CRIMINAL LAW POLICY FOR THE ERADICATION OF MONEY LAUNDERING OFFENCES

Object of this study is to identify and analyze condemnation system and criminal responsibility for the perpetrator of money laundering crime. This research is normative research, that is research based on the study of policies and criminal sanctions on the Act No. 8 of 2010 regarding Countermeasure And Eradication Of Money Laundering. Approach of this study are statute approach and conceptual approach. Results of this study are: the condemnation system used in Act No. 8 of 2010 has different system with the general provisions in the Code of Criminal of Indonesia (KUHP) from the perspective of criminal punishment types (that are consist of death penalty, Prison, confinement, and imprisonment) and additional punishment in Indonesia Code of Criminal (KUHP) (that are consist of revocation of some rights, deprivation of some goods, and announcement judge’s decision). In Act No. 8 of 2010 there are two types of punishment, that are primary punishment (that are consist of prison and fines) and additional punishment (that are consist of announcement of judge’s decision, suspending part or all business activities of the Corporation, revocation of business licenses, dissolution and/or banning corporate, taking asset corporations for the State and / or, the takeover of the corporation for the State). This punishment shall apply only for the corporations. Form of condemnation system in Code of Criminal of Indonesia are general minimum and specific maximum. On the contrary form of condemnation system in Act No 8 of 2010 only specific maximum. For the application of punishment, Code of Criminal of Indonesia (KUHP) uses deterrence with which alternative characteristic, whereas Act No 8 of 2010 uses deterrence with which cumulative characteristic. Criminal responsibility system used in Act No. 8 of 2010 is responsibility based on the principle of fault which uses for persons (natural person), and for corporations (legal entity) uses corporate criminal responsibility system.Key Words : Condemnation system, criminal responsibility for money laundering offence