision was NIL. Sociological aspects of social background and the benefits of the decision to the community then consider things that are aggravating and mitigating the defendant.

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