Indicting Corporations with Money Laundering Charge

Thursday, 03 August 2017 , 14:00:00 WIB - Legal Tips

Illustration: Money Laundering (Junction Partners)

JAKARTA, GRES.NEWS - Aside individuals, corporations can also be indicted with money laundering charge. Law No.8/2010 on Money Laundering has detailed the crimes that can be connected with money laundering. They are:

1. Corruption, bribery, narcotics, psychotropic, smuggling of labor, immigrant smuggling, and crimes in the banking sector.

2. Crimes in the fields of capital market, insurance, customs and excise, human trafficking, illegal arms, terrorism, kidnaping, theft, embezzlement, fraud, gambling and prostitution.
3. In the field of taxation, forestry, environment, marine and fishery and other crimes punishable by imprisonment of four (4) years or more.

Corporations who commit one of these crimes can be subject to money laundering charge. Article 6 paragraph (1), (2) stipulates:

Should Money Laundering be committed, as mentioned in Paragraph 3, 4 and 5, by a corporation, the punishment may be imposed on the corporation and/or the Personnel in Charge.

Paragraph (2)

The crime can be imposed on the Corporation should the Money Laundering:

a. be committed or instructed by the Personnel In Charge of the Corporation

b. be committed as a measure to meet the intentions and objectives of the Corporation.
c. be committed in accordance with the tasks and function of the person who committed the crime.
d. be committed to give benefits to the Corporation.