https://review-unes.com/, Vol. 6, No.

3, March 2024

DOI: https://doi.org/10.31933/unesrev.v6i3
Received: 30 March 2024, Revised: 19 April 2024, Publish: 27 April 2024
https://creativecommons.org/licenses/by/4.0/

Comparative Analysis of Criminal Laws on Money Laundering in

ASEAN Countries: Between Justice and Protection

Henny Saida Flora1, Kaharuddin Syah2, Erwin3, Siti Avivi Nur Laila4, Rifqi Devi
Lawra5
1
Fakultas Hukum, Universitas Katolik Santo Thomas Medan, Indonesia
Email: [email protected]
2
Fakultas Hukum, Universitas Muhammadiyah Palu, Indonesia
Email: [email protected]
3
Universitas Tanjungpura, Indonesia
Email: [email protected]
4
UIN Sunan Ampel Surabaya, Indonesia
Email: [email protected]
5
Universitas Mahaputra Muhammad Yamin, Solok, Indonesia
Email: [email protected]

Corresponding Author: [email protected]

Abstract: Globalization brings many conveniences to the activities of the community through
technological advances. Globalization also makes the borders and distances between
countries invisible, so that countries in the world can be connected to one another. On the
other hand, globalization has a negative impact on the world, namely the emergence of
transnational crimes. One of the transnational crimes that plague different countries is
money laundering. It is the act of processing the proceeds of criminal activity with the intent
of concealing the source of the criminal activity or transforming the profits of criminal
activity or corruption into ostensibly legal assets. Money laundering has become a
transnational crime that is complicated and difficult to solve in various countries around the
world. In this journal, the author uses a legal approach and comparative law method to
compare the regulation of money laundering in Indonesia, Singapore and the Philippines.
The results of this study will be an examination of the development of money laundering in
the era of globalization and the regulation of money laundering in Indonesia, Malaysia,
Singapore and the Philippines.
Keyword: Globalization, Money Laundering, Transnational Crime, Asean

INTRODUCTION
A state of law is a state that has optimal law enforcement, upholds human rights, and
guarantees that citizens have equal status before the law and that the government must uphold
the law without exception. Law enforcement is one of the parameters of the success of the
rule of law (Wangga, Kardono, & Wirawan 2019). The success of enforcing the law is an

