INITIATING THE REGULATION OF ELECTRONIC CURRENCY AS EVIDENCE OF MONEY LAUNDERING IN INDONESIA
This study aims to examine (1) the existence and development of electronic currencies associated with indications of money laundering in Indonesia; (2) the regulatory conditions and concept of proving electronic currency associated with money laundering in Indonesia; (3) The concept of proving electronic currency in money laundering which provides more legal certainty. The research method used is empirical juridical with a statutory approach, concept approach, and case studies. The results showed that; (1) The existence and development of electronic currencies in Indonesia has a large market share in E-money activities or electronic transactions as well as an increasingly sophisticated money laundering mode. (2) Regulatory Conditions and Concept of Electronic Currency Proof Associated with Money Laundering in Indonesia Several laws that partially regulate the existence of electronic evidence, namely: Law Number 8 of 1997 concerning Company Documents; Law Number 2 of 2001 concerning Amendments to Law Number 31 of 1999 concerning the Eradication of Criminal Acts of Corruption; Law No. 15 of 2003 concerning the Stipulation of Government Regulations in Lieu of Law No. 1 of 2002 concerning the Eradication of Criminal Acts of Terrorism; Law No. 21/2007 on the Eradication of Trafficking in Persons; Law Number 8 of 2010 concerning Money Laundering. Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions (ITE Law). (3) The concept of proving electronic currency in money laundering that provides more legal certainty guarantees through 4 (four) proof systems, as follows: 1) Proof Based on Conviction in Time; 2) Positive statutory proof system (positief wettelijk bewijstheorie); 3) the system of proof based on the judge's conviction with logical reasons (la conviction raisonee); 4) Negative statutory proof system (negatief wettelijk). Furthermore, in handling money launderyng, further regulation should be regulated related to electronic currency as evidence as referred to in the Code of Criminal Procedure; and/or; b. Other evidence in the form of information spoken, sent, received, or stored electronically by optical or similar optical instruments and documents
Regulation, Currency, Electronic, Evidence, Criminal Act, Money Laundering, Indonesia.