Pembuktian Tindak Pidana Pencucian Uang Dalam Perkara Nomor: 459/PID.SUS/2019/PN.PBR

Zabidi, Faridz (2022) Pembuktian Tindak Pidana Pencucian Uang Dalam Perkara Nomor: 459/PID.SUS/2019/PN.PBR. Other thesis, Universitas Islam Riau.

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Abstract

The process of proving money laundering is different from examining criminal cases in general, one form of extraordinary effort is in the context of proving money laundering cases in court which uses a limited and balanced mechanism of reversing the burden of proof or reversing the burden of proof. The main problem in this research is what is the process of proving money laundering in case number: 459/Pid.Sus/2019/PN.Pbr and what are the considerations of the panel of judges in deciding the case of money laundering in case number: 459/Pid.Sus/2019 /PN. Pbr The method used by the author in this study is the Normative legal research method, namely library law research, which is a method or method used in legal research conducted by examining existing library materials and linking it to the decision of the Pekanbaru District Court judge who decided Case Number: 459/ Pid.Sus/2019/PN.Pbr While the nature of this research is descriptive, that is, the author tries to provide a detailed description. Namely describing the problems that were found to be related to each other in a relevant and logical and juridical way to find out a clear and detailed description of the decision 459/Pid.Sus/2019/PN.Pbr case. Based on the results of research conducted by the author, the evidence for case number: 459/Pid.Sus/2019/PN.Pbr. using reverse evidence in accordance with Law Number 8 of 2010 concerning the Prevention and Eradication of Money Laundering Crimes, in Article 77 which confirms that: "For the purposes of examination at court hearings, the accused is required to prove that his assets are not the proceeds of a crime." As well as using evidence in Article 73 of the a quo regulation "Valid evidence in proving the crime of money laundering is evidence as referred to in the criminal procedural law and/or other evidence in the form of spoken information sent, received, or stored electronically with means optical or similar optical devices and documents”. The basis for the judge's consideration is based on facts and evidence at trial as well as the judge's belief in a case, based on evidence and evidence at trial, originating from the verification process carried out by both the public prosecutor and the defendant's legal counsel, and the defendant is proven to have fulfilled the provisions of Article 3 of the Law - Law Number 8 of 2010 TPPU, so that the panel of judges gave a verdict against the defendant by imposing a prison sentence of 14 (fourteen) years and a fine of 1 billion rupiah if not paid is replaced then replaced with imprisonment for 2 months.

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