The Impact of Criminal Policy on Money Laundering Against the Resilience of the Law (Study in the Military Court Law Area I-03 Padang)

Differences in the authority of investigators over money laundering crimes committed by members of the Indonesian National Armed Forces lead to disharmony of norms, thus creating polemics in the law enforcement process, especially in efforts to eradicate money laundering. Currently, there is an expansion of investigative competence based on the Decision of the Constitutional Court of the Republic of Indonesia, which states that predicate criminal investigators are officials or bodies authorized by laws and regulations to conduct investigations. Violations committed by members of the Indonesian National Armed Forces against the crime of money laundering should be under the jurisdiction of the Military Court. This study aims to determine the development and impact of legal policies related to members of the Indonesian National Armed Forces who commit criminal acts in the jurisdiction of the Military Court I-03 Padang. The analysis of this research uses a descriptive qualitative approach by using primary and secondary data. The results indicate that the competence of military courts is vulnerable to discontinuing the legal process of money laundering. Military courts should also be given the authority to try Indonesian National Armed Forces members who commit money laundering crimes. Investigation of The Crime of Money Laundering committed by members of the Indonesian National Armed Forces in the ius constituendum must be formulated more firmly in the Money Laundering Law. Thus, the Indonesian National Army members who violate the entered in categorization of General Crimes or non-military will be subject to the general justice system, and in the investigation carried out by investigators in the general court as described in the provisions in accordance with the limitative theory.


INTRODUCTION
Cultivating an attitude of obeying the law will not be realized if the agency that should uphold law enforcement is not able to show support for law enforcement. The Indonesian National Volume 5, Issue 2, December 2022: 158 -177 The Impact of Criminal… | 159 Army as an institution that prioritizes discipline and obedience to the rules will not be able to contribute strongly in terms of law enforcement if it does not reflect an attitude that makes the law a benchmark in taking action. For this reason, every member of the Indonesian National Armed Forces must have legal awareness that upholds the principle of the rule of law, namely placing the law above all else and always respecting human rights. To ensure this, efforts are made to increase awareness and law enforcement in the environment The Indonesian National Army must receive special attention. (Oscherwitz, 2018)This is because a lack of understanding of the law is a trigger that can be a source of unlawful acts among the Indonesian National Armed Forces in addition to other internal and external factors. (Syahnakri, 2009) The organizational structure of the Indonesian National Armed Forces is commander, so the commander is someone who has the authority to make decisions. For this reason, the legal awareness of Indonesian National Armed Forces soldiers is the duty of each commander from each level of the army unit. Thus, the level of legal understanding and discipline of Indonesian National Army Soldiers is something that a commander must consider. In addition to providing awards or imposing mandatory sanctions to be done as well as possible to ensure that law enforcement functions properly. Mandatory awards are based on achievements in carrying out obligations or duties, not on other factors that are not related to professionalism in carrying out tasks. (Arifin et al., 2018) If a Soldier is not professional, fails in carrying out his duties, is unable to complete the task according to the standard time set, is not disciplined or acts against the law, then the soldier is obliged to receive punishment. The sanctions given are mandatory with firm action, and if necessary the sanctions are conveyed within the soldier's duty environment so that they become an example and have a deterrent effect. In imposing sanctions, it must be based on positive intentions. In other words, the sanctions must have a positive and long-term impact so that they can shape the character of Indonesian National Army Soldiers and prevent other Indonesian National Army Soldiers from taking unprofessional actions or violating these regulations.
Law must be used as guiding sign for the formulation of rules to increase the professionalism of Indonesian National Armed Forces Soldiers who are dynamic and have sensitivity to social dynamics, in implementing policies to enforce the law, they must consider the pace of reform. So increasing the professionalism of Indonesian National Army Soldiers is a crucial thing and must be improved based on the values of struggle and the identity of the Indonesian National Army in carrying out their duties as Soldiers. Sapta Marga Warriors.
The Indonesian National Armed Forces, the foremost organization in national defense, demands all its soldiers to be able to continuously improve their professionalism, which is the main factor in the national defense force to defend the sovereignty and territorial integrity of the Unitary State of the Republic of Indonesia. In order to increase the professionalism of the Indonesian National Army Soldiers so that they are always in a condition that meets expectations, Volume 5, Issue 2, December 2022: 158 -177

