Law No. 8 of 2010 On Prevention and Eradication of Money Laundering (MoF)
Law No. 8 of 2010 On Prevention and Eradication of Money Laundering (MoF)
Law No. 8 of 2010 On Prevention and Eradication of Money Laundering (MoF)
REGARDING
and
BE IT HEREBY RESOLVED:
CHAPTER I
GENERAL PROVISION
Article 1
Article 2
(1) Result of the criminal action shall be the Assets acquired from the
criminal actions as follow:
a. corruption;
b. bribery;
c. narcotic;
d. psychotropic;
e. labor smuggling;
f. immigrant smuggling;
g. criminal action in banking;
h. criminal action in capital market;
i. criminal action in insurance;
j. customs;
k. excise;
l. human trafficking;
m. trade of illegal fire arm;
n. terrorism;
o. kidnapping;
p. burglary;
q. embezzlement;
r. fraud;
s. money counterfeiting;
t. gambling;
u. prostituting;
v. criminal action in taxation;
w. criminal action in forestry;
x. criminal action in environment;
y. criminal action in marine and fishery;
z. other criminal actions of which is treated with the imprisonment
for 4 (four) years or more.
of which is committed in the territory of the Republic of Indonesia
and in the outside of the territory of the Republic of Indonesia and
such criminal action is the criminal action according to the
Indonesian Law.
(2) Assets of which are recognized or of which are reasonably alleged to
be used and/ or directly or indirectly used for the terrorism activity,
terrorism organization, or individual terrorism shall be equalized as
the result of criminal action as set forth in section (1) point n above.
CHAPTER II
Article 3
Article 4
Article 5
(1) Anyone, who accepts or who takes the control on placement, transfer,
payment, grant, deposit, exchange, or utilizes the Assets of which are
known by him or of which are reasonably alleged as the result of the
criminal action, as set forth in Article 2 section (1), shall be subject to
be sentenced with the imprisonment for no longer than 5 (five) years
and fine for no more than Rp1.000.000.000, 00 (one billion rupiah).
(2) Provision as set forth in section (1) above shall not be applicable for
the Reporter Party who carries out the obligation of report as set forth
herein.
Article 6
(1) In the event that Corporation commits the criminal crime of Money
Laundering as set forth in Article 3, Article 4, and Article 5, the
sentence shall be subject to the Corporation and/ or Corporation
Control Personnel.
(2) Sentence shall be subject to the Corporation in the event that the
criminal action of Money Laundering:
a. is committed or ordered by the Corporation Control Personnel;
b. is committed in the framework of the objectives and purposes of
the Corporation;
c. is committed in according with the function of perpetrator or the
person who give the order; and
d. is committed to give benefit for the Corporation.
Article 7
(2) In addition, other than fine sentence as set forth in section (1) above,
against the Corporation shall also be sentenced with additional
sentence as follow:
a. announcement of judge’s verdict;
b. suspension on the overall or partial business activity of the
Corporation;
c. revocation of the business license;
d. dissolution or restriction of the Corporation;
e. Confiscation of the Corporation’s assets for the State; and/ or
f. Corporation takeover by the State.
Article 8
In the event the convict’s Asset is insufficient to pay the fine sentence as
set forth in Article 3, Article 4, and Article 5 above, such fine sentence
shall be substituted with imprisonment sentence for no longer than 1
(one) year and 4 (four) months.
Article 9
(1) In the event that the Corporation is incapable to pay fine sentence
as set forth in Article 7 section (1), such fine sentence shall be
substituted with the confiscation of Corporation’s Assets or
Corporation Control Personnel’s Assets whose value is equal to the
fine sentence verdict of which is imposed.
(2) In the event that the selling of the confiscated Corporation’s Assets
as set forth in section (1) above is insufficient, the imprisonment
sentence in lieu fine sentence shall be imposed to the Corporation
Control Personnel with considering the paid fine.
Article 10
Anyone who are in or outside of the territory of the Unitary State of the
Republic of Indonesia who participates in committing the attempts,
assistances, or Conspiracy to commit criminal action of Money Laundering
shall be subject to be sentenced with the equal sentence as set forth in
Article 3, Article 4, and Article 5.
CHAPTER III
Article 11
Article 12
Article 13
In the event that the convict is incapable to pay the fine sentence as set
forth in Article 12 section (5), such fine sentence shall be substituted with
the imprisonment sentence for no longer than 1(one) year 4 (four) months.
Article 14
Article 15
Article 16
Part First
THE PRESIDENT
OF THE REPUBLIC OF INDONESIA
Article 17
Part Second
Article 18
a. User identification;
b. User verification; and
c. performing monitoring to the User’s transaction.
(6) In the event that the Supervisory and Regulatory Agency has not been
available, the provision regarding on the principle of Know the User
and its supervision shall be set with the Regulation of the Chairman of
PPATK.
