ML Indication Is Strong, It Is Normal For FPI's Account To Be Frozen

JAKARTA - The temporary suspension of transactions and activities of 87 accounts belonging to the Islamic Defenders Front (FPI) and its affiliates is a natural process because they are suspected of being related to criminal acts.

This was conveyed by a criminal law expert from the University of Indonesia, Indriyanto Seno Adji in a press release received by the media, Wednesday, January 13.

"This is indeed a fair process related to the pro justitia regarding the alleged predicate crime that is included in the category of the Money Laundering Criminal Act (TPPU)," said Indriyanto.

According to Indriyanto, usually when it is pro justitia, blocking proves that there is a strong suspicion that the funds are connected to TPPU or an early strong indication of TPPU.

"The coercive force action from pro justitia including blocking of accounts has an indication or initial evidence of TPPU's connection with predicate crimes. If it does not originate from TPPU, the court will return it to those entitled to ownership of the funds," said the former head of the Eradication Commission Corruption (KPK).

Meanwhile, a law lecturer from the University of Indonesia, Aristo Pangaribuan, assessed whether or not the temporary suspension of transactions and account activities of former FPI members was reasonable depending on the perspective.

Aristo confirmed that the PPATK analysis function includes terminating transactions.

"Then forward it to investigators. Remember, the crime of money laundering must have a predicate crime, it can only stand alone in the program, but not the anatomy of the crime. This means that it is related to what crime should be explained," said Aristo.

He also assessed that the blocking of the account could be related to an indication or preliminary evidence of TPPU. Aristo explained that the PPATK was not an investigator.

"He is only an investigator. This means that the PPATK should be in the framework of collecting information materials, and it cannot be said as evidence, but now his statement still seems vague," he said.

TPPU legal expert Yenti Garnasih also considered it reasonable to stop transactions and account activities of those former FPI people.

"In accordance with Article 70 of Law Number 8 Year 2010," he said.

In this case, said Yenti, investigators could order banks as reporting parties to postpone transactions against assets known or reasonably suspected of being the proceeds of crime.

"What is the outcome of the crime? In accordance with Article 2 paragraph (1), there are 26 types and all crimes with penalties of 4 years and more," he said.

Then in paragraph (2) he continued, assets that are known or suspected to be used and / or used directly or indirectly for terrorist activities, terrorist organizations, or individual terrorists are equated with criminal acts as referred to in paragraph (1) namely terrorism.

He added that if everything is carried out according to existing regulations, there is nothing wrong with the temporary suspension of transactions and account activities of former FPI people, even though they are later proven not to be the result of crimes.

"This is for the termination of the transaction. Under Article 45 it is not subject to secret rules and code of ethics. Yes," he said.