Tinjauan Yuridis Terhadap Putusan Hakim Ne Bis in Idem dalam Perkara Tindak Pidana Pencucian Uang Dengan Predicate Crime Korupsi

Abstract

Law enforcement in the crime of money laundering (TPPU) with the predicate crime of corruption, which is nebis in idem, often causes problems due to the considerations of judges who are considered not to prioritize justice, legal certainty and expediency. This study aims to analyze 1) the judge's considerations in deciding ne bis in idem in money laundering cases with the predicate crime of corruption; and 2) legal consequences in money laundering criminal cases with the predicate crime of corruption which were decided ne bis idem based on the perspective of justice and legal certainty. The study uses a normative juridical method with a nebis in idem decision case approach in the ML case, namely the Jambi District Court Decision Number: 282/PID.SUS/2015/PN.Jmb and the Supreme Court Decision Number 321K/PID.SUS/2016. This study found that judges often argue that money laundering and corruption are two of the same crime so that the defendant cannot be tried twice or nebis in idem with considerations of the similarity of actions and the amount of state losses resulting from these actions, tempus and locus delicti, as well as the same court, even though according to the elements and evidence, Corruption and ML are two different criminal acts. As for the legal consequences of the nebis in idem decision in the ML case predicate crime of corruption, an appeal should be made. with due observance of the requirements for filing a legal remedy.