Article 19
(1) Anyone who performs transaction with the Reporting Party shall be
obliged to provide the correct identity and information of which are
required by the Reporting Party and at least includes personal identity,
source of fund, and purpose of the Transaction through filling the form
of which is provided by the Reporting Party and attaching the
supporting Document.
(2) In the event that such Transaction is made for the other party, Anyone
as set forth in section (1) shall be obliged to provide information
regarding on the personal identity, source of fund, and purpose of the
Transaction of the other party in question.
Article 20
(1) The Reporting Party shall be obliged to know that the User who
performs the Transaction with the Reporting Party is acting for him/
herself or for and on behalf of the other.
(2) In the event that the Transaction is made for him/ herself or for and
on behalf of the other, the Reporting Party shall be obliged to request
for the information regarding on the identity and supporting Document
from the User and the other in question.
(3) In the event that the identity and/ or supporting Document of which is
provided as set forth in section (2) is incomplete, the Reporting Party
shall be obliged to refuse the Transaction with such person.
Article 21
Article 22
(1) Financial service provider as set forth in Article 17 section (1) point a,
shall be obliged to terminate the business relationship with the User in
the event that:
a. the User refuses to apply the principle of Know the User; or
b. the financial service provider questions the validity of the
information provided by the User.
THE PRESIDENT
OF THE REPUBLIC OF INDONESIA
(2) The financial service provider as set forth in section (1) shall be obliged
to report to the PPATK regarding on such business relationship
termination as the Suspicious Financial Transaction.
Part Third
Report
Paragraph 1
The User
Article 23
(1) The financial service provider as set forth in Article 17 section (1) point
a, shall be obliged to report to the PPATK of which includes:
a. Suspicious Financial Transaction;
b. Cash Financial Transaction in sum of Rp500.000.000, 00 or in
foreign currency whose value is equal, which is made in single-
time Transaction or in several-time Transaction within 1 (one)
working day; and/ or
c. fund transfer Financial Transaction from and/ or to the abroad.
(2) The change on the amount of Cash Financial Transaction as set forth
in section (1) point b above shall be stipulated with the Decree of the
Chairman of PPATK.
(3) The amount of fund transfer Financial Transaction of which is obliged
to be reported, as set forth in section (1) point c above shall be set with
the Regulation of the Chairman of PPATK.
(4) Report obligation towards the Cash Financial Transaction as set forth
in section (1) point b shall be excluded towards:
a. Financial Transaction of which is made between the financial
service provider and the central bank and the government;
b. Transaction for the payment of salary and pension; and
c. other Transaction of which is stipulated by the Chairman of
PPATK or upon the request of the financial service provider that
is agreed by the Chairman of PPATK.
(5) Report obligation as set forth in section (1) point b shall not be
applicable for the excluded Transaction.
Article 24
(1) The financial service provider shall be obliged to make and store list of
the excluded Transaction as set forth in Article 23 section (4).
(2) The financial service provider who does not make and store list of the
excluded Transaction as set forth in section (1) above shall be subject
to the administrative penalty.
Article 25
Article 26
(3) The postponement as set forth in section (1) above shall be recorded in
the minute of postponement of Transaction.
(4) The financial service provider provides the copy of minute of
postponement of Transaction to the User.
(5) The financial service provider shall be obliged to report the
postponement of the Transaction to PPATK through attaching the
minute of postponement of Transaction within no longer than 24
(twenty-four) hours since postponement of Transaction is occurred.
(6) After receiving the report on the postponement of Transaction as set
forth in section (5) above, PPATK shall be obliged to ensure that the
implementation of the Transaction postponement is implemented in
according with this Law.
(7) In the event that the postponement of Transaction is performed until
the fifth working day, the financial service provider should decide to
implement or to refuse the Transaction.
Paragraph 2
Article 27
(1) The goods and/ or service provider as set forth in Article 17 section (1)
point b, shall be obliged to submit the report of Transaction that is
performed by the User using currency of Rupiah and/ or foreign
currency whose value is at least or the equal to Rp500.000.000, 00
(five hundred million rupiahs) to PPATK.
(2) Transaction report as set forth in section (1) above, shall be submitted
within 14 (fourteen) working days since the Transaction is occurred.
(3) The goods and/ or services provider who does not submit the
Transaction report as set forth in section (1) and section (2), shall be
subject to the administrative penalty.
THE PRESIDENT
OF THE REPUBLIC OF INDONESIA
Paragraph 3
Article 28
Article 29
Unless there are the elements of the abuse of authority, the Reporting
Party, officials, and its employees could not be prosecuted, either civil or
criminal, upon the implementation of report obligation in accordance with
this Law.
Article 30
Compliance Supervision
Article 31
Article 32
In the event that the Supervisory and Regulatory Agency finds the
Suspicious Financial Transaction of which is not reported by the
Reporting Party to PPATK, the Supervisory and Regulatory Agency
immediately submits such finding to PPATK.
