Budiman, Arif (2025) Perlindungan Hukum Terhadap Nasabah Korban Tindak Pidana Pencucian Uang (Money Laundering) Biro Tour Umroh dan Haji. Doctoral thesis, Universitas Islam Riau.

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Abstract

In some crime cases, the victim and witness have an important role in convicting the perpetrator of the crime. Within the framework of examining a case where the victim is a witness for the disclosure of a crime, only positioned as an instrument to help law enforcement officials to punish the perpetrator, the rights of victims are often ignored, especially in uncovering criminal acts of money laundering. If efforts to eradicate money laundering only focus on punishing the perpetrators without paying attention to recovering lost assets for victims, then law enforcement will move further away from the principles of justice, especially for victims of criminal acts. Therefore, it is important to trace the flow of money (asset tracing) with the aim of returning it to victims who have suffered economic losses. The crime of money laundering which is regulated in Law Number 8 of 2010 concerning the Prevention and Eradication of the Crime of Money Laundering is actually not just criminalization. The problems that will be studied and analyzed in this dissertation are: What is the legal protection for victims of money laundering crimes, and what is the effectiveness of legal protection for victims of money laundering crimes. This research uses a statutory approach and a conceptual approach, and is included in the type of normative/doctrinal research. The problem faced in this research is the lack of legal norms in Law Number 8 of 2010 concerning Prevention and Eradication of the Crime of Money Laundering, which has resulted in the recovery of assets of victims of criminal acts not being able to be carried out optimally, even though the purpose of the law is to trace assets and return them to victims. The research results show that victims of money laundering crimes must file a lawsuit for compensation to obtain compensation from the perpetrator, in contrast to criminal acts of corruption where the perpetrator's assets can be confiscated and used as a substitute. The disproportionate distribution of assets relative to the number of victims indicates that the amount of compensation received by each victim is relatively small compared to the losses they endure. In cases of fraud and laundering committed by First Travel, the application of the principal punishment in the form of imprisonment is not effective in realizing the goals of justice in sentencing.

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