JAKARTA - The Head of the Criminal Law Study Center at the Faculty of Law, Trisakti University, Maria Silvya E. Wangga, encourages the imposition of criminal charges against the former Deputy Attorney General for Special Crimes (Jampidsus) Febrie Adriansyah if he is proven to have committed a crime by abusing his position and authority.
According to Maria, this provision has been regulated in Article 58 paragraph (1) of the National Criminal Code which makes the abuse of office a weighting factor for the crime. Meanwhile, Article 59 of the National Criminal Code regulates the threat of criminal punishment for officials can be increased by one third of the maximum basic sentence.
"There is an opportunity to apply criminal charges against state organizers who commit crimes by abusing the authority or means provided because of their position," Maria said in a public review entitled "Abuse of Position, Position Crime, and Criminal Charges: Will it be applied to the former Jampidsus of the Attorney General's Office Febrie Adriansyah?" in Central Jakarta, Tuesday 21.
Maria explained that the alleged money laundering crime that was in the spotlight in the case was related to the disguise of assets with fantastic value. He said that the previous investigators seized assets estimated to be more than Rp. 540 billion in 12 locations, including cash in various foreign currencies, hundreds of billions of rupiah in the form of Singapore dollars and US dollars, as well as dozens of kilograms of gold bars.
According to him, the assets are suspected to be related to money laundering crimes originating from a number of major cases, namely the management of PT ASABRI investments, alleged corruption at PT Krakatau Steel, and the governance of coal supply for PLTU in the period 2018-2026.
Maria also highlighted the alleged use of a safe house scheme to hide cash outside the banking system, the practice of commingling or mixing criminal assets with legitimate assets, and the use of money changers as part of the layering process in money laundering.
"If this money is legal or legal, why not keep it in the bank?" he said.
He added that in cases of money laundering, owners of assets with wealth of unclear origin (unexplained wealth) can be asked to prove the source of their wealth through a limited burden of proof mechanism.
According to Maria, money laundering is a continuation of corruption which does not stop at the receipt of funds, but continues through the stages of placement, layering, and integration to disguise the origin of the proceeds of crime.
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