PENEGAKAN HUKUM PIDANA TERHADAP TINDAK PIDANA KEHUTANAN DALAM UPAYA PENANGGULANGAN MONEY LAUNDERING : STUDI MENGENAI KASUS ADELIN LIS (DIREKSI PT KEANG NAM DEVELOPMENT INDONESIA)

The inclusion of criminal act in the field of forestry as predicate crimes in legal institution as meant in Law No.25/2003 on Money Laundering gives a legal base for the law upholders to inquiry and investigate various transactions that arouse suspicion done by the finance institutions such as bank, stock market and insurance to look for the fund flow that eventually will lead to the intelectual actor who finances the illegal logging activity. In the practice of law enforcement in the case of Adelin Lis (Director of PT. KNDI), there was a legal fact that the decision made by Medan Court of First Instance and the Supreme Court did not follow the conception of understanding that in entrapping the doer through the approach based on the principle that the doer is assumed or can be assumed to have concealed the property obtained through the criminal activity of money laundring. Based on the condition above, the purpose of this analytical, descritive, normative legal study is to discuss the legal regulation used in enforcing the laws related to the crimial acts of forestry and money laundring in Indonesia, the responsibility of the doer of criminal act of forestry in the case of Adelin Lis (Director of PT. Keang Nam Development Indonesia), and the enforcement of criminal law on the doer of criminal act of forestry in an attempt to prevent the incident of money laundering. Since this study only describes the existing situation and condition related to the problems brought out, the data for this study were focused on the secondary data in the forms of primary, secondary and tertiary legal materials obtained through library research. The qualitative data were analyzed through picking up the articles containing legal norms regulating the crimial acts of forestry as predicate crime on money laundering in the criminal act of money laundering. Law No.25/2003 actually has given an adequately strong base for the law upholders especially the judges who bring the cases dealing with entrapping the doer of criminal act of forestry as predicate crime on money laundering to trial as an attempt of prevention through repressive (penal) approach. It is expected that through this penal approach, enforcing the law on criminal act of forestry can not only physically detect the doer but also the property obtained through the core crime especially the illegal logging that the criminal responsibility of the doer of money laundering who usally a person with high social status (white collar crime) can be asked because the main priority in the criminal act of money laundering is to return and to hunt the money or property obtained from the criminal act which is based on the following reasons: first, if hunting the doer will be more difficult and very risky; second, if hunting the money and property obtained from the criminal act is easier compared to hunting the doer; and third, that the money or property obtained from the criminal act is the live blood of the crime. Through the application of the law, the anti money laundering regime gives an opportunity to enforce the law to the intellectual actors especially those holding timber consessions (including IUPPHK Roberts Kennedy : Penegakan Hukum Pidana Terhadap Tindak Pidana Kehutanan Dalam Upaya Penanggulangan Money Laundering : Studi Mengenai Kasus Adelin Lis (Direksi Pt Keang Nam Development Indonesia), 2009 USU Repository © 2008 and HPH) who practice the illegal logging by emphasizing the investigation on the flow of the money obtained and to provide a legal base for the law upholders in entrapping the intellectual actors who finance the activity of illegal logging. Therefore, the investigation on the flow of the income obtained from illegal logging will be easily done because all of the income will finally go to the intellectual actors who finance the illegal logging. Hence, the responsibility of the doer of illegal logging through law enforcement is needed in the attempt to prevent the incident of money laundering so the legal framework applied in Law No.25/2003 on Money Laundering is that the suspect intends to hide or obscure the property obtained from the criminal act. If this framework is used in preventing the incident of criminal act of money laundering, the law upholders can surely confiscate the assets belong to the doer of money laundering based on 3 (three) modus opzet of the doer such as placement, layering, and integration.