KEWENANGAN PENYIDIK PERWIRA TNI ANGKATAN LAUT DALAM PENEGAKAN HUKUM TINDAK PIDANA PENCUCIAN UANG YANG BERASAL DARI TINDAK PIDANA PERIKANAN (PASCA PUTUSAN MAHKAMAH KONSTITUSI No. 15/PUU-XIX/2021).

Abstract

Money laundering is a crime involving the laundering of money, aimed at combating economic crimes and recovering the proceeds of the crime. This study focuses on the authority of Navy investigators in handling allegations of money laundering related to fisheries crimes. It explores their jurisdiction in investigating both the predicate crime and the money laundering itself, as well as their law enforcement process. The research adopts a normative juridical approach, utilizing primary, secondary, and tertiary legal materials to analyze the Constitutional Court's decision. The court ruling grants Navy investigators the power to probe money laundering cases stemming from fisheries crimes. The decision highlights the inconsistency between Article 74 of the PPTPPU law and its explanation, questioning the separation of investigations between the predicate crime and money laundering. Navy investigators, in handling money laundering cases tied to fisheries crimes, take actions such as submitting inspection reports to PPATK, coordinating with PPATK, and seeking information from them. Recommendations include ensuring precise explanations of articles as the official interpretation of the law to avoid legal uncertainty. Additionally, the government should support the improvement of PPNS readiness, including Navy investigators, by enhancing their quantity, quality, and professionalism in conducting TPPU investigations. Strengthened cooperation and coordination with other law enforcement agencies, including PPATK, are also necessary to facilitate the investigations.