Open AccessSociological implication of pro parte dolus pro parte culpa form of fault in the formulation of passive money laundering
Author(s) -
Aditya Wiguna Sanjaya,
I Nyoman Nurjaya,
Prija Djatmika,
Masruchin Ruba’i
Publication year - 2020
Publication title -
research, society and development
Language(s) - English
Resource type - Journals
ISSN - 2525-3409
DOI - 10.33448/rsd-v9i11.10323
Subject(s) - money laundering , statute , imprisonment , law , normative , paragraph , state (computer science) , allegation , law and economics , sociology , criminology , political science , mathematics , algorithm
This research determines and analyzes the sociological implications of the provisions of the passive money laundering in Article 5 paragraph (1) of Law Number 8 of 2010 concerning the Prevention and Eradication of Money Laundering formulated in pro parte dolus pro parte culpa form of fault. Normative legal research with the statute and conceptual approaches was used. The results showed that the sociological implication of the formulation of provisions in question is that it can cause state budget overspending for disproportionate interests. With the existence of a large state budget expenditure, especially for the implementation of imprisonment against the criminal act of negligent passive money laundering, the state budget which should be used for the welfare of the community is reduced.