Article 32
CHAPTER V
Article 33
(1) Anyone who transports cash in the currency of Rupiah and/ or foreign
currency, and or other payment instrument in the form of check,
traveler check, promissory note to pay, bank draft at least
Rp100.000.000, 00 (one hundred million rupiahs) or the equal, into
the inside or to the outside of the Customs Area, shall be obliged to be
notified to the Directorate General of Customs.
(2) The Directorate General of Customs shall be obliged to make report on
the transportation of cash and/ or other payment instrument as set
forth in section (1) and submits to the PPATK within no longer than 5
(five) working days since the notification is received.
(3) PPATK could request additional information from the Directorate
General of Customs regarding on the transportation of cash and/ or
other payment instrument as set forth in section (1).
Article 35
(1) Anyone who does not report the transportation of cash and/ or other
payment instrument as set forth in Article 34 section (1) above, shall
be subject to administrative penalty in the form of fine as much as
10% (ten percent) from the overall amount of the transported cash
and/ or other payment instrument with the maximum amount
Rp300.000.000, 00 (three hundred million rupiahs).
(2) Anyone who has notified the transportation of cash and/ or other
payment instrument as set forth in Article 34 section (1), but amount
of the transported cash and/ or other payment instrument is larger
than the amount of which has been notified, shall be subject to the
administrative penalty in the form of fine as much as 10% (ten
percent) from the excess amount of the transported cash and/ or the
other payment instrument with the maximum amount as much as
Rp300.000.000.000, 00 (three hundred million rupiahs).
THE PRESIDENT
OF THE REPUBLIC OF INDONESIA
(3) Administrative penalty as set forth in section (1) and section (2) of
which is associated with the transportation of cash could be taken
directly from the transported cash and shall be deposited to the State’s
treasury by the Directorate General of Customs.
(4) Directorate General of Customs should make the report on the
imposition of administrative penalty as set forth in section (1) and
section (2) and submits it to PPATK within no longer than 5 (five)
working days since administrative penalty is imposed.
Article 36
CHAPTER VI
Part First
Status
Article 37
(1) During performing its duty and authority, PPATK shall be independent
and free from intervention and influence any power.
(2) PPATK shall be responsible to the President.
(3) Anyone shall be prohibited to perform intervention whatsoever towards
the implementation of duty and authority of PPATK.
(4) PPATK shall be obliged to refuse and/ or to neglect intervention
whatsoever from the parties whosoever in the framework of
implementing its duty and authority.
Article 38
(1) PPATK shall be domiciled at the Capital City of the Unitary State of the
Republic of Indonesia.
(2) In the event that it is required, PPATK could open representative office
in the region.
Part Second
Article 39
The duty of PPATK shall be to prevent and to eradicate the criminal action
of Money Laundering.
Article 40
During performing its duty as set forth in Article 39 above, PPATK has the
functions as follow:
a. prevention and eradication of the criminal action of Money
Laundering;
THE PRESIDENT
OF THE REPUBLIC OF INDONESIA
Article 41
Article 42
Article 43
Article 44
Article 45
Article 46
THE PRESIDENT
OF THE REPUBLIC OF INDONESIA
Part Third
Accountability
Article 47
(1) PPATK makes and submits its report of the implementation of duty,
function, and authority periodically at every 6 (six) months.
(2) Report as set forth in section (1) above shall be submitted to the
President and the House of Representative.
Part Fourth
Organizational Structure
Article 48
Article 49
Article 50
Chairman of the PPATK shall be the person in charge who leads and
control the implementation of duty, function, and authority of PPATK.
Article 51
Article 52
Article 53
Article 54
Article 56
Article 57
Article 58
Article 59
Chairman of PPATK could appoint the expert staff for no more than 5 (five)
persons to provide considerations concerned with certain problems in
accordance with the respective skill.
Article 60
Part Fifth
Article 61
Article 62
THE PRESIDENT
OF THE REPUBLIC OF INDONESIA
Part Sixth
Finance
Article 63
CHAPTER VII
Article 64
Article 65
Article 66
Article 67
THE PRESIDENT
OF THE REPUBLIC OF INDONESIA
(1) In the event that there is no one/ or the third party who proposes for
the objection within 20 (twenty) days since the date of temporary
discontinuity of Transaction, PPATK submits the handling of Assets of
which are known or are reasonably alleged the result of criminal crime
to the investigator to be investigated.
(2) In the event that the alleged as perpetrator of the criminal crime is not
found within 30 (thirty) days, the investigator could propose to the
local court to decide such Assets as the State’s treasury or returned to
the entitled person.
(3) The Court as set forth in section (2) should decide within 7 (seven)
days.
CHAPTER VIII
IN THE TRIAL
Part First
General
Article 68
Article 69
Article 70
Article 71
Article 72
(1) For the purpose of interest of the examination of the case of criminal
action of Money Laundering, the investigator, persecuting attorney, or
judge shall be authorized to request the Reporting Party to provide the
written explanation regarding on the Assets:
a. from Anyone who has been reported by PPATK to the
investigator;
b. from the suspect; or
c. from the defendant.
