Analysis of the Application of Article 85

Oct 13, 2025 by talynt.org 59 views

Regulation and Application of Law on Criminal Act of Transfer of Funds: Overview of Article 85 of Law No. 3 of 2011

The Indonesian legislation system has undergone significant changes with the enactment of Law Number 3 of 2011 concerning Transfer of Funds. This law has expanded the scope of special criminal acts, providing a more comprehensive framework for addressing financial crimes. Article 85 of this law is a crucial provision that regulates the criminal offenses related to the control and recognition of funds transfers as one's own property, even if they are known or should not be suspected.

The Importance of Article 85

Article 85 of Law No. 3 of 2011 has opened new opportunities for law enforcement officials to investigate and prosecute perpetrators of criminal acts related to funds transfer. Prior to the enactment of this law, the legal apparatus relied on Article 372 of the Criminal Code to impose verdicts on similar offenses. However, the application of the Fund Transfer Law is still relatively minimal, due to several factors.

Analysis of the Application of Article 85

The application of Article 85 requires a deeper investigation process to determine the existence of intentional elements in controlling and recognizing the transfer of transfers that are not their right. This is a complex process that involves gathering evidence and proving the intention of the perpetrators to commit criminal acts. The difficulties in determining the criminal element in Article 85 require a strong proof regarding the intention of the perpetrators, which can be challenging to obtain.

Challenges in the Application of Article 85

Despite the presence of the Fund Transfer Law, there are several challenges and shortcomings in its application. One of the main challenges is the low criminal threats in Article 85, especially when the perpetrators are legal entities. Additionally, the panel of judges tends to focus on imposing basic sanctions in the form of additional fines and sanctions in the form of returns to victims or banks, without providing criminal sanctions in the form of prisons for the deterrent effect.

Weaknesses and Challenges of Application

The weaknesses and challenges of application of Article 85 are multifaceted. Some of the key issues include:

*** Low criminal threats: ** The basic and additional criminal threats in Article 85 are considered still low, especially if the perpetrators of criminal acts are legal entities. ** Judge tendencies to focus on sanctions for fines: ** In practice, the panel of judges tends to impose basic sanctions in the form of additional fines and sanctions in the form of returns to victims or banks, without providing criminal sanctions in the form of prisons for the deterrent effect.

Solutions and Recommendations

To increase the effectiveness of the Fund Transfer Law and maximize the prevention of criminal acts of funds transfer, several solutions and recommendations can be implemented. Some of these include:

Increased Education and Socialization

Expansion of education and socialization of the Fund Transfer Law to the community, especially business actors and financial institutions, is very important to increase awareness and understanding of applicable law. This can be achieved through various channels, including workshops, seminars, and online training programs.

Capacity Building of Law Enforcement Officials

It is necessary to increase the capacity and competence of law enforcement officials in handling cases of criminal acts of funds transfer, including in-depth understanding of Article 85 and effective investigation strategies. This can be achieved through training programs, workshops, and on-the-job training.

Strengthening Sanctions and Deterrent Effects

It is necessary to revise the Fund Transfer Law by reviewing the threat of basic and additional criminal crimes, especially for legal entities, in order to provide a stronger deterrent effect. This can be achieved by increasing the severity of penalties and imposing stricter sanctions on perpetrators.

Conclusion

The regulation and application of law on criminal acts of funds transferred from Article 85 of Law No. 3 of 2011 is a complex issue that requires a comprehensive approach. By understanding the challenges and shortcomings in the application of Article 85, we can identify solutions and recommendations to increase the effectiveness of the Fund Transfer Law and maximize the prevention of criminal acts of funds transfer. With these concrete steps, it is expected that the Fund Transfer Law can be an effective instrument to protect the public from the practice of crime transfer funds and create a healthier investment climate in Indonesia.
Frequently Asked Questions (FAQs) on Regulation and Application of Law on Criminal Act of Transfer of Funds: Overview of Article 85 of Law No. 3 of 2011

The regulation and application of law on criminal acts of funds transferred from Article 85 of Law No. 3 of 2011 is a complex issue that has raised several questions and concerns. In this article, we will address some of the frequently asked questions (FAQs) related to this topic.

Q: What is Article 85 of Law No. 3 of 2011?

A: Article 85 of Law No. 3 of 2011 is a provision that regulates the criminal offenses related to the control and recognition of funds transfers as one's own property, even if they are known or should not be suspected.

Q: What are the key elements of Article 85?

A: The key elements of Article 85 include:

Control and recognition of funds transfers as one's own property
Intentional elements in controlling and recognizing the transfer of transfers that are not their right
Proof of the intention of the perpetrators to commit criminal acts

Q: What are the challenges in the application of Article 85?

A: Some of the challenges in the application of Article 85 include:

Low criminal threats in Article 85, especially when the perpetrators are legal entities
Judge tendencies to focus on imposing basic sanctions in the form of additional fines and sanctions in the form of returns to victims or banks, without providing criminal sanctions in the form of prisons for the deterrent effect

Q: What are the solutions and recommendations to increase the effectiveness of the Fund Transfer Law?

A: Some of the solutions and recommendations to increase the effectiveness of the Fund Transfer Law include:

Increased education and socialization of the Fund Transfer Law to the community, especially business actors and financial institutions
Capacity building of law enforcement officials in handling cases of criminal acts of funds transfer
Strengthening sanctions and deterrent effects by revising the Fund Transfer Law to increase the severity of penalties and impose stricter sanctions on perpetrators

Q: What are the benefits of the Fund Transfer Law?

A: The benefits of the Fund Transfer Law include:

Protection of the public from the practice of crime transfer funds
Creation of a healthier investment climate in Indonesia
Increased confidence in the financial system

Q: What are the implications of the Fund Transfer Law on the financial sector?

A: The implications of the Fund Transfer Law on the financial sector include:

Increased regulation and supervision of financial institutions
Improved risk management and compliance practices
Enhanced cooperation between financial institutions and law enforcement agencies

Q: What are the next steps in implementing the Fund Transfer Law?

A: The next steps in implementing the Fund Transfer Law include:

Continued education and socialization of the Fund Transfer Law to the community
Capacity building of law enforcement officials in handling cases of criminal acts of funds transfer
Strengthening sanctions and deterrent effects by revising the Fund Transfer Law

Conclusion