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important parameter in achieving the goals in a rule of law such as Indonesia (Pawestri,
2019). One of the law enforcement that is of concern in Indonesia today is the law
enforcement against the crime of money laundering, or hereafter referred to as TPPU in this
study.
Money laundering has become so popular in some parts of our society. According to
the provisions of the law, money laundering is any act that fulfills the elements of a crime.
Money laundering is a way for criminals to hide assets derived from criminal acts through
various financial transactions so that the assets derived from the criminal act appear
legitimate or legal (Sopacua, & Sakharina, 2018). The crime of money laundering or what is
known as money laundering is a crime that aims to make the money from the main criminal
act appear to be "Halal" money because it is used for certain investments or business so that it
appears to be a legitimate income (Safitri, 2020). Based on this understanding, the crime of
money laundering is a derivative crime of a main crime.
Crimes, namely various crimes or violations committed both by individuals and legal
entities within the territorial boundaries of a country and across the territorial boundaries of
other countries, are increasing, including these crimes, among others, in the form of money
laundering crimes related to the involvement or generation of wealth (Amrani, 2015). Due to
various increases in the main criminal activities, such as crimes of drugs, human trafficking,
terrorism, excise, fraud, corruption and others, the crime of money laundering is increasingly
widespread. Crimes that often occur in the crime of money laundering, which is an act of
origin of the crime of corruption (Fitriyana, 2019).
With the aim of eradicating the practice of money laundering, Indonesia has enacted
Act No. 15 of 2002 on the crime of money laundering, but the formulation of the acts
classified as money laundering is still weak, with only 15 (15) predicate crimes (Husein, &
Robert K, 2018). In its evolution, Law No. 15 of 2002 on the crime of money laundering has
been refined, the formulation of acts that can be classified as money laundering has increased
to 26 (twenty-six) predicate crimes, which include all criminal acts that are punishable by 4
(four) years imprisonment or more, which are criminal acts originating from money
laundering can also be subjected to money laundering. Apart from the existence of interests
outside the criminal law, Law No. 25 of 2003 has clearly amended and supplemented Law
No. 15 of 2002 on the crime of money laundering. Subsequently, the new Law No. 8 of 2010
on the Prevention and Eradication of the Crime of Money Laundering was issued to adapt it
to the development of law enforcement needs, international practices and standards (Tumiwa,
2018). This is the gap analysis of this study.The formulation of policies is expected to be able
to overcome ML in Indonesia, but in reality there are still weaknesses in the formulation of
actions that can be categorized as money laundering in Indonesia.
Indonesia, Malaysia, Singapore and the Philippines are neighboring countries that are in
close proximity to each other, thus influencing the economic, social, political and legal
aspects that have an impact between the two countries. Transnational crimes such as money
laundering can develop in both countries. There is a work program at the ASEAN level to
implement the "ASEAN Plan of Action to Combat Transnational Crime", including the fight
against money laundering. Among other things, the plan calls for compiling national anti-
money laundering laws and regulations and reviewing the criminalization of money
laundering in ASEAN countries.
The number of money laundering cases in Malaysia committed by or involving
Indonesian nationals continues to increase. Individuals who have assets obtained from the
proceeds of crime are then brought to Malaysia and disguise the assets to such an extent that
the origin of the assets is unknown, so that they appear to be legal or legitimate assets, but in
the end will still be known by the Malaysian government itself because it is included in the
category of predicate offense in the Malaysian state legislation, which is formulated in
various forms and types of offenses. In Malaysia, the regulation of money laundering is

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regulated by law, namely the Anti-Money Laundering, Anti-Terrorism Financing Proceeds of

Unlawful Activities Act 2001 Law Number 613 (Wardhana, 2019).
On the basis of the above description, this research was conducted with the purpose of
examining the problems of the formulation policy of the crime of money laundering in
Indonesia and Malaysia, which is basically the design of the formulation policy of the crime
of money laundering in Indonesia in the future. This study differs from previous studies
published in national and international journals, which discuss the crime of money laundering
in Indonesia and Malaysia. This research is different from previous research that has been
published both nationally and internationally, which discusses the crime of money laundering
or money laundering. The first research was about the proof of TPPU without the prosecution
of the original crime (Halif, 2017).
In addition, the research conducted by Susato in his research titled "Interpretation of the
Benefit Principle Regarding the Recovery of Assets for Victims of Money Laundering
Crimes", this research discusses the decision number 195 K/PDT/2018 dated March 27, 2018.
In its ruling, the panel of cassation level justices highlighted the principle of merit in
overturning the previous court ruling, namely the disregard of procedural law in handling
civil cases in the presence of a criminal ruling with perpetual force in the case of money
laundering (Susato, 2020). Another research that also discusses the crime of money
laundering was conducted by Muh. Afdal Yanuar, whose research focuses on the position of
the crime of money laundering as an independent crime with a follow-up crime after the
Constitutional Court decision number 90/PUU-XIII/2015 (Yanuar, 2019).
An international publication that also discusses ML has been carried out by Muhtar
Hadi Wibowo in his research, which focuses on the discussion of ML that is committed by
companies and their liability systems (Wibowo, 2018). Another international publication
discusses the function of financial intelligence investigation by the Indonesian Financial
Intelligence Unit together with participating reporters, considering the barriers and challenges
to the reduction of ML/TF (Wibowo, 2018).Participating reporters, considering the barriers
and challenges to the reduction of money laundering cases in Indonesia (Lukito, 2016).