(2) During requesting the explanation as set forth in section (1), for the
investigator, persecuting attorney, or judge shall not be applicable the
provision on the bank confidentiality and other confidentiality of
Financial Transaction.
(3) The order of investigator, prosecuting attorney, or judge as set forth in
section (1), shall be implemented in written and clearly included
regarding on matters as follow:
a. name and designation of the investigator, persecuting attorney,
or judge;
THE PRESIDENT
OF THE REPUBLIC OF INDONESIA
Article 73
Part Second
Investigation
Article 74
Article 75
In the event that the investigator find the sufficient initial evidence on the
presence of the criminal action of Money Laundering and the origin
criminal action, the investigator combines the criminal action of Money
Laundering and the origin criminal action and notifies to PPATK.
Part Third
Prosecution
Article 76
(1) The prosecuting attorney shall be obliged to submit the file of the case
of criminal action of Money laundering to the district court within no
THE PRESIDENT
OF THE REPUBLIC OF INDONESIA
longer than 30 (thirty) working days since the file of the case is
received of which is declared complete.
(2) In the event that the prosecuting attorney has submitted the file of
case to the district court, as set forth in section (1) above, the chief of
district court shall be obliged to establish the panel of judges for such
case within no longer than 3 (three) working days since such file of
case is received.
Part Fourth
Article 77
For the interest of the examination in the trial, the defendant shall be
obliged to evidence that his/ her Assets is not the result of criminal action.
Article 78
(1) When the examination in the trial as set forth in Article 77 above, the
judge orders the defendant in order to evidence that his/ her Assets
are not from or are not associated with the criminal action as set
forth in Article 2 section (1).
(2) The defendant evidences that his/ her Assets are not from or are not
associated with the criminal action as set forth in Article 2 section (1)
through proposing the sufficient items of evidences.
Article 79
(1) In the event that the defendant has been legally and reasonably
invited, is absence in the trial without legal reasons, the case could
be examined and decided without the presence of the defendant.
(2) In the event that the defendant is presence in the subsequence trial
before the verdict is decided, the defendant shall be obliged to be
examined and all explanation of the witness and letters of which are
read in the previous trial shall be considered as of which are
currently spoken.
(3) The verdict of which is decided without the presence of the defendant,
shall be announced by the prosecuting attorney on the court notice
board, office of local administrative, or notified to his/ her lawyer.
(4) In the event that the defendant passed away before the verdict is
decided and there are the evidence of which strong enough that the
defendant has committed the criminal action of Money Laundering,
upon the demand of prosecuting attorney the judge decides to
perform confiscation against the asset confiscated.
(5) The establishment of confiscation as set forth in section (4) could not
be applied of legal effort.
(6) Anyone with an interest can apply for the objection the court of which
has decided the establishment as set forth in section (5) above, within
30 (thirty) days since the announcement date as set forth in section
(3).
Article 80
(1) In the event that the judge decides the verdict as set forth in Article
79 section (3), the defendant could apply for the appeal.
THE PRESIDENT
OF THE REPUBLIC OF INDONESIA
(2) The application for appeal as set forth in section (1) should be made
directly by the defendant within 7 (seven) days after the verdict is
spoken.
Article 81
In the event that it is obtained the evidence that strong enough that there
is still the Asset of which have not been confiscated, the judge orders the
persecuting attorney to perform the confiscation against the Assets in
question.
Article 82
CHAPTER IX
Article 83
Article 84
(1) Anyone who reports the allegation of the criminal crime of Money
Laundering shall be entitled to be provided special protection by the
state from the possibility threat(s) of which is endanger their self, life,
and/ or their assets, including their family.
(2) Provision regarding on the provision special protection, as set forth in
section (1) above, shall be set in the law and regulation.
Article 85
(1) In the trial, the witness, prosecuting attorney, judge, and other people
who associated with the criminal action of Money Laundering, who are
in the examination shall be prohibited to mention the name of reporter
or other matters that possibly disclose the identity of reporter.
(2) In every trial, before the hearing is commenced, the judge shall be
obliged to remind the witness, prosecuting attorney, and other people
of which associated with the hearing of such case regarding on the
prohibition as set forth in section (1) above.
Article 86
(1) Anyone who testifies in the hearing of the criminal crime of Money
Laundering shall be entitled to be provided special protection by the
state from the possibility threat(s) of which is endanger their self, life,
and/ or their assets, including their family.
(2) Provision regarding on the provision special protection, as set forth in
section (1) above, shall be set in the law and regulation.
THE PRESIDENT
OF THE REPUBLIC OF INDONESIA
Article 87
(1) The reporter and/ or witness could not be prosecuted in either civil or
criminal due to the report and/ or the testimony of which is provided
by them.
