Act No. 9 By 2013

Original Language Title: Undang-Undang Nomor 9 Tahun 2013

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c4e7899ad809696313231343234.html

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Back COUNTRY GAZETTE EXTRA RI No. 5406 law. Criminal. Funding. Terrorism. Prevention. Eradication. Repeal. (Explanation of the State Gazette Number 2013 50)

EXPLANATION for the law of the Republic of INDONESIA number 9 by 2013 on PREVENTION and ERADICATION OF CRIMINAL ACTS of TERRORISM FUNDING I.  In line with the GENERAL objectives of the national unitary State of the Republic of Indonesia as stated in the fourth paragraph of the opening of the Constitution of the Republic of Indonesia in 1945, namely protecting all nations of Indonesia and all the spilled blood of Indonesia and to promote the general welfare, the intellectual life of the nation, and carry out the order of the world which is based on freedom, eternal peace and social justice, Indonesia has a duty and a responsibility to maintain a safe life , peaceful, prosperous, and active in the peace of the world.

To realize the national goal, necessary law enforcement have consistently and continuously to protect its citizens from any disturbance and threat or destructive actions, both originating from domestic and from abroad.

The crime of terrorism is an international crime that endanger world peace and security and is a violation of human rights, especially the right to life. A series of criminal acts of terrorism that occurred in the territory of a unitary State of Republic Indonesia have resulted in loss of life regardless of the victim, the community, fear and loss of property so that the impact on social life, economics, politics, and international relations.

Efforts for the eradication of criminal acts of terrorism as long as it's done conventionally, by punishing the perpetrators of criminal acts of terrorism. To be able to prevent and eradicate the crime of terrorism to its full potential, it needs to be followed by another attempt by using the system and the search mechanism of the flow of funds due to criminal acts of terrorism may not be done without a supported by the availability of funds for terrorism activities.

Funding of terrorism are cross country so that prevention and eradication efforts undertaken by involving Financial service providers, law enforcement agencies, and international cooperation to detect the presence of a flow of funds used or allegedly used for funding the activities of terrorism.

During this time there were several provisions relating to the prevention and eradication of criminal acts of terrorism funding, namely: 1. Law number 15 Year 2003 concerning the determination of the Replacement Government Regulations Act No. 1 of 2002 about the eradication of criminal acts of terrorism, became law; and 2.  Act No. 8 of 2010 on prevention and eradication of the crime of money laundering.

Law number 15 Year 2003 concerning criminal acts also regulate the funding of terrorism still present weakness. Similarly, the efforts of incorporating the crime of terrorism as one of the original crime (predicate crime) in Act No. 8 of 2010 on prevention and eradication of the crime of money laundering has yet to be implemented effectively in the prevention and eradication of criminal acts of terrorism funding.

The commitment of the international community in its efforts to prevent and eradicate crime funding terrorism embodied by the passage of the International Convention for the Suppression of the Financing of Terrorism, 1999 (International Convention for the Suppression of Funding of terrorism, 1999). Indonesia has been conducting the ratification of the Convention by Act No. 6 of 2006 about the passage of the International Convention for the Suppression of the Financing of Terrorism, 1999 (International Convention for the Suppression of Funding of terrorism, 1999).

The Convention has been ratified by the eradication of International Terrorism and the need for Funding the strengthening of arrangements regarding the criminal offence against the funding of terrorism, needs to be established laws on the prevention and eradication of criminal acts of Terrorism Funding.

This law regulates in a comprehensive manner concerning the criminalization of acts of criminal funding terrorism and other criminal acts relating to the funding of terrorism a criminal offence, the application of the principle of recognizing users of financial services, reporting and monitoring of compliance, monitoring the activities of sending money through the transfer system or through other systems carried out by financial Service Providers, supervision of bringing cash and/or other payment instruments into or out of the customs area of Indonesia the blocking mechanism, the inclusion in the list of unpredictable terrorists and terrorist organizations, arrangements regarding investigation, prosecution, and examination in the Court of session, as well as teamwork, both national and international, in the framework of prevention and eradication of criminal acts of terrorism funding.

The scope of funding terrorism in this law include acts committed directly or indirectly in order to provide, collect, give, or lend Funds to another party which he knew would be used to commit criminal acts of terrorism.

In addition, the set also regarding terrorist organization, that group of people who have a common goal that is based on the Court ruling stated have been doing criminal acts of terrorism or are based on the determination of the Court set out in the list of unexpected terrorist organization. A terrorist is a person or an individual based on the Court decision convicted of criminal acts of terrorism or are based on the determination of the Court set out in the list of unpredictable terrorists.

