The Financial Intelligence Analysis Concept On Financial Crime Investigation In Criminal Law Enforcement Renewal

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Asep Kurniawan Cakraputra, Lies Sulistiani, Mien Rukmini, Dian Ediana Rae

Abstract

When a crime is detected, the main challenge for law enforcement is to find sufficient preliminary evidence to strengthen the evidentiary aspect. Evidence is a key point to gain confidence that there is a strong correlation between a crime and the perpetrator and so that law enforcement does not violate a person's human rights. The current case handling illustrates the conventional approach in conducting investigations that are not optimal, especially in the context of fulfilling sufficient preliminary evidence. Whereas to determine the act of arresting, detaining and confiscation of a person's assets, one must meet the criteria for a probable cause of committing a crime and must meet the criteria for Sufficient Preliminary Evidence. The essence of the philosophy of regulating "sufficient preliminary evidence" is very important to protect the legal objectives, namely legal certainty, justice and legal benefits.Facing these conditions, it is necessary to create a new concept, The Financial Intelligence Analysis Concept, which is useful for finding sufficient initial evidence that forms the basis for conducting an investigation, determining the direction of an investigation to be effective and successful. In addition, The Financial Intelligence Analysis Concept can also determine the proceeds of crime, find the mastermind behind the crime, store illegal assets and other financial crimes related to international crimes, cross-border crimes and organized crimes for investigations carried out by investigators and other relevant institutions. The Financial Intelligence Analysis Concept as a new concept in the investigation of financial crimes in the renewal of criminal law enforcement requires supporting theories ranging from legal philosophical theories to practical legal application theories. Then the theory that is deemed suitable to build The Financial Intelligence Analysis Concept in the investigation and investigation of financial crimes in the renewal of criminal law enforcement uses grand theory, The Rule Of Law Theory, Middle Range Theory, use Development Legal Theory and applied theory use The Criminal Justice System.

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