METHOD
This legal research uses the normative legal research method with data using secondary
data sources through literature review (Sonata, 2014). This legal writing uses a legal
approach and a comparative approach (Benuf, & Azhar, 2020). The legal materials used in
this legal paper are primary legal materials in the form of Law No. 8 of 2010 on the
Prevention and Eradication of the Crime of Money Laundering and Law No. 613 of 2001 on
the Prevention and Eradication of the Crime of Money Laundering and Terrorist Financing,
and secondary legal materials in the form of books, journals, and dictionaries related to
money laundering. The research specification used is descriptive analysis, namely by
describing the applicable laws and regulations related to legal theory and legal
implementation practices on the above issues (Soemitro, 1982), namely the formulation
policy of money laundering crimes in Indonesia and Malaysia

RESULT AND DISCUSSION

Money laundering was first used in 1930, when Al Capone, one of history?s greatest
criminals, used a Polish accountant, Meyer Lansky, for laundering his criminal proceeds.
The crime of money laundering has been popularly defined as the activity of moving,
utilizing, or otherwise dealing with the proceeds of criminal activity, frequently by organized
crime or by persons engaged in corrupt practices, drug trafficking, and other criminal
activity.10 Etymologically, money laundering comes from the English words money
"money" and laundering "to wash".

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Money laundering is classified as a crime with an international dimension. This is

because this type of crime usually involves the international financial system, so it is called a
transnational crime. TOC has encouraged the countries of the world and international
organizations to prevent and eradicate money laundering crimes because of the great negative
impact it can have on a country's economy. Therefore, the management system of border area
surveillance also plays a role in successfully tackling the problem of transnational crime
through a comprehensive and integrated approach.
Due to the advancement of the globalization era in the field of technology, increasing
international trade, and the very open geopolitical situation after the Cold War, the activities
of TOCs have spread all over the world, including Indonesia. This illegal business
organization uses the rapidly growing advances in communication, information, and
transportation technology to expand its network.
It is argued that the activities of transnational criminal organizations have increased as
the reach of legitimate business has expanded due to technological advances and an
increasingly interdependent world economy.
The growth of global communications and information systems, as well as the
development of a global financial system, provide quick and easy opportunities to expand
criminal networks. Tensions caused by globalization, the global economic crisis, and political
transitions, particularly in developing countries, have marginalized populations and increased
the desire to join criminal enterprises that are perceived as helping to lift them out of poverty.
Increased mobility between countries due to advances in transportation and communications.
This is critical to the development of international criminal organizations to efficiently
establish and expand their organizational reach and network.

Law Regulations in Indonesia

In Indonesia, money laundering regulation is governed by Law No. 8 of 2010 on
Preventing and Eradicating Money Laundering Crimes. The number of criminal offenses
committed by individuals and companies within a country's borders as well as across borders
is on the rise. These crimes include corruption, bribery, narcotics, psychotropic substances,
labor smuggling, migrant smuggling, human trafficking, arms trafficking, terrorism,
kidnapping, theft, embezzlement, fraud, counterfeiting, and gambling, as well as various
forms of economic crime. These crimes have involved or generated enormous amounts of
wealth.
The wealth derived from these crimes or offenses is usually not spent or used directly
by the perpetrators of the crime, because if it is used directly, it can be easily traced by law
enforcement to the source of the wealth obtained, so the perpetrators of the crime usually first
try to get the wealth obtained from the crime into the financial system. In this way, the source
of the wealth is expected to be untraceable by law enforcement. Attempting to conceal or
disguise the source of property derived from criminal activity as defined in this Act is known
as laundering.
Under the Anti-Money Laundering Act, proceeds of crime are assets derived from
criminal activity: Corruption, Bribery, Drugs, Psychotropic Drugs, Smuggling of Workers,
Smuggling of Migrants, Banking, Capital, Insurance, Customs, Excise, Trafficking in
Persons, Trafficking in Arms, Terrorism, Kidnap, Theft, Embezzlement, Fraud,
Counterfeiting, Gambling, Prostitution, Taxation, Forestry, Environment, or any other crime
which is punishable by imprisonment of 4 (four) years or more and which is committed in the
territory of the Unitary State of the Republic of Indonesia or outside the territory of the
Unitary State of the Republic of Indonesia and the crime is also a crime under Indonesian
law. Money laundering can be divided into three crimes:
1 Active money launderer, i.e. any person who places, transfers, redirects, expends,
disburses, transfers, transfers to a foreign country, changes, exchanges for money or

