E ISSN: 2583-049X

International Journal of Advanced Multidisciplinary Research and Studies

Volume 4, Issue 1, 2024

Punishment of Gatekeepers in Money Laundering Crimes

Author(s): Beren Rukur Ginting, Fanny Tanuwijaya, I Gede Widhiana Suarda


Gatekeeper is a term that is often applied to professional financial experts or legal experts because they have expertise, knowledge and access to the global financial system and have professional confidentiality so they are vulnerable to being used by money launderers to hide or disguise the origin of assets resulting from criminal acts. On the other hand, these professionals who are categorized as gatekeepers have been designated as Reporting Parties who are obliged to report Suspicious Financial Transactions to PPATK. It's just that the crime of money laundering is becoming more and more complex and complicated day by day, even in certain conditions it is not only carried out by the perpetrator alone, but also involves other parties or deelneming. Incidents of participation in money laundering criminal cases are vulnerable to professionals in the financial and legal fields. To find issues regarding the classification and actions of gatekeepers in money laundering activities, whether as active or passive actors, this research uses a normative juridical approach. The criminalization of money laundering is basically the act of hiding or disguising the origins of proceeds of crime as regulated in the provisions of Article 3 and Article 4 of Law no. 8 of 2010. Therefore, if the gatekeeper commits acts of concealment or disguise in money laundering activities, then this is an active act, so that the gatekeeper involved is included in the category of active TPPU perpetrator. Considering that the role of gatekeepers in money laundering activities is very crucial, there needs to be mutual awareness for both the professionals themselves and the Supervisory and Regulatory Institutions to always encourage the importance of implementing the principle of knowing your service users (Know Your Customer).

Keywords: Gatekeeper, Proceeds of Crime, Active Perpetrators

Pages: 48-53

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