Financial service provider in this legislation, among other things, financing institutions, banks, insurance companies and insurance brokerage firms, pension funds of financial institutions, securities companies, investment manager, custodian, trustee, perposan as a provider of current account, foreign exchange traders, organizer of the means of payment using the card, the e-money providers and/or e-wallet, cooperative activities save borrow, pawn shops, a company engaged in the field of commodity futures trading , or organizers of the business activities of the remittance.

International cooperation from the implementation of this legislation needs to be done in a careful and prudent in the corridors of the national legal system by giving priority to the national interest, particularly the aspect of blocking requests from foreign countries and foreign jurisdictions.
II. For the SAKE of ARTICLE ARTICLE article 1 is pretty clear.
Article 2 is quite clear.
Article 3 refusal of granting extradition and mutual legal assistance in criminal matter on the grounds that criminal acts are disangkakan or didakwakan is not a crime, but terrorism funding crime politics are not justified on the basis of this provision.

Thus, the perpetrator of the criminal offence of funding terrorism cannot take refuge behind the background, motivation and political purposes to avoid themselves from investigation, prosecution, examination in the Court of session, and/or punishment against perpetrators. This provision is also intended to improve the efficiency and effectiveness of the Treaty on extradition and mutual legal assistance in criminal issues between the Government of the Republic of Indonesia and the Government of another country.
Article 4 is quite clear.
Article 5 is quite clear.
Article 6 is quite clear.
Article 7 is quite clear.
Article 8 paragraph (1) is quite clear.
Subsection (2) is quite clear.
Paragraph (3) is quite clear.
Subsection (4) is quite clear.
Subsection (5) the letter a is quite clear.
The letter b is quite clear.
The letter c is the Corporation's dissolution of the “ ” is the legal measures to stop companies from its business activities.

The dissolution of the Corporation that is not incorporated the law stated based on court rulings stating that the Corporation declared a prohibited Corporation.

Dissolution of corporations incorporated in accordance with the provisions of laws and regulations.
The letter d is quite clear.
The letter e is quite clear.
The letter f is quite clear.
Subsection (6) is quite clear.
Paragraph (7) is quite clear.
Article 9 paragraph (1) this provision known as the anti-tipping off an expanded, namely the addition of the term “ Everyone ” that broadened the scope of the parties is obligated to keep secret the information, documents, and/or other information relating to Suspicious financial transactions Linked to funding Terrorism learned or acquired.
Subsection (2) is quite clear.
Paragraph (3) is quite clear.
Article 10 is quite clear.
Article 11 letter a is quite clear.
The letter b is quite clear.
The letter c is quite clear.
The letter d is the “ cash ” is the paper money or coins, either in the form of currency in rupiah or foreign currency.

The other payment instruments “ ” is the clearance over the carry, among other things, in the form of checks, traveler's checks, mail is able to pay, and certificates of deposit.
Article 12 is quite clear.
Chapter 13 is quite clear.
Article 14 is quite clear.
Article 15 is quite clear.
Article 16 is quite clear.
Article 17 is clear enough.
Article 18 is quite clear.
Article 19 is quite clear.
Article 20 paragraph (1) is the “ activities of the remittance through other ” systems including the granting of service delivery money informally, such as hawala.
Subsection (2) is quite clear.
Paragraph (3) is quite clear.
Subsection (4) is quite clear.
Article 21 Surveillance against bringing in cash and/or other payment instruments performed by the Directorate General of customs and Excise in the form of research and examination of carriers of cash and/or other payment instruments listed in list of unpredictable terrorists and terrorist organizations.
Section 22


Blocking referred to in this provision is against the blocking of the funds based on evidence of the beginning of a fairly noteworthy allegedly used or to be used for criminal acts of Terrorism that were tried in Indonesia.

