Law of The Republic of Indonesia Number 15 Year 2002 Concerning The Crime of Money Laundering
Law of The Republic of Indonesia Number 15 Year 2002 Concerning The Crime of Money Laundering
Law of The Republic of Indonesia Number 15 Year 2002 Concerning The Crime of Money Laundering
CONCERNING
borders;
laundering;
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d. whereas money laundering is not only a
forums;
formulated;
Indonesia;
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With the joint approval of
INDONESIA
and
HAS DECIDED:
CHAPTER I
GENERAL PROVISIONS
Article 1
intangible.
providing services in the financial field including but not limited to banks,
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custodians, trust agents, depository and settlement agencies, foreign
and/or heard, and that can be issued with or without the assistance of a
facility, either on paper, any physical material other than paper, or those
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c. letters, signs, numbers, symbols, or perforations which have
them.
laundering.
Article 2
a. corruption;
b. bribery;
c. smuggling of goods;
d. smuggling of workers;
e. smuggling of immigrants;
f. banking (offences);
g. narcotics (offences);
l. kidnapping;
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m. terrorism;
n. theft;
o. embezzlement;
p. fraud
Indonesian law.
CHAPTER II
Article 3
another party;
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d. Donates or contributes assets known or reasonably suspected by
of another party;
documents, or
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Article 4
(1) In the event that the crime is committed by the managers and/or the
concerned, if such act is committed by virtue of activities that are not part
before the court and may also order that the aforementioned managers be
(5) In the event that the crime is committed by a corporation, the summons to
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Article 5
criminal sanction in the form of a fine, namely the maximum fine plus 1/3
(one-third) thereof.
Article 6
a. Placement;
b. Transfer;
c. Payment;
d. Donation;
e. Contribution;
f. Storage;
g. Exchange,
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rupiah) and to a maximum fine of Rp.15,000,000,000.00 (fifteen billion
rupiah).
Article 7
information for the carrying out of the crime of money laundering shall be subject
CHAPTER III
LAUNDERING
Article 8
intended in Article 13 sub-article (1) shall be subject to a fine of not less than
Rp.250,000,000.00 (two hundred and fifty million rupiah) and not more than
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Article 9
million rupiah) or more brought into or taken out of the territory of The Republic of
Indonesia shall be subject to the criminal sanction of a fine of not less than
Article 10
Article 11
(1) In the event that a person is unable to pay a fine as stipulated in Chapter II
and Chapter III, such fine shall be replaced by imprisonment for not longer
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Article 12
CHAPTER IV
REPORTING
Part One
Reporting Obligations
Article 13
concerned.
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(3) The report as intended in paragraph 1 sub-paragraph b must be submitted
no later than 14 (fourteen) business days as from the date on which the
(7) Provisions concerning the form, type and procedure for submitting reports
Article 14
which are banks shall be exempted from bank secrecy provisions as contained in
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Article 15
their officials and their employees for their carrying out of reporting obligations as
Article 16
(1) Any person bringing cash into or taking cash out of the territory of The
and Excise.
(2) The Directorate General of Customs and Excise must report the
(3) The Directorate General of Customs and Excise must inform the PPATK
(4) Reports as intended in paragraph (1) must also include details of the
(5) If necessary, the PPATK can request additional information from the
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Rp.100,000,000.00 (one hundred million rupiah) or more brought into or
Part Two
Customers' Identity
Article 17
Financial Services shall be obligated to give his/her full and correct identity
Services concerned for such purpose and must attach the supporting
(3) In the event that users of financial services act for another party, Providers
(4) Providers of Financial Services which are banks must request identity and
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from the time the business relationship with the user of financial services
concerned ends.
CHAPTER V
Article 18
Article 19
(1) The PPATK shall be domiciled in the Capital City of the State of The
Republic of Indonesia.
Article 20
(1) The PPATK shall be led by a Head and shall be assisted by up to 4 (four)
deputies.
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(2) The head and the deputies as intended in paragraph (1) shall be
(3) The term of office of the Head as intended in paragraph (1) shall be 4
(four) years and he shall be eligible for reelection for only 1 (one)
Article 21
a. Be an Indonesian Citizen;
b. Be of not less than 35 (thirty-five) years of age and not more than
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Article 22
(1) The Head and Deputies of the PPATK prior to assuming their positions
position, I shall not receive either directly or indirectly any promise or gift
"I swear/affirm that I will keep secret from any party matters that must be
"I swear/affirm that I shall perform the duties and authorities as the Head
"I swear/affirm that I shall be loyal to the state, the Constitution, and
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Article 23
The term of a Head or Deputies of the PPATK shall end for the following
reasons:
a. dismissal;
b. death;
c. resignation; or
Article 24
(1) The Head and Deputies of PPATK shall be dismissed for the following
reasons:
Indonesia;
his/her duties;
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g. Being declared a bankrupt by a court; or
(2) The Minister of Finance shall make recommendations to the President for
Article 25
(2) The Head and Deputies of the PPATK must refuse any intervention by any
(3) In the prevention and eradication of the crime of money laundering, the
well as international.
