JEAIL > Volume 12(2); 2019 > Student Contribution
Research Paper
Published online: November 30, 2019
DOI: http://dx.doi.org/10.14330/jeail.2019.12.2.08
Free Movement of Judgments in Cross-Border Money Laundering Crimes: A Legal Stance toward the ASEAN Legal Integration
Efendi L. Simanjuntak & Yuris T. Naili & FX Adji Samekto
Tanjung Mas Raya Blok B/31 Tanjung Barat, South Jakarta, Indonesia.
Corresponding Author: efendilod.undip@gmail.com
ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.
Abstract
Transnational money laundering is a global issue that requires international solutions. This paper examines the concept of Free Movement of Judgments which should be realized in the legal integration process of the ASEAN in order to overcome the negative impacts of money laundering. This research will analyze the regulation for criminalizing money laundering in the ASEAN and compare it with the criminal cooperation in the European Union. The ASEAN Treaty on Mutual Legal Assistance in Criminal Matters (MLAT 2004) is expected to be an alternative to an extradition treaty. If adopting the Free Movement of Judgements, judicial decisions of an ASEAN member country regarding transnational crimes of money laundering would be recognized and implemented in other member’s jurisdiction reciprocally. This adoption is expected to be an effective solution to overcome impunity in cross-border money laundering actors.
Keywords :
Extradition, MLAT 2004, Money Laundering, ASEAN, Free Movement of Judgments, Integration of Law
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