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Article
Publication date: 7 October 2019

Strengthening the role of lawyers and other professional advisers in addressing economic and financial crimes in Indonesia

Anastasia Suhartati Lukito

This paper aims to explain the regulations in Indonesia that apply to lawyers and other professional advisers in terms of their obligations as reporting parties of…

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Abstract

Purpose

This paper aims to explain the regulations in Indonesia that apply to lawyers and other professional advisers in terms of their obligations as reporting parties of suspicious financial transactions with respect to money laundering and other financial crimes. As lawyers and other professional advisers offer services to the business community in Indonesia, they are vulnerable to becoming parties to illegal business transactions. The results could lead to bribery, graft, tax crime and corruption in Indonesia.

Design/methodology/approach

This paper explores and analyzes the obligations of lawyers and other professional advisers under Indonesian law, with particular reference to their obligations as reporting parties in efforts to prevent economic crime within the country’s business community.

Findings

Lawyers and other professional advisers, as reporting parties, can be viewed as the gatekeepers that inhibit economic and financial crimes. Consequently, a new perspective is needed for all of the legal professions so that they can protect themselves from the risks of being targeted by nefarious clients/offenders. To strengthen the role of these advisers, it is recommended that both a code of ethics and know your customer principle to be implemented.

Practical implications

This paper can serve as a resource that explores the functions of lawyers and other professional advisers as reporting parties whose aim is to prevent financial and economic crime in Indonesia.

Originality/value

This paper encourages lawyers, other professional advisers, and public and private institutions to implement a code of ethics, and also integrity and professionalism, with a view to preventing economic and financial crimes. According to the code, the functions and obligations of lawyers and other professional advisers include discouraging such offenses. The code becomes effective when legal professionals adhere to legal ethics and integrity.

Details

Journal of Financial Crime, vol. 26 no. 4
Type: Research Article
DOI: https://doi.org/10.1108/JFC-11-2016-0072
ISSN: 1359-0790

Keywords

  • Financial crime
  • Reporting parties
  • Code of ethics
  • Lawyer
  • Professional advisers

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Article
Publication date: 21 December 2019

Revealing the unexplained wealth in Indonesian corporation: A revolutionary pattern in non-conviction-based asset forfeiture

Anastasia Suhartati Lukito

The purpose of this paper is to analyze the unexplained wealth inside the corporation and to initiate and apply unexplained wealth order in the Indonesian corporation…

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Abstract

Purpose

The purpose of this paper is to analyze the unexplained wealth inside the corporation and to initiate and apply unexplained wealth order in the Indonesian corporation based on the Indonesian legal system and prevailing laws. An effective tool needs to be implemented because of the facts that numerous corporate illegal activities lead to economic and financial crime. Meanwhile, there are difficulties to implement the corporate criminal liability. Non-conviction-based asset forfeiture will be a way out to deal with the current condition.

Design/methodology/approach

This paper explores and analyzes the Indonesian legal system, particularly a non-conviction-based asset forfeiture for corporate illegal activities. This paper is based on the research paper conducted with the legal normative approach.

Findings

Non-conviction-based asset forfeiture through unexplained wealth order will be an effective tool and a revolutionary pattern in the crime prevention perspective dealing with corporate crime. Corporate criminal liability in anti-corruption regime can be viewed from two perspectives by combining and integrating crime prevention approach as well as the repressive approach. The Indonesian Supreme Court Regulation number 13 of 2016 is a breakthrough in the criminal justice system to redesign case handling procedure toward corporate crime. It needs to be supported by precise asset forfeiture law. Furthermore it is necessity to strengthening and built corporations with moral and ethical business values.

Practical implications

This paper can be a source to explore the unexplained wealth that can occur in the corporation and the way to overcome it through unexplained wealth order and non-conviction-based asset forfeiture.

Originality/value

This paper contributes by initiating a non-conviction-based asset forfeiture, which is implementing the in rem proceeding, to make sure the crime does not pay and the victim and society suffer less because of the corporate crime.

Details

Journal of Financial Crime, vol. 27 no. 1
Type: Research Article
DOI: https://doi.org/10.1108/JFC-11-2018-0116
ISSN: 1359-0790

Keywords

  • Unexplained wealth
  • Non-conviction-based asset forfeiture
  • Unexplained wealth order
  • Corporate crime

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Article
Publication date: 3 October 2016

Building anti-corruption compliance through national integrity system in Indonesia: A way to fight against corruption

Anastasia Suhartati Lukito

The significant role of anti-corruption compliance should be encouraged to create good business and investment climate. Especially, in the circumstances of higher number…

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Abstract

Purpose

The significant role of anti-corruption compliance should be encouraged to create good business and investment climate. Especially, in the circumstances of higher number of bribery and corruption cases, whilst preparing for Asian Economic Community, the necessary actions to reduce the financial crime and economic crime should be fostered into all aspects of business activities. To reduce bribery and corruption cases in Indonesia, National Integrity System as part of National Strategy on Corruption Prevention and Eradication is urged to be conducted. With the implementation of National Integrity System among all public or governmental institutions and private institutions, the institutions itself will be strengthened. National Integrity System should be implemented through all the people, process and technology in the organizations. So, at the end, the purpose of this paper is to prevent any financial crime, particularly in the Indonesian anti-corruption regime.