(2) The witness who provides fake testimony on oath shall be subject to
the sentenced in accordance with the provision of the Book of Criminal
Law.
CHAPTER X
Article 88
Article 89
Article 90
Article 91
(1) For the purpose of preventing and eradicating the criminal action of
Money Laundering, mutual assistance in the criminal matters with
other countries through bilateral and multilateral forum is required in
accordance with the provision of law and regulation.
(2) Mutual assistance partnership, as set forth in section (1) above, in the
event that countries in question have entered into the agreement of
mutual assistance partnership with the Unitary State of the Republic
of Indonesia or on the basis of reciprocity.
Article 92
CHAPTER XI
MISCELLEANEOUS PROVISION
Article 93
CHAPTER XII
TRANSITIONAL PROVISION
Article 94
Article 95
CHAPTER XIII
CLOSING PROVISION
Article 96
Article 97
Article 98
THE PRESIDENT
OF THE REPUBLIC OF INDONESIA
Article 99
When this Law comes into force, Law Number 15 Year 2002 on the
Criminal Action of Money Laundering (State Gazette of the Republic of
Indonesia Year 2002 Number 30, Supplement of the State Gazette of the
Republic of Indonesia Number 4191) as has been amended with Law
Number 25 Year 2003 on the Amendment of Law Number 15 Year 2000 on
the Criminal Action of Money Laundering (State Gazette of the Republic of
Indonesia Year 2003 Number 108, Supplement of the State Gazette of the
Republic of Indonesia Number 4324), shall be revoked and declared that
they are not applicable.
Article 100
This Law shall come into force since the enactment date.
Signed,
DR. H. SUSILO BAMBANG YUDHOYONO
Promulgated in Jakarta
On October 22th, 2010
MINISTER OF JUSTICE AND HUMAN RIGHT OF
THE REPUBLIC OF INDONESIA
Signed,
PATRIALIS AKBAR
THE PRESIDEN
OF THE REPUBLIC OF INDONESIA
THE EXPLANATION
OF
ON
I. GENERAL
The tracing of Assets of which are the result of criminal action of Money
Laundering commonly conducted by the financial institutions through the
mechanism in accordance with the provision of law and regulation. The
Financial Institution has the significant role, particularly in implementing
the principle of Know the User and reports certain Transaction to the
authority (financial intelligence unit) as material of analysis henceforward
submitted to the investigator.
Financial institution does not only role in the law enforcement affairs, but
also protecting their self from the risks, which is operational, legal,
concentrated Transaction, and reputation as they are not utilized as facility
and target by the perpetrator of criminal action to laundry the money of
which are result of the criminal action. By the good risk management, the
financial institution will be capable to implement its function well, as result;
the financial system will be more stable and trustworthy.
Efforts that have been made are considered has not been optimum, such as
the existed law and regulation still provide space on the arise of different
interpretation, the existence of legal gap, inappropriate in the imposition of
penalty, shifting the evidentiary burden, lack of information access, the
limited scope or the reporting party and type or report, and lack of clarity on
the duty and authority of the implementer of this Law.
Article 1
Self-explanatory
Article 2
Section (1)
Point a
Self-explanatory
Point b
In this section, “bribery” means the bribery as set forth in
the law on the criminal action of bribery.
Point c
Self-explanatory
Point d
Self-explanatory
Point e
In this section, “the labor smuggling” means labor smuggling
as set forth in the law on the placement of the Indonesian
Labor in abroad.
Point f
In this section, “the migrant smuggling” means migrant
smuggling as set forth in the law on immigration.
Point g
Self-explanatory
Point h
Self-explanatory
Point i
Self-explanatory
Point j
Self-explanatory
Point l
In this section, “Human trafficking,” means the human
trafficking as set forth in the Book of Criminal Law and law
on the eradication of the criminal action of human
trafficking.
Point m
In this section, “illegal firearm trading” means the illegal
firearm trading as set forth in the Emergency Law Number
12 Year 1951 on the amendment of Ordonnantietidjelijke
THE PRESIDENT
OF THE REPUBLIC OF INDONESIA
Point o
Self-explanatory
Point p
Self-explanatory
Point r
Self-explanatory
Point s
Self-explanatory
Point t
Self-explanatory
Point u
In this section, “prostitution” means the prostitution as set
forth in the Book of Criminal Law and the law on the
eradication of the criminal action of human trafficking.
Point v
Self-explanatory
Point w
Self-explanatory
Point x
Self-explanatory
Point y
Self-explanatory
Point z
Self-explanatory
Section (2)
Self-explanatory
Article 3
Self-explanatory
Article 4
Self-explanatory
Article 5
Section (1)
In this section, “reasonably alleged” means the condition of which
meets at least know how, willing, or aim at the known Transaction
of which indicates the existence of lawlessness.
