CRIMINAL LIABILITY OF BLACKMAILING AND MONEY LAUNDERING

Abstract

Blackmail is a crime against property, which only occurs when the person against whom the
violence was committed has lost control of the item. The main purpose of money laundering
is to change the proceeds of illegal crimes become legal. The attempts are disguising or hide
the origin of assets, hence they are not easily tracked by law enforcement officials. Explains
the notion of blackmail, which is a criminal offense from the crime of money laundering as
stated in Article 2 paragraph (1) letter z of Law No.8 of 2010 and the criminal liability. This
study uses a normative law statute approach and conceptual approach. The material used for
this paper is divided into primary material, which is taken form laws and regulations, and
secondary material from books and literature. The collected legal materials are analyzed
using judicial punishment to provide legal arguments. The responsibility for criminal acts of
extortion and money laundering by individuals is regulated in Articles 3, 4 and 5 of the UU
PPTPPU jo. Article 368 of the Criminal Code, and Article 29 jo. Article 45 paragraph (3)
ITE Law. Whereas corporate actors are regulated in Article 7 paragraph (1) of the UU
PPTPPU. The crime of blackmail followed by threats of violence constitutes a crime
regulated in Article 368 and Article 369 of the Criminal Code. Criminal responsibility of the
perpetrators of the crime of money laundering resulting from extortion of criminal sanctions
if the culprit is a person may be subject to the provisions in Article 3 of the UU PPTPPU
with a maximum imprisonment of 20 (twenty) years in prison and a maximum fine of Rp
10,000,000,000 (ten billion rupiahs). If the perpetrator is a corporation according to Article 7
paragraph (1) of the UU PPTPPU, the culprit may only be subject to a fine of up to a billion
rupiahs and an additional penalty would be given.