Universitas Syiah Kuala | ELECTRONIC THESES AND DISSERTATION

Electronic Theses and Dissertation

Universitas Syiah Kuala

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FAZILA AZZUHRA, THE IMPLEMENTATION OF MUTUAL LEGAL ASSISTANCE (MLA) IN THE CASE OF MONEY LAUNDERING FROM THE CORRUPTION CRIMES (CASE ANALYSIS OF PT. CIPTA GRAHA NUSANTARA). Banda Aceh Fakultas Hukum,2024

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Abstract

ABSTRACT FAZILA AZZUHRA 2024 Mutual Legal Assistance (MLA) is an agreement created between countries to overcome transnational crimes, including crimes of corruption and money laundering. Mutual Legal Assistance is a request for legal assistance relating to investigations, prosecutions and examinations in court in accordance with the provisions of state laws and regulations requested based on article 3 of Law no. 1 of 2006 concerning Mutual Assistance in criminal matters. Mutual Legal Assistance is a treaty that promotes international cooperation between nations in order to monitor, freeze, and seize evidence that results from criminal activity as well as to facilitate the investigation of such cases. This research aims to explain regulations regarding the implementation of mutual legal assistance in cases of money laundering in criminal acts of corruption. Another objective is to find out the implementation of MLA in the case of PT. Cipta Graha Nusantara. This research is in the form of normative legal research. It is library research that examines provisions in international conventions and legislation and their application to legal events. The data collection technique used is document study which includes international law regulations and national laws related to this thesis. The results of this research shows that the implementation of Law number 1 of 2006 concerning Mutual Legal Assistance in criminal matters and Law number 5 of 2020 concerning Ratification of the Agreement Concerning Mutual Legal Assistance in Criminal Matters between the Republic of Indonesia and the Swiss Confederation. It is the Indonesian government's responsibility to facilitate the process of prosecuting citizens who commit transnational crimes. The suggestion from this research is that the government should facilitate and continue to collaborate with countries that have related legal issues to simplify the legal process for perpetrators of transnational crimes. The government must also coordinate and cooperate between relevant ministries and institutions to smooth the Mutual Legal Assistance process.



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