THE PRESIDENT
OF THE REPUBLIC OF INDONESIA
Section (2)
Self-explanatory
Article 6
Section (1)
The corporation shall include also the organized group, which is
the structured group consists of 3 (three) or more people, which
existence for certain period, and acting for committing one or more
criminal actions of which are regulated in this Law, with the aims
to obtain financial or non-financial interest directly or indirectly.
Section (2)
Self-explanatory
Article 7
Self-explanatory
Article 8
Self-explanatory
Article 9
Self-explanatory
Article 10
Self-explanatory
Article 11
Section (1)
This provision includes as the provision as the confidentiality of
the position.
Section (2)
Self-explanatory
Section (3)
Self-explanatory
Article 12
Section (1)
This provision shall be recognized as “ anti-tipping off”. This
provision shall be intended in order to the User does not transfer
the Asset so that it does not complicate the law enforcement
apparatus to trace the User and Assets in question.
Section (2)
Self-explanatory
Section (3)
The provision “anti-tipping off” shall also apply for the officials and
PPATK’s employees, as well the officials and employees of the
Supervisory and Regulatory Agency to prevent the User who is
alleged as the perpetrator of the criminal action escapes and the
Assets in question is transferred so that it complicates the
investigation process of criminal action.
Section (4)
Self-explanatory
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OF THE REPUBLIC OF INDONESIA
Section (5)
Self-explanatory
Article 13
Self-explanatory
Article 14
Self-explanatory
Article 15
Self-explanatory
Article 16
Self-explanatory
Article 17
Section (1)
Point a
In this section, including into the definition of “financial
service provider” is Anyone who provide service in the field of
financial or other services associated with the financial either
formally or informally.
Point b
In this section, “goods and/ or other service provider”
includes licensed or non-licensed.
Section (2)
Self-explanatory
Article 18
Section (1)
Self-explanatory
Section (2)
Applying the principle of Know the User means Customer Due
Dilligence (CDD) and Enhanced Due Dilligence (EDD) as set forth in
the Recommendation number 5 of the Financial Action Task Force
(FATF) on the Criminal Action of Money Laundering.
Section (3)
Self-explanatory
Section (4)
Self-explanatory
Section (5)
Point a
User Identification means including the update of User data.
Point b
Self-explanatory
Point c
Self-explanatory
Section (6)
Self-explanatory
THE PRESIDENT
OF THE REPUBLIC OF INDONESIA
Article 19
Self-explanatory
Article 20
Self-explanatory
Article 21
Section (1)
Self-explanatory
Section (2)
Self-explanatory
Section (3)
In this section, “the provision of law and regulation” means the
regulation of which is issued by the Supervisory and Regulatory
Agency such as Regulation of Bank Indonesia (PBI) and Regulation
of the Finance Minister (PMK).
Article 22
Section (1)
In this section, “business relationship” includes checking account.
Section (2)
Self-explanatory
Article 23
Section (1)
Point a
Basically, the Suspicious Financial Transaction is initiated
with Transactions as follow:
1) does not have the clear business and financial objective;
2) using relatively large amount of cash and/ or it is
conducted repeatedly beyond the limits of fairness; or
3) customer’s activity is conducted beyond the ordinary and
fairness Transaction.
In the event that such unfairness Transactions meet the
criteria as set forth in section (1) number 2), such
Transaction shall be classified as the Suspicious Financial
Transaction and shall be obliged to be reported. Otherwise,
against beyond the ordinary and fairness of Transaction or
activity as mentioned above, the financial service provider
shall be required to provide special attention against all
complex Transactions, unusual in large amount, and all
uncommon Transaction patterns, which has not the clear
economic reason and there is not legal objective. The
background of such transaction should be, as long as
possible examined, all findings obtained should be recorded,
and be available to assist the authorized party and auditor.
Point b
Self-explanatory
Point c
Self-explanatory
THE PRESIDENT
OF THE REPUBLIC OF INDONESIA
Section (2)
Self-explanatory
Section (3)
Self-explanatory
Section (4)
Point a
Transaction whit the government means the Transaction of
which utilizes the government account, and it is made for
and on behalf of the government, which is the central
government, local government, ministries, non-ministry
institutions or other governmental agencies, but including
the state/ local owned enterprise.
Point b
Self-explanatory
Point c
“Other Transaction” shall be the excluded Transactions in
accordance with their characteristics are always conducted
in cash and large amount, such as routine payment of the
toll road operator or the payment made by the supermarket
operator.
Section 5
Self-explanatory
Article 24
Section (1)
This provision shall be intended in order to the data or information
regarding on such excluded Transactions could be examined by
PPATK for the purpose of analysis.