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securities, or performs any other action involving assets that the person knows or has
reason to believe to be proceeds of a crime under Article 2 (1), with the intent to conceal
or disguise the origin of the assets, shall be punishable with a maximum penalty of 20
(twenty) years in prison and a maximum fine of Rp. 10,000,000,000.00 (ten billion
rupiah). 10,000,000,000.00 (ten billion rupiah).
2 Any person who conceals or disguises origin, place of origin, distribution, transfer of title
or actual ownership of assets that he/she knows or has reason to believe are proceeds of a
crime referred to in Article 2 (1) shall receive a prison sentence of not more than 20years
and a fine of not more than 1,000,000 rupiahs. 5,000,000,000.00 (five billion rupiah).
3 The offense of passive money laundering imposed on any person who receives or controls
the placement, transfer, payment, grant, donation, deposit, exchange or use of assets that
he knows or reasonably suspects to be the proceeds of an offense under Article 2(1) shall
be punishable by a maximum term of imprisonment of 5 (five) years and a maximum fine
of Rp. 1,000,000,000.00 (one billion rupiah). This is considered the same as committing
money laundering. The Anti-Money Laundering Law states that any person inside or
outside the territory of the unitary state of the Republic of Indonesia who participates in
the attempt, assistance or conspiracy to commit the crime of money laundering shall be
punished with the same penalty as provided in Article 3, Article 4 and Article 5.
Reporters who fulfill their reporting obligations are exempted from the provisions of
Article 5(1) of the AML Law. The punishment for money laundering crimes committed by a
legal entity shall be imposed on the legal entity and/or the controlling personnel of the legal
entity in accordance with Articles 3, 4 and 5 of the AML Law. In addition to the provisions of
Articles 2, 3, 4 and 5, there are other articles that regulate crimes related to money
laundering. Other crimes related to money laundering are regulated in Articles 11, 12, 14, 15
and 16 of the Law on Prevention of Money Laundering.
Bank and non-bank financial institutions are referred to in this Law as financial service
providers. A financial service provider is a provider of financial services or other financial
services, such as banks, financing institutions, securities companies, investment fund
managers, custodians, trustees, depository and settlement institutions, foreign exchange
traders, pension funds, insurance companies and post exchanges.
Under the Money Laundering Law, financial service providers include: Banks, finance
companies, insurance companies and insurance brokers, pension funds of financial
institutions, securities companies, investment managers, custodians, trustees, post offices as
giro service providers, foreign exchange dealers, card payment instrument providers, e-
money and/or e-wallet providers, cooperatives engaged in savings and loan activities,
pawnshops, companies engaged in commodity futures trading; or organizers of money
transfer business activities. While other providers of goods and/or services are: real estate
companies/brokers, motor vehicle dealers, dealers in precious stones and jewelry/precious
metals, dealers in works of art and antiques, or auction houses.
Suspicious financial transactions according to the Anti-Money Laundering Law are
1 Financial transactions that are at variance with the service user's profile, characteristics or
habitual transaction patterns;
2 Financial transactions of Service Users that are suspected to be conducted with the
purpose of avoiding reporting relevant transactions that the Reporting Party is required to
report according to the provisions of this Law;
3 financial transactions carried out with assets suspected to be proceeds of a criminal
offense, or the reversal of such transactions.
4 Financial transactions that are required to be reported by the reporting party under the
PPATK because they involve assets that are suspected to be proceeds of a criminal
offense.