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The Impact of Criminal… it can be carried out through the maintenance and improvement of the morality of the Soldiers by building awareness and enforcing the law. (Hicks, 2013) Military criminal law becomes a reference in dealing with crimes or violations of the law by members of the military. However, international law does not include rules regarding international maritime law and international aerospace. (Abdurrasyid, 2006) in fact, emphasizes that this is something crucial because the working group of the Indonesian National Armed Forces consists of ground units known as the Indonesian Army National Army, the Indonesian National Army Air Force, and the Indonesian National Army Navy. However, there is currently no statutory provision for the military civil law for the working group.
Law should be used as capital for terms of position, role and military duties in Indonesia. This is a demand from the rule of law which is used as a prerequisite for realizing democracy in all countries in the world. Violations committed by military personnel when carrying out their duties and roles in a professional context, including their position in the government structure or outside it must be regulated by legal provisions. Likewise, even the doctrine in military matters, if it is to be used as a basis for military work or authority, should be included in the laws and regulations.
The law should be used as a legal instrument that becomes a sign for the implementation of military duties in Indonesia, which is also a reference for control.
Establishing laws and regulations aims to provide valuable values, a sense of justice and legal certainty to the community so that life in the nation and state becomes organized and orderly.
Harmonization of the formation of good laws and regulations that are easy to apply in society is the central pillar of the administration of a country's government (Indrati, 2013). However, when the law was enacted, various problems arose beyond its unthinkable discussion and formulation and beyond the reach of legislators. (Harahap, 2010). This fact is due to the dynamic changes of society both nationally, regionally and internationally which cannot be accurately predicted by humans. Society is constantly changing (social change) and has become an eternal law in the development of human history.
In many cases, social changes that occur in the community require the ability of law enforcement officials' ability to interpret legal elements to produce new legal policies.
Interpretation is the most important activity in law. This method of interpretation makes it possible for law enforcement officers to understand the textual meaning of the law in resolving cases or making concrete decisions (Khalid, 2014 The contradiction between the two laws and regulations regarding investigative competence creates a dilemma in law enforcement in Indonesia. Moreover, Law Number 34 of 2004 concerning the Indonesian National Armed Forces affirms the submission of members of the Indonesian National Armed Forces to the power of the general judiciary when involved in a public criminal act , and vice versa, if engaged in a military crime, they must comply with the law.

Military Justice system. This separation of judicial powers will take effect if the Law on Military
Courts is amended. This condition becomes a dilemma for Indonesian National Armed Forces members who are involved in general crimes, such as money laundering.
Money laundering practices carried out by unscrupulous members of the Indonesian National Armed Forces are often carried out on money obtained from the proceeds of the crime of buying and selling narcotics. Money laundering is a further crime ( derivative crime ) from the predicate crime. Law enforcement against money laundering and narcotics crimes requires synergy and strategic roles from each institution simultaneously following their authority (Bahreisy, 2018). However, the crime of money laundering committed by members of the Indonesian National Armed Forces leaves a legal loophole related to the investigation authority.

