PERSPEKTIF PEMBERANTASAN TINDAK PIDANA PENCUCIAN UANG DALAM PEMBERIAN HONORARIUM ADVOKAT

Wattimena, Reinhard Richard Arnindyo (2020) PERSPEKTIF PEMBERANTASAN TINDAK PIDANA PENCUCIAN UANG DALAM PEMBERIAN HONORARIUM ADVOKAT. S1 thesis, Universitas Atma Jaya Yogyakarta.

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Abstract

This research aims to determine and analyze the provision of honorarium advocates whether it can qualify as a form of money laundering crime and how to qualify an honorarium that can be categorized as a money laundering crime. This research is a normative legal research that supported by primary data. The data used are secondary data that consisting of primary, secondary, and tertiary as well as primary data in the form of interview. The data analysis process uses the method of law approach, historical approach, and conceptual approach. This analysis is conducted and described descriptively and prescriptively. The result of the research that has been conducted by the author can be concluded; first, basically the provision of honorarium advocates cannot be qualified as a form of money laundering because the applicable positive law in Indonesia do not regulate it. Conversely , the provision of honorarium that can be qualified as a form of criminal laundering is related to the bad faith of advocates while executing their profession. Second, honorarium qualification that can be categorized as a money laundering crimes related to honorarium payments for other purposes than service payments, payment of services with an unnatural amount and the honorarium payments that cannot be explained by the revenue stream.

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