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The Indonesian Financial Transaction Reporting and Analysis Center (INTRAC), as

defined in Article 1(2) of the Anti-Money Laundering Law, is an independent institution
under the President of the Republic of Indonesia, established to prevent and eradicate the
crime of money laundering. By establishing the PPATK, Indonesia has fulfilled one of the
forty recommendations proposed by the Financial Action Task Force on Money Laundering
(FATF) to help eradicate money laundering in Indonesia.

Law Regulations in Singapore

Laundering in Singapore is regulated by the Corruption Drugs Trafficking and Other
Serious Crime Act (CDSA). The CDSA imposes corporate and individual criminal
liability.24 The Attorney-General (AG), in the capacity of the Attorney-General's Chambers
(PP), is responsible for prosecuting money laundering offences in Singapore. The
Commercial Affairs Department ("CAD"), a branch of the Singapore Police Force ("SPF"), is
the primary investigating agency for money laundering offenses. Certain types of money
laundering investigations also involve officers from the Central Narcotics Bureau and the
Corrupt Practices Investigation Bureau. The CDSA specifically grants officers of these
agencies various powers and rights to assist in money laundering investigations. A good
regulatory framework is in place in the Government of Malaysia (GOM), including licensing
and examination systems that are able to regulate the financial institutions.. However, if there
is an unreasonable delay in the prosecution, this may be a factor that the court considers in
sentencing.
Money Laundering Offences under the CDSA
1 Section 47(1) - Money laundering offences relating to criminals
2 Section 47(1)(a) - Concealing and disguising property constituting proceeds of crime
3 Section 47 (1) (b) - converting, transferring or removing property from jurisdiction
4 Section 47 (1) (c) - acquiring, possessing or using property that constitutes criminal
conduct
5 Section 47 (2) & (3) - Any individual or person who has reasonable grounds to believe
that any property, in whole or in part, which directly or indirectly represents another
person, obtains a benefit from the person who commits section 47 (1) (a), 47 (1) (b) or 47
(1) (c).
6 Section 44 - Any person who enters into an "arrangement" to assist in money laundering
7 Section 47A - No need to link dirty money to a specific predicate offense.
The maximum penalties for offences under Sections 43, 44, 46 and 47 of the CDSA
are:
a) If the person is an individual, a fine not exceeding S$500,000 or imprisonment for a
term not exceeding 10 years, or both, per count; and
b) If the person is not an individual, a fine not exceeding S$1,000,000 on each count.
The resolution of criminal offences under the CDSA is generally a matter for the courts.
However, following the passage of the Criminal Justice Reform Bill on March 19, 2018,
certain specified crimes (including those relating to crimes under ss. 43, 44, 46 and 47 of the
CDSA) may now be resolved through a deferred prosecution agreement ("DPA"). Deferred
prosecution agreements become effective only after approval by the High Court, which must
declare that the agreement is in the interests of justice and that its terms are fair, reasonable
and proportionate. Upon such approval, the DPA must generally be published.

Law Regulations in Philipine

The Republic of the Philippines Code No. 9160 On Anti-Money Laundering Act Of
2001 regulates money laundering in the Philippines. The regulation states that the legal
subjects of money laundering are persons and corporations. It is mentioned in "Rule 3.e.
Proceeds of Crime:

