Pre-trial hearing: Expert highlights validity of Article 607 for money laundering cases

A legal expert from Universitas Islam Indonesia (UII), Mahrus Ali, asserted that current money laundering cases must adhere to Article 607 of the recently enacted Criminal Code (KUHP). Ali presented this view during a pre-trial hearing for Febrie Adriansyah, former Junior Attorney General for Special Crimes, at the South Jakarta District Court.

Ali explained that if a money laundering offense was committed after the implementation of Law Number 1 of 2023 on the KUHP, then Article 607 of the new code is the sole applicable provision. He noted that the new article specifies penalties of up to 15 years, or 5 years depending on the act, which is lower than the 20-year maximum under the previous Money Laundering Law.

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When someone commits a money laundering offense, the timing is after Law Number 1 of 2023 on the KUHP has been enacted, then what is used is absolutely Article 607 paragraph 1 letter a or letter b or letter c.

He further clarified that money laundering is a derivative crime, intrinsically linked to a predicate offense. However, the Attorney General's Office (Kejagung) has contested this, stating that the investigation into money laundering does not necessarily require prior proof of the predicate crime. Kejagung maintains that the suspect's indictment clearly identifies corruption as the predicate offense.

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Money laundering cannot happen without a predicate offense. It cannot happen.