ANALISIS YURIDIS TERHADAP TINDAK PIDANA PENCUCIAN UANG DENGAN MATA UANG KRIPTO

Abstract

This study provides a juridical analysis of the regulation and evidentiary aspects of money laundering offences committed through the use of cryptocurrencies within the Indonesian legal system. The emergence of cryptocurrencies such as Bitcoin and Ethereum offers more efficient transactions, yet simultaneously poses a high risk of misuse as a medium for disguising proceeds of crime due to their anonymous, decentralized, and cross-border nature. The main focus of this research is the implementation of Law Number 8 of 2010 on the Prevention and Eradication of Money Laundering Crimes and Law Number 11 of 2008 on Electronic Information and Transactions in relation to cryptocurrency-based money laundering schemes, including reporting obligations, the application of the Know Your Customer (KYC) principle, and the Anti-Money Laundering (AML) regime. The study employs a normative legal research method by examining legislation, legal doctrines, and international standards such as the guidelines issued by the Financial Action Task Force (FATF). The findings indicate that although a money laundering legal framework is in place, it does not yet fully accommodate the technological characteristics of cryptocurrencies, resulting in significant technical and juridical challenges in law enforcement and evidentiary processes, including the application of reversed burden of proof and blockchain forensic analysis. The research recommends strengthening specific regulations on digital assets, enhancing the capacity of law enforcement officials in cryptocurrency forensics, and intensifying international cooperation to improve the effectiveness of preventing and combating money laundering conducted through cryptocurrencies.