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Rule 3.f. "Proceeds" refers to the amount obtained or realized from an unlawful
activity. It includes:
1 All proceeds, profits, effects, and any substantial amount realized from the unlawful
activity;
2 all money, financial or economic instruments, apparatus, documents, papers or objects
used in or in connection with illegal activities, as well as
3 all monies, expenses, payments, disbursements, fees, expenses, charges, accounts, refunds,
and other similar items for the financing, operation, and maintenance of the unlawful
activity.
Republic of the Philippines Anti-Money Laundering Act of 2001 (Republic Act No.
9160) states that "Rule 3.g. "Regulator" refers to the BSP, SEC and IC to request and obtain
the assistance of government agencies having regulatory and/or licensing authority over such
covered institution for the implementation and enforcement of the Anti-Money Laundering
Act and these rules."
The Republic of the Philippines Code No. 9160 On Anti-Money Laundering Act Of
2001 also explains in relation to transactions namely: "Rule 3.h. "Transaction" means any act
that creates rights or obligations or gives rise to a contractual or legal relationship between
the parties.
Rule 4.1. Money laundering involves the unlawful process of disguising the origins of
illicit proceeds to make them seem like they stem from lawful activities. This nefarious
activity is perpetrated through various means, including:
1 Any person, knowing that any monetary instrument or item is, contains or relates to the
proceeds of illicit activities, dealing or attempting to deal in such monetary instrument or
item.
2 Whoever, knowing that a monetary instrument or property is the proceeds of illegal
activities, acts or fails to act in a manner that facilitates the crime set forth in subparagraph
(a).
3 Anyone who, aware that a financial instrument or item is mandated by this Act to be
declared and deposited with the Anti-Money Laundering Council (AMLC), neglects to
fulfill this obligation.
Rule 14.4. In cases where the perpetrator is a corporate entity, association, partnership,
or any other legal body, the penalty shall be applied to the accountable officer, as applicable,
who engaged in the act of the offense or knowingly allowed or neglected to prevent it.. Rule
14.4. Commission. If the offender is a legal entity, the court may suspend or revoke the
license. If the offender is a foreigner, he shall, in addition to the penalties prescribed herein,
be deported without further proceedings after serving the penalties prescribed herein. If the
offender is a public official or employee, he shall, in addition to the penalties prescribed
herein, suffer permanent or temporary absolute disqualification from holding office, as the
case may be."
Rule 5.3. As directed by the AMLC and/or in exercising their supervisory and/or
regulatory powers over Covered Entities under their respective laws, Regulatory Authorities
may require that all suspicious activity involving covered entities be reported to the AMLC if
there are reasonable grounds to believe that money laundering activities or money laundering
offenses or a violation of this Act under Section 4 and Section 7(5) are being, have been or
will be committed.
Administrative sanctions for failure to comply with such suspicious transaction
reporting requirements may be imposed by the regulatory authorities authorized under their
respective charters.
Rule 6.4. " Prosecution of AML cases is governed by the provisions of the Code of
Criminal Procedure or the Rules of Procedure of the Sandiganbayan, as applicable.."

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Rule 18.1.a. Within thirty (30) days from the effective date of these Rules, the BSP, IC
and SEC shall promulgate AMLA implementing rules and regulations which shall be
submitted to the Congressional Oversight Committee for approval.
Rule 18.1.b. The regulatory agencies, the BSP, the SEC and the IC, pursuant to their
respective charters and regulatory powers, shall issue their anti-money laundering guidelines
and circulars to effectively implement the provisions of the AMLA.
Republic of the Philippines Code No. 9160 On Anti-Money Laundering Act Of 2001,
which is incorporated herein by reference, provides for the prevention of money laundering:
Rule 18.2. Anti-Money Laundering Program.
Rule 18.2.a. The Covering Entities shall develop their respective AML Procedures
consistent with Section 9 and other relevant provisions of the AMLA and these Regulations,
including without limitation, AMLA and these Rules, and to provide training to responsible
officers and employees of Covered Entities in accordance with guidelines prescribed by
applicable supervisors. Each Covered Institution shall submit its own anti-money laundering
program to the applicable supervisor within such non-renewable period as the supervisor may
impose in the exercise of its regulatory powers under its own charter.
Rule 18.2.b. Each anti-money laundering program must establish detailed procedures
that implement a comprehensive institution-wide "know-your-customer" policy; provide for
the effective dissemination of information regarding money laundering activities and their
prevention, detection, and reporting; adopt internal policies, procedures, and controls;
designate a compliance officer at the senior management level; establish appropriate
screening and hiring procedures; and establish an audit function to test the system.
Rule 18.2.c. Covered institutions will adopt, as part of their anti-money laundering
program, a system for flagging and monitoring transactions that qualify as suspicious
transactions, regardless of amount, or covered transactions involving amounts below the
threshold, to facilitate the process of collecting them for the purpose of future reporting of
such transactions to the AMLC when their aggregate amount exceeds the threshold. All
covered institutions, including banks with respect to non-deposit taking and non-government
bond investment transactions, must incorporate into their anti-money laundering programs
the provisions of this Rule and other policies for reporting to the AMLC all transactions that
give rise to a reasonable belief that a money laundering violation is imminent, is occurring, or
has been committed.