Design/methodology/approach

This paper explores and analyzes anti-bribery regulations and the important role of National Integrity System as the prevention approach to build anti-corruption compliance in Indonesia.

Findings

The National Integrity System and Anti-Corruption Compliance can be viewed as important elements for preventing any financial crime. The new perspective is needed for all of the public institutions and private institutions to build and implement National Integrity System in all business activities. Furthermore, all of business society has a significant role of developing the sustainable good business environment in Indonesia. Encouraging National Integrity System in every business sector is also a way to achieve the last purpose, which is to strengthen economic competitiveness.

Practical implications

The paper can be a source to explore about the National Integrity System and Anti-Corruption Compliance based on Indonesia perspectives.

Originality/value

This paper gives contributions by encouraging the public and private institutions to build anti-corruption compliance by implementing National Integrity System within their organizational culture to prevent financial crime and lead to sustainable economic growth.

Details

Journal of Financial Crime, vol. 23 no. 4
Type: Research Article
DOI: https://doi.org/10.1108/JFC-09-2015-0054
ISSN: 1359-0790

Keywords

  • Financial crime
  • Anti-Corruption compliance
  • Bribery cases
  • National integrity system

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Article
Publication date: 4 January 2016

Financial intelligent investigations in combating money laundering crime: An Indonesian legal perspective

Anastasia Suhartati Lukito

The purpose of this paper is to analyze the functions of financial intelligent investigations by the Indonesian financial intelligent unit in conjunction with the…

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Abstract

Purpose

The purpose of this paper is to analyze the functions of financial intelligent investigations by the Indonesian financial intelligent unit in conjunction with the participating reporting parties, to consider the obstacles and challenges to reduce money laundering cases in Indonesia, realizing that the role of the financial intelligent investigations not only conducted by Indonesian Financial Intelligent Unit itself but the active participation from reporting parties such as banking institution. The function of financial intelligent unit in supervising and monitoring cash financial transactions is importance in fight against economic crimes, particularly in the anti-money laundering regime.

Design/methodology/approach

This paper explores the Indonesian laws on prevention and eradication on money laundering crime and analyzing the importance role of financial intelligent investigations and disruption of money laundering crime.

Findings

The financial intelligent investigations will become an important strategy to combating the economic crime such as money laundering and corruption. The new perspective is needed to developing the good synergy in the financial intelligent unit and reporting parties to maximizing the eradication of money laundering cases.

Practical implications

The paper can be a source to explore about the money laundering eradication based on Indonesia legal perspective.

Originality/value

This paper gives contributions by encouraging the financial intelligent unit in conjunction with all the financial institutions to disrupt any money laundering activities, which is associated to other predicate crimes and attempting to conceal the illegal funds derived from illegal activities that commonly happened in Indonesia.

Details

Journal of Money Laundering Control, vol. 19 no. 1
Type: Research Article
DOI: https://doi.org/10.1108/JMLC-09-2014-0029
ISSN: 1368-5201

Keywords

  • Financial intelligent unit
  • Financial investigation
  • Money laundering crime
  • Reporting parties

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Article
Publication date: 5 October 2015

Fostering and enhancing the role of private sector: A prevention way towards corruption eradication in Indonesia

Anastasia Suhartati Lukito

The purpose of this paper is to examine the role of private sector in Indonesia to prevent and combat corruption practices. The eradication of corruption is not only the…

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Abstract

Purpose

The purpose of this paper is to examine the role of private sector in Indonesia to prevent and combat corruption practices. The eradication of corruption is not only the government’s problem which can be solved only by government regulations. The private sector should be involved in and be aware of these matters because of the huge interest of the business activities concerning national interest as well as their private interest to achieve highest profit.

Design/methodology/approach

This paper explores the Indonesian laws on corruption eradication and analyzes the important role of the private sector that needs to be built.

Findings

The role of private sector in the financial system can be viewed as a non-penal policy, which has a great impact as a prevention method to combat economic crimes such as corruption. A new perspective is needed to build, balance and integrate the role of the private sector. As a new perspective combating corruption, Indonesian Laws on Corruption Eradication is fostering the role of the private sector in promoting integrity and good corporate governance.

Practical implications

The paper can be a source to explore the eradication of corruption based on Indonesian perspectives.

Originality/value

This paper contributes by encouraging the private sector to prevent corruption and bribery practices, which, nowadays, are common in Indonesia.

Details

Journal of Financial Crime, vol. 22 no. 4
Type: Research Article
DOI: https://doi.org/10.1108/JFC-06-2014-0029
ISSN: 1359-0790

Keywords

  • Integrity
  • Private sector
  • Corruption
  • Criminal law policy
  • Role

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