METHOD
This study uses a normative legal research method with an analytical approach to the authority of investigators in cases of money laundering crimes committed by elements of the Indonesian National Armed Forces. Meanwhile, the types and sources of legal materials used in this study are secondary data types in the form of primary, secondary, and tertiary legal materials related to the problems in the research. The technique of collecting legal materials or secondary data in this research is done by using a literature study that examines written information about the law from various sources related to the problem. It can be understood that there are differences of opinion between civilians and the military regarding the jurisdiction of the judiciary for the Indonesian National Armed Forces soldiers. Thus, these thoughts can be categorized into 3 (three) groups, namely: 1. The idea is that the jurisdiction of the Military Courts is limited to typical military crimes.
The violation can occur only if the person concerned is a member of the Indonesian National Army. In other words, the offense is not possible for civilians to commit. So it can be said that this idea provides clear boundaries for the jurisdiction of the Military Courts. Laundering, are not a simple process, this is due to the complexity of Evidence collection starts from the investigation stage. Besides that, reverse assumption evidence has been carried out at the investigation stage, namely that the prosecutor did not need to prove that the elements of assets that are predictable and or is known to originate from a criminal act is not proven. Thus, it becomes a concern that it will pass at the stage of presenting evidence in court. The source of the problem is because of this rule does not require the search for evidence at the investigation stage, however in the indictment must fulfill the formulation of the offense as well as the elements of assets originating from from a crime that is suspected or known is the essence of the offense (bestandeel). This condition has the opportunity to be used as an opportunity by lawyers, unless the formulation is there is no offense that element. Meanwhile, if the element is omitted, the meaning of the provisions washing money will be lost and not in line with the concept of the proceeds of crime Act.
At the prosecution stage, it must be well understood if the indictment must be built with a cumulative concept is not an alternative, this is because predicate offense and money laundering are criminal acts. Even though money laundering must be linked to its predicate offence.
Unfortunately, money laundering is a separate crime (as a particular crime). Which means that the indictment for the crime of money laundering, for example, relates to the indictment of Article 3, then predicate offense and the follow-up crimes were charged at once.
Suppose you look at the perpetrator's condition under Article 3. In that case, Single charges are possible, namely when the person who launders money from the proceeds of a criminal act in which the perpetrator is not directly involved with the crime, but he should suspect that the money came from a criminal act. These perpetrators, are not obliged to account for their  offences. There shall always be a right of appeal from such tribunals to legally qualified appellate court or tribunal or a remedy by way of an application for annulment. (Gutiérrez & Cantú, 2010) In Principle 31 concerning Restrictions on the Jurisdiction of Military Courts, the current Military Court system is believed to maintain the practice of impunity, (Joinet, 1997) with a character that is not independent and not accommodating to the principle of command responsibility, which results in limited jurisdiction to try military members who violate the law/committed military crimes according to the formula. (Joinet, 1997) In order to avoid military courts in those countries where they have not yet been abolished, helping to perpetuate impunity owing to a lack of independence resulting from the chain of command to which all or some of their members are subject, their jurisdiction must be Indonesian law. According to this provision, it can be understood that the principle of personality or the principle of nationality is based on this principle, all citizens, wherever they are, remain obtain legal treatment from their country. (C. F. Wijayanti, 2020) So that this principle has extraterritorial power, which means that the law of that country still applies to its citizens even though they live in another country. The principle given by the principle of nationality has an open nature but must meet the requirements that a country has set.
So that civilians or military citizens are citizens, because they are the people of a country (Reza et al., 2007). So it is a must to comply with the provisions of the Money Laundering Law. However, In connection with this case, the perpetrator was charged with Article 114 paragraph (1) Jo paragraph (2)  Laundering and all criminal acts (general, military, and extraordinary crimes). When compared based on the investigator, nothing was found to specialization of investigators in the two laws (Sitompul, 2020).
Legal certainty in legislation is crucial in the application of the law. Therefore, things that are still contradictory to the Law on Military Courts and the Law on the Crime of Money Laundering have the potential to create a tug-of-war of authority when conducting an investigation into the Crime of Money Laundering can be resolved. The availability of legal policies with legal certainty will have an impact on improving the quality of the law. Furthermore, it will also make a positive contribution to law enforcement activities in which the Money Laundering Law regulates material and formal substance, in this context, namely the procedural law which strictly and limitedly regulates matters relating to authorized legal instruments.
The legal policy of the Money Laundering Law is not justified in abandoning legal principles, this is because legal principles relate to the legal system as explained previously, Volume 5, Issue 2, December 2022: 158 -177 The Impact of Criminal… | 173 namely legal principles have functions within and behind a positive legal system. Legal principles can have this function because right ? has a value measure. As a reference for assessment, these legal principles create the highest legal rules of a positive legal system. This is what causes the legal principles to become the basis for the system. The legal principle is too general to be used as a reference for actions. Thus, the legal principle must undergo a process of concretization (Sidharta, 2011).
Thus, in drafting legislation, especially when amending the Law on the Crime of Money Laundering, the principle of equality before the law (equality before the law) must be a matter of concern because it becomes a hallmark and at the same time an The aim is to provide legal certainty and eliminate the potential for interpretation. Legal policy regarding the Crime of Money Laundering within the scope of the ius constituendum which makes the law enforcement process for perpetrators more effective. A good law designer will accommodate important evaluations of the law, because from the start he must face material facts that are impossible to predict and impossible to predict. He is only able to convey general norms in order to carry out cases normally (Kelsen, 2015).  realize the legal resilience of the court. Second, the resilience of the judiciary must be continuously improved in order to create a cohesive situation so as to achieve broader national security.