Section (2)
Self-explanatory
Article 25
Section (1)
This provision shall be intended in order to the financial service
provider can immediately report the Suspicious Financial
Transaction, so that the Assets of which allegedly come from the
criminal action and the perpetrator of Money Laundering can be
traced. The elements of Suspicious Financial Transaction shall be
THE PRESIDENT
OF THE REPUBLIC OF INDONESIA
Section (2)
Self-explained
Section (3)
Self-explained
Section (4)
Self-explanatory
Section (5)
Self-explanatory
Article 26
Section (1)
Self-explanatory
Section (2)
Self-explanatory
Section (3)
Self-explanatory
Section (4)
Self-explanatory
Section (5)
Self-explanatory
Section (6)
Self-explanatory
Section (7)
It means that, at the fifth day of postponement of Transaction
performed, the financial service provider should decide to perform
or to refuse the Transaction.
Article 27
Self-explanatory
Article 28
Self-explanatory
Article 29
In this Article, “prosecuted in civil,” means such as compensation claims.
While, “prosecuted in criminal” means such as defamation claims.
Article 30
Self-explanatory
Article 31
Section (1)
Therefore, for the Reporting Party who has had the Supervisory
and Regulatory Agency, there are 2 (two) ways of Compliance
THE PRESIDENT
OF THE REPUBLIC OF INDONESIA
Section (2)
Self-explanatory
Section (3)
Self-explanatory
Section (4)
Self-explanatory
Article 32
Self-explanatory
Article 33
Self-explanatory
Article 34
Section (1)
Check, traveler check, promissory note to pay, bank draft of which
is recognized as Bearers Negotiable Instruments.
Section (2)
Self-explanatory
Section (3)
Self-explanatory
Article 35
Self-explanatory
Article 36
Self-explanatory
Article 37
Section (1)
Self-explanatory
Section (2)
Self-explanatory
Section (3)
In this section, “perform intervention whatsoever,” means action or
deed from the party whatsoever of which leads to reduce the
freedom of PPATK in performing its duty, function, and authority.
Section (4)
Self-explanatory
Article 38
Self-explanatory
Article 39
Self-explanatory
Article 40
Point a
Self-explanatory
THE PRESIDENT
OF THE REPUBLIC OF INDONESIA
Point b
Self-explanatory
Point c
Compliance Supervision shall be conducted by PPATK against the
Reporting Party of which has not possessed the Supervisory and
Regulatory Agency, or against the Reporting Party of which has
been transferred by the Supervisory and Regulatory Agency to
PPATK.
Point d
Self-explanatory
Article 41
Section (1)
Point a
In this section, “government institution” such as the
Directorate General of Taxation and the Center Development
of Accountant and Appraisal Services of the Ministry of
Finance, Directorate General of Common Law of the Ministry
of Justice and Human Right, National Land Agency.
Point b
Self-explanatory
Point c
Self-explanatory
Point d
Self-explanatory
Point e
Self-explanatory
Point f
Self-explanatory
Point g
Self-explanatory
Section (2)
The submission of data and/ or information from government
institution and/ or private institution does not require permit from
whatsoever party.
Section (3)
Self-explanatory
Article 42
THE PRESIDENT
OF THE REPUBLIC OF INDONESIA
Point b
Self-explanatory
Point c
Point e
Self-explanatory
Point f
Self-explanatory
Point g
Self-explanatory
Article 44
Section (1)
Point a
Self-explanatory
Point b
Self-explanatory
Point c
Self-explanatory
Point d
In this provision, the request for information from the foreign
law enforcement institution shall be conducted as long as it
does not disturb the national interest with due regard to the
provision of law and regulation on the foreign affairs and
international agreement.
THE PRESIDENT
OF THE REPUBLIC OF INDONESIA
Point e
Self-explanatory
Point f
Self-explanatory
Point g
Requesting for the information to the Reporting Party and
other party associated with the criminal action of Money
Laundering could be conducted through the special, audit
conducted either by PPATK itself or along with the
Supervisory and Regulatory Agency.
Point h
Self-explanatory
Point i
The request to postpone from PPATK to the financial service
provider on the overall or partial Transaction of which is
known, or of which is allegedly as the result of criminal
action, shall be conducted for the purpose of examination.
Point j
Self-explanatory
Point k
Self-explanatory
Point l
Self-explanatory
Section (2)
Self-explanatory
Article 45
In this Article, “confidentiality” means such as confidentiality of the
bank, confidentiality of non-bank, etc.
Article 46
Self-explanatory
Article 47
Section (1)
Self-explanatory
Section (2)
In the framework of the implementation of the function of
supervision, the House of Representative at any time shall be
entitled to request the report of PPATK.
Article 48
Self-explanatory
Article 49
Self-explanatory
THE PRESIDENT
OF THE REPUBLIC OF INDONESIA
Article 50
Self-explanatory
Article 51
Point a
Self-explanatory
Point b
Self-explanatory
Point c
Self-explanatory
Point d
Self-explanatory
Point e
Self-explanatory
Point f
Self-explanatory
Point g
Self-explanatory
Point h
In this provision, “other occupation” means any other occupation
that potentially disturbs influencing the implementation of duty
and results the conflict of interest.
