The Application Of The Principle Of Bank Secrecy In The Process Of Eradicating Money Laundering Criminal Offences Based On Aspects Of Legal Certainty

Authors

  • Dyo Rahman Maulana tokopedia

DOI:

https://doi.org/10.55681/ijssh.v2i2.1335

Keywords:

Bank secrecy, law enforcement, effective

Abstract

Bank secrecy is the core of a banking system policy and is based on the "prevalence" of general banking practices. The problem in the prevention of money laundering is basically still a challenge and will be difficult in the handling process, it is because the Law on Money Laundering has not been maximally able to take legal action, not to mention the existence of strict bank secrecy principle rules in the relevant country. This research aims to examine the application of the principle of bank secrecy in the process of eradicating the criminal offence of money laundering in the aspect of legal certainty. The research method used in this research is normative juridical with the approach used Legislation approach and conceptual approach. The conclusion of this research is that bank secrecy is no longer the main reason for banks to refuse or delay providing information requested by law enforcement officials. The bank must comply with the procedures and mechanisms that have been established by law in order to avoid abuse of the principle of confidentiality for improper purposes. In the process of implementing money laundering criminal offences, it is necessary to run in a balanced, fast, and precise manner with effective law enforcement efforts. In addition, a structured and confidential information exchange mechanism between banks and law enforcement is important to strengthen the investigation and investigation process.

References

Ahmad, H., Anggraini, S., & Iswahyudi, G. (2022). Legal Protection of Bank Secrecy Security in Safeguarding the Interests of Banking Customers. Al-Manhaj: Journal of Islamic Law and Social Institutions, 4(2), 337-350.

Emirzon, J., & Yuningsih, H. (2022). IMPLEMENTATION OF PROVING THE CRIMINAL OFFENCE OF MONEY LAUNDERING IN THE PROCEEDS OF NARCOTICS CRIME. Lex LATA, 4(1).

Fahrurrozi, R., Murwadji, T., & Rukmini, M. (2020). Problematics of Disclosing Bank Secrets Between State Interests and Customer Protection. Journal of Legal Essence, 2(1), 77-96.

Faisal, F. (2018). The Effect of Bank Secrecy Principles on the Crime of Money Laundering. Al-Amwal Journal, 3(1).

Hidayat, T., & Setyaningsih, T. A. (2023). LEGAL PERSPECTIVE ON THE PRINCIPLE OF BANK SECRECY IN THE PRACTICE OF MONEY LAUNDERING OFFENCES. UNIRA LAW JOURNAL, 2(1).

IR Febrianti, Y. D. (2021). Bank Secrecy Against the Crime of Money Laundering. Journal of Law Pen.

Justian, J. (2023). THE EXISTENCE OF THE POLICE IN RESOLVING A CASE THROUGH PENAL MEDIATION. Journal of Indonesian Impression, 2(10), 970-982.

Marzuki, P. M. (2013). Legal research.

Novianti, N. (2021). IMPLEMENTATION OF BANK SECRECY DISCLOSURE IN INDONESIAN LEGAL CONSTRUCTION. Journal of JURISTIC, 2(03), 279-293.

Nurjanah, S., & Andry, A. (2015). Opening Bank Secrets by the Financial Transaction Reporting and Analysis Centre as an Effort to Eradicate Money Laundering Crime. Journal of Judicial Review, 17(2), 59-74.

Pranawa, B. (2023). Opening of Bank Secrecy in the Case of Money Laundering Crime. Journal of Legal Surgery, 7(1), 17-29.

Setiawati, I. D. (2008). Legal analysis of money laundering in relation to the application of bank secrecy in Indonesian banking.

Sulfiarini, W., Marwiyah, S., Prawesthi, W., & Amiq, B. (2024). LEGAL ANALYSIS OF THE OPENING OF BANK SECRETS ON THE PREVENTION AND ERADICATION OF MONEY LAUNDERING CRIMINAL OFFENCES. COURT REVIEW: Journal of Legal Research (e-ISSN: 2776-1916), 4(02), 1-12.

Supriyanta, S. (2007). The Scope of Economic Crime. Journal of Economics and Entrepreneurship, 7(1), 23371.

Sutiawan, H. A., Mulyati, E., & Tajudin, I. (2018). Customer Protection Related to the Practice of Opening Bank Secrets by Bank Employees in the Process of Law Enforcement of Money Laundering Crimes in Relation to the Principle of Legal Certainty. Journal of Law & Development, 48(3), 630-650.

Yusuf, H., & Sari, F. P. (2022). REVIEW OF REVERSE PROOF OF MONEY LAUNDERING CRIMINAL OFFENCES IN THE JUDICIAL PROCESS. Journal of Law and Business (Selisik), 8(2), 98-109.

Downloads

Published

2024-06-30

How to Cite

Rahman Maulana, D. (2024). The Application Of The Principle Of Bank Secrecy In The Process Of Eradicating Money Laundering Criminal Offences Based On Aspects Of Legal Certainty. International Journal of Social Sciences and Humanities, 2(2), 75–80. https://doi.org/10.55681/ijssh.v2i2.1335