The blocking of Funds based on evidence of the beginning of a pretty, known or suspected strong is used or will be used, either whole or in part, for the crime of terrorism.
Article 11 paragraph (1) is the authorized agencies “ ”, among others, national land Agency for blocking a certificate or letter of land related or Police for blocking mail motor vehicles.
Subsection (2) is quite clear.
Paragraph (3) the definition “ ” administration actions are activities complement the results of the analysis or examination.
Subsection (4) is quite clear.
Subsection (5) is quite clear.
Subsection (6) is quite clear.
Paragraph (7) is quite clear.
Subsection (8) is quite clear.
Subsection (9) is quite clear.
Article 24 is quite clear.
Article 25 is quite clear.
Article 26 is quite clear.
Article 27 paragraph (1) is quite clear.
Paragraph (2) letter a is quite clear.
The letter b is “ related ” government agencies, among others, the Foreign Ministry, the National Counter-terrorism Agency, and the State Intelligence Agency.
The letter c is quite clear.
The letter d is quite clear.
Paragraph (3) is quite clear.
Subsection (4) is quite clear.
Subsection (5) is quite clear.
Subsection (6) is quite clear.
Paragraph (7) is quite clear.
Article 28 paragraph (1) is quite clear.
Subsection (2) does the phrase “ directly or indirectly ” are funds which significantly controlled by persons or corporations in the list of unpredictable terrorists and terrorist organizations and other parties associated with that individual.
Paragraph (3) is quite clear.
Subsection (4) is quite clear.
Subsection (5) is quite clear.
Article 29 is pretty clear.
Article 30 of the letter a is quite clear.
The letter b is quite clear.
The letter c is quite clear.
The letter d is the “ reason is ” by-law State or condition which, according to the provisions of the legislation can be relied upon to set aside the matter, for example.
Article 31 is quite clear.
Article 32 is quite clear.
Article 33 subsection (1) is quite clear.
Paragraph (2) the determination of the Central Jakarta District Court regarding the identity of the person or the removal of Corporate rehabilitation of the load or the Corporation in the form of vindication and the right to obtain compensation and/or rehabilitation.
Article 34 paragraph (1) this provision is meant to give an opportunity to people or Corporations that are registered in the list of unpredictable terrorists and terrorist organizations that their funds are blocked to apply using a portion of the funds that are blocked for the fulfillment of his needs.
The letter a is the “ ” their dependants are people who live or lived in one (1) home with people whose names are on the list of unpredictable terrorists and terrorist organizations.
The letter b is quite clear.
The letter c is quite clear.
The letter d is quite clear.
The letter e is quite clear.
The letter f is quite clear.
The letter g is quite clear.
The letter h is quite clear.
The letter i is quite clear.
The letter j is quite clear.
The letter k is quite clear.
Subsection (2) is the “ people or Corporations who have a direct interest ” for example family, insurance, or other third parties.
Paragraph (3) is quite clear.
Subsection (4) is quite clear.
Article 35 paragraph (1) is the “ penegahan ” is the Act of the Administration to delay the bringing in cash and/or other payment instruments into or out of the customs area of Indonesia.
Subsection (2) is quite clear.
Paragraph (3) is controlled by the “ State ” is the mastery of cash and/or other payment instruments for a while by the State until it can be determined the status of cash and/or other payment instruments. The change of status was intended to Police investigators can process cash and/or other payment instrument for the Administration to be demonstrated that there has been an error or no error occurs on the basis of this Act by the person who is listed in list of unpredictable terrorists and terrorist organizations.
Subsection (4) is quite clear.
Article 36 is quite clear.
Article 37 paragraph (1) is quite clear.
Subsection (2) is quite clear.
Paragraph (3) is quite clear.
Subsection (4) is quite clear.
Subsection (5) in the case of the head of State police of the Republic of Indonesia, the head of the regional police force, the Attorney General of the Republic of Indonesia, or Chief Prosecutor misadventure, the signing is performed by an appointed official.
Subsection (6) is quite clear.
Article 38 the letter a is quite clear.
The letter b is quite clear.
The letter c Document defined in article 1 point 2 called the phrase “ including but not limited to ” intended to anticipate the development of technology in the future.
Article 39 is quite clear.
Article 40 paragraph (1) is quite clear.
Paragraph (2) letter a is quite clear.
The letter b is not “ guided ” is the grant description is done freely and not redirected.
The letter c is quite clear.
Paragraph (3) is quite clear.
Subsection (4) is quite clear.
Article 41 international cooperation carried out in accordance with the laws that regulate foreign relations and international treaties.
Article 42 is quite clear.
Article 43 paragraph (1) the request referred to in this provision is not a request for mutual assistance in a criminal matter as set forth in law No. 1 of 2006 about Mutual Assistance in a Criminal Matter. Therefore, in this legislation need to be regulated in particular procedures for requests for assistance from foreign jurisdictions to the Government of the Republic of Indonesia associated request Blocking against funds that are in Indonesia based on a list of unpredictable terrorists and terrorist organizations of foreign countries or foreign jurisdictions.
Subsection (2) is quite clear.
Paragraph (3) is quite clear.
Subsection (4) is quite clear.
Article 44 is quite clear.
Article 45 is quite clear.
Article 46 is pretty clear.
Article 47 is quite clear.
Article 48 is quite clear.
Article 49 is quite clear.
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