Article 26
In the course of implementing its functions, the PPATK shall have the following
tasks:
Services;
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c. prepare guidelines for procedures for reporting of suspicious financial
transactions;
this Law;
concerning their obligations as set forth this Law or in other prevailing laws
existence of the crime of money laundering to the Police and to the Public
Prosecutor's Office;
Article 27
(1) In performing its tasks, the PPATK shall have the following powers:
Services;
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b. Request information concerning the progress of investigation or
paragraph b.
(3) In the exercise of the powers referred to in paragraph (1), the provisions of
other laws related to bank secrecy and the secrecy of other financial
Decrees.
Article 28
(1) The head of the PPATK shall represent the PPATK in and outside the
courts.
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(2) The head of the PPATK can delegate the authority to represent as
Article 29
(1) Every year, the PPATK shall be obliged to prepare a Work Plan and
Annual Budget.
(2) The Work Plan and Annual Budget as intended in paragraph (1) shall be
CHAPTER VI
COURTS
Article 30
The investigation, prosecution and examination before the courts of the crimes
referred to in this Law shall be conducted based on the provisions set forth in the
Article 31
In the event that there are indications of a presumption of there having been
found suspicious transactions, within 3 (three) business days from the time of
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discovering such indications the PPATK shall be obliged to submit the results of
Article 32
of crime.
concerned;
(3) After receiving the order of the investigator, public prosecutor or judge as
freezing.
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(4) The Provider of Financial Services concerned shall be obliged to submit a
prosecutor or judge no later than 1 (one) business day from the date of the
(5) Assets frozen must remain with the Provider of Financial Services
concerned.
Article 33
(1) For the purpose of the court examination of the crime of money
(2) When they are requesting information as intended in paragraph (1), the
prosecutors or judges.
(3) Requests for information must be submitted in writing clearly indicating the
following:
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a. Name and position of the investigator, public prosecutor or judge
concerned;
defendant;
c. The crime which is alleged or is the subject of the case before the
court; and
an investigator;
Article 34
the judge shall order the confiscation of assets known or reasonably suspected
to be the proceeds of crime which have not yet been confiscated by the
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Article 35
For the purpose of examination in a court, the defendant must prove that his
Article 36
(1) In the event that the defendant has been validly summoned 3 (three) times
does not appear in court, the Panel of Judges can, by virtue of an interim
defendant.
(2) If the defendant attends a subsequent hearing prior to the verdict being
passed, the defendant must be examined and all witness statements and
documents read out in previous sessions shall have the same force of
the judgement and it shall also be announced in not less than 2 (two)
consecutive editions.
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Article 37
In the event that the defendant passes away prior to the judge's judgement being
passed and if there is firm evidence that the person concerned committed the
crime of money laundering, the judge concerned can stipulate that the
Article 38
CHAPTER VII
Article 39
(2) Violations of the provision of paragraph (1) shall entitle the reporting party
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Article 40
(1) Any person reporting a suspicion that the crime of money laundering may
against possible threats endangering the person, his life, and/or his
Article 41
(1) During court sessions, witnesses, the public prosecutor, the judge and
the reporting party, or other matters which may lead to the disclosure of
the judge must remind witnesses, the public prosecutor and other parties
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Article 42
(1) Any person giving testimony about a crime of money laundering must be
the person concerned, his life, and/or his assets, including his family.
Regulations.
Article 43
CHAPTER VIII
INTERNATIONAL COOPERATION
Article 44
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CHAPTER IX
TRANSITIONAL PROVISIONS
Article 45
(1) The Head and Deputies of the PPATK as referred to in Article 20 must
have been appointed no later than 1 (one) year following the enactment of
this Law.
(2) The PPATK must have started implementing its functions no later than 6
(six) months following the appointment of the PPATK Head and Deputies.
come into force 18 (eighteen) months following the enactment of this law.
CHAPTER X
CLOSING PROVISIONS
Article 46
This Law shall come into effect as of the date of its enactment.
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For the information of the public, we hereby order that this Law be published in
Ratified in Jakarta
on
MEGAWATI SOEKARNOPUTRI
Enacted in Jakarta
on
BAMBANG KESOWO
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