Law Regulations in Malaysia

Law of Malaysia Act 613, approved by the King on June 25, 2001, published in the
Official Gazette on July 5, 2001 and enacted into law in January 2002, known as the Anti-
Money Laundering Act 2001 (AMLA) or the Prevention of Haram Money Laundering Act.
Malaysia is not a regional money laundering center. Its informal and formal financial sectors
are highly vulnerable to drug traffickers, terrorist financing, and criminal elements. Since
2000, Malaysia has made significant progress in enacting anti-money laundering legislation.
Malaysia's National Coordinating Committee on Money Laundering (NCC), comprising 13
government agencies, supervised the drafting of Malaysia's Anti-Money Laundering Act
2001 (AMLA) and coordinates government anti-money laundering agencies.
A financial intelligence unit, the Financial Intelligence Unit (FIU), has also been
established. The FIU is located within the central bank, Bank Negara Malaysia (BNM).
Receiving and investigating financial intelligence is the role of the FIU.. The FIU works with
more than twelve other agencies to identify and investigate suspicious transactions. A good
regulatory framework is in place in the Government of Malaysia (GOM), including licensing
and examination systems that can regulate financial institutions.. There is currently a
Memorandum of Understanding (MOU) on mutual legal assistance between the Malaysian
FIU and the Indonesian FIU (PPATK). It is expected to be able to anticipate the development

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of the legal needs of the community in order to effectively prevent and eradicate any form of
criminal acts of money laundering, which is very harmful to government finances in
particular and society in general. The eradication of money laundering is one of them by
regulating the provisions of witness protection, which is related to the effectiveness or not of
the arrangements to provide witness protection contained in the Money Laundering Law of
2001 (AMLA) in a bid to tackle the problem of money laundering in Indonesia.
The crime of money laundering in Malaysia is regulated by the Anti-Money
Laundering and Combating the Financing of Terrorism Act 2001. The Act not only regulates
the crime of money laundering, but also regulates the crime of terrorism, which is an
advantage of the Malaysian law. Terrorism is made an integral part of the Money Laundering
Act because Malaysia itself does not yet have laws on terrorism, because the crime of
terrorism is a new crime that threatens the security of the state. Terrorists themselves acquire
wealth from proceeds of other crimes, proceeds of this wealth are used to commit acts of
terrorism such as purchasing explosives or weapons, and wealth acquired after committing
acts of terrorism, proceeds of these criminal acts are used to commit other crimes, etc.
Therefore, Malaysia has included anti-terrorism in the Money Laundering Act.

CONCLUSION
Transnational crime is an inevitable trend in the age of globalization. The borders
between countries are becoming increasingly blurred. This era of globalization is
complemented by advances in telematics technology, which not only makes it easier for
people to communicate across countries, but also makes it easier to commit transnational
crimes. One form of transnational crime that is of great concern to various countries is money
laundering. Money laundering is the act of processing the proceeds of criminal activity in
order to disguise the source of the illegal activity and to convert the profits of illegal and
corrupt activities into assets that appear to be legitimate. In the context of law enforcement,
the term money laundering is not a simple concept, but rather very complicated, because the
problem is so complex that it is quite difficult to formulate its legal offenses (criminalization)
objectively and effectively. This is reflected in the limitations of understanding, which are
quite numerous and varied. Even in countries that have anti-money laundering regulations
(laws), the limitations of understanding (definition) are relatively not the same (different).
This is also the case among international institutions and organizations competent in the field
of prevention and eradication of money laundering.

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