Point i
Self-explanatory
Article 52
Self-explanatory
Article 53
Self-explanatory
Article 54
Self-explanatory
Article 55
Self-explanatory
Article 56
Self-explanatory
Article 57
Self-explanatory
Article 58
Self-explanatory
Article 59
Self-explanatory
THE PRESIDENT
OF THE REPUBLIC OF INDONESIA
Article 60
Self-explanatory
Article 61
Self-explanatory
Article 62
Self-explanatory
Article 63
Self-explanatory
Article 64
Section (1)
Self-explanatory
Section (2)
The Examination Result of PPATK is submitted to the Indonesian
National Police and the Attorney/ Attorney General of the Republic
of Indonesia and its copy shall be submitted to the other
investigator of which is in accordance with its authority under this
law.
Section (3)
In this provision, the partnership is also conducted among the
investigator of the origin criminal action who obtains the
Examination Result of PPATK.
Article 65
Section (1)
In this section, “to temporarily discontinue overall or partial
Transaction” means does not perform the Transaction of which is
known or of which is alleged as the result of criminal action.
Section (2)
Self-explanatory
Article 66
Self-explanatory
Article 67
Self-explanatory
Article 68
Self-explanatory
Article 69
Self-explanatory
Article 70
Self-explanatory
Article 71
Section (1)
The investigator, prosecuting attorney, or judge’s question shall be
in accordance with the phase of examination of which is
THE PRESIDENT
OF THE REPUBLIC OF INDONESIA
Section (2)
Letter of blocking request of which is submitted to the financial
service provider should be signed by:
a. coordinator of the investigator/ or head of investigator team
for the level of investigation;
b. chairman of the district attorney office for the level of
prosecution; and
c. head of panel judge for the level of hearing.
Section (3)
Self-explanatory
Section (4)
Self-explanatory
Section (5)
Self-explanatory
Section (6)
Self-explanatory
Article 72
Section (1)
Self-explanatory
Section (2)
In this section, “the provision of law and regulation” means include
also the provision regarding on the confidentiality of which is
applicable for the Reporter Party.
Section (3)
Self-explanatory
Section (4)
Self-explanatory
Section (5)
In the event that the chief of the Indonesian national police, the
chief of the provincial police command, head of institution, agency,
or commission, or the Attorney General, or head of provincial
attorney office is absence, the signing could be made by the
appointed official.
Section (6)
Self-explanatory
Article 73
Self-explanatory
Article 74
In this Article, “investigator of the origin criminal action” shall be the
officials from the institutions of which under the Law are provided the
THE PRESIDENT
OF THE REPUBLIC OF INDONESIA
Article 75
Self-explanatory
Article 76
Self-explanatory
Article 77
Self-explanatory
Article 78
Self-explanatory
Article 79
Section (1)
This provision shall be intended in order the prevention and
eradication efforts of the criminal action of Money Laundering
could be run smoothly in the implementation of hearing, as result
in the event that the defendant have been legally invited and he/
she is absence without legal reasons, such case remains be
examined without the presence of the defendant.
Section (2)
Self-explanatory
Section (3)
Self-explanatory
Section (4)
This provision shall be intended to prevent the heir(s) of the
defendant acquire the Assets of which are the result of the criminal
action. In addition, it is an effort to return the Assets for the state
treasury in the event that such criminal action adverse the state
finance.
Section (5)
Self-explanatory
Section (6)
Self-explanatory
Article 80
Section (1)
Self-explanatory
Section (2)
THE PRESIDENT
OF THE REPUBLIC OF INDONESIA
Article 81
Self-explanatory
Article 82
Self-explanatory
Article 83
Section (1)
In this Article, “the reporter” means anyone who acts in good faith
and voluntary reporting the criminal action of Money Laundering.
Section (2)
Self-explanatory
Article 84
Self-explanatory
Article 85
Self-explanatory
Article 86
Self-explanatory
Article 87
Self-explanatory
Article 88
Section (1)
In this section, “formal partnership” means such as memorandum
of understanding.
Section (2)
Self-explanatory
Article 89
Self-explanatory
Article 90
Self-explanatory
Article 91
Section (1)
In this section, “law and regulation” means the law of which
regulates the mutual assistance in the criminal affairs and law of
which is regulates the international agreement.
Section (2)
Self-explanatory
Article 92
Self-explanatory
THE PRESIDENT
OF THE REPUBLIC OF INDONESIA
Article 93
This provision shall be intended in order to the PPATK and other related
institutions could stipulate the provision in accordance with the progress
of international convention or international recommendation in the
prevention and eradication of the criminal action of Money Laundering or
the guidelines on the application program of anti-money laundering for
the financial service provider.
Article 94
Self-explanatory
Article 95
Self-explanatory
Article 96
Self-explanatory
Article 97
Self-explanatory
Article 98
Self-explanatory
Article 99
Self-explanatory
Article 100
Self-explanatory