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Ada Pertanyaan? Hubungi Kami Mandatory Reporting of Money Laundering Activity Aims to Protect ?Gatekeeper? Professionals, Insists Govt
Marcell Sihombing, Tri Yuanita Indriani, Muhammad Yasin
In order help bring about a corruption-free Indonesia and to protect whistle blowers, the government has issued Government Regulation No. 43 of 2015 on Informants Regarding the Prevention and Eradication of Money Laundering Crime (“2015 Regulation”).Professionals dealing with financial transactions (so-called “Gatekeeper” professionals) are required to report any possible money-laundering crime that they become aware of to the Indonesian Financial Transaction Reports and Analysis Centre (PPATK).
“Gatekeeper” is a term commonly used in the international community and refers to professionals working in the legal and financial industries. These professionals have knowledge of, and special access to, the global financial system, as well as the ability to utilize these attributes in order to cover up the results of criminal activities.
In Indonesia, gatekeeper professionals include lawyers, accountants, notaries, and financial planners.
According to the 2015 Regulation, the above-mentioned professionals are considered qualified to act as informants, thus obliging them to report suspicious transactions to the relevant institutions. These professionals are thus now compelled to implement the so-called “Know Your Customer” (KYC) principle.
Agus Santoso, Deputy Head of the PPATK, recently asserted that professionals working in these fields should not take these matters lightly, and that the purpose of mandatory reporting regarding the country's money-laundering policy was to protect these gatekeeper professions from abuse by irresponsible individuals. Mr. Santoso's statement refers to
a 2015 Regulation that stipulates that gatekeeper professionals, “tend to be abused by money-laundering offenders looking to hide or cover up the origins of wealth resulting from criminal activities by obscuring them behind the confidentiality of professional relationships”.
Mr. Santoso also warned gatekeeper professionals that thorough investigations would be carried out in order to apprehend offenders who engage in money-laundering activities. Any signs of cover ups by gatekeeper professionals will result in said professionals being prosecuted as co-conspirators and becoming subject to penal sanctions.
Juniver Girsang, a senior lawyer currently practicing in Jakarta, takes issue with Mr. Santoso's recent statements however and believes the mandatory-reporting obligation to be disproportionate. Prior to the 2015 Regulation, lawyers were already obliged to report certain crimes to the relevant authorities, however Mr. Girsang believes that the 2015 Regulation overemphasizes this obligation.
“The 2015 regulation is really of little or no significance for lawyers,” Mr. Girsang told hukumonline on Monday of last week.
Mr. Girsang further highlighted possible problems regarding the new policy by explaining that obliging lawyers to report a lack of criminal activity with regard to their clients would be an offense, since it would reveal clients’ secrets and compromise the close relationships that exist between lawyers and clients. The fact remains however, that anyone working in any gatekeeper profession must now report any “known” criminal activities to the relevant authorities.
Denny Kailimang, another senior lawyer, has also weighed in to the debate. However Mr. Kailimang has assured lawyers that they should not fear criminalization as a result of the new mandatory reporting policy. “Lawyers working professionally and in compliance with their code of ethics and prevailing laws, should be aware that the possibility of penal sanctions being imposed upon them is almost zero,” Mr. Kailimang has concluded.
(For more information on the 2015 Regulation, see ILB No. 2680)
(hot/ja/sp)
Marcell Sihombing, Tri Yuanita Indriani, Muhammad Yasin
In order help bring about a corruption-free Indonesia and to protect whistle blowers, the government has issued Government Regulation No. 43 of 2015 on Informants Regarding the Prevention and Eradication of Money Laundering Crime (“2015 Regulation”).Professionals dealing with financial transactions (so-called “Gatekeeper” professionals) are required to report any possible money-laundering crime that they become aware of to the Indonesian Financial Transaction Reports and Analysis Centre (PPATK).
“Gatekeeper” is a term commonly used in the international community and refers to professionals working in the legal and financial industries. These professionals have knowledge of, and special access to, the global financial system, as well as the ability to utilize these attributes in order to cover up the results of criminal activities.
In Indonesia, gatekeeper professionals include lawyers, accountants, notaries, and financial planners.
According to the 2015 Regulation, the above-mentioned professionals are considered qualified to act as informants, thus obliging them to report suspicious transactions to the relevant institutions. These professionals are thus now compelled to implement the so-called “Know Your Customer” (KYC) principle.
Agus Santoso, Deputy Head of the PPATK, recently asserted that professionals working in these fields should not take these matters lightly, and that the purpose of mandatory reporting regarding the country's money-laundering policy was to protect these gatekeeper professions from abuse by irresponsible individuals. Mr. Santoso's statement refers to
a 2015 Regulation that stipulates that gatekeeper professionals, “tend to be abused by money-laundering offenders looking to hide or cover up the origins of wealth resulting from criminal activities by obscuring them behind the confidentiality of professional relationships”.
Mr. Santoso also warned gatekeeper professionals that thorough investigations would be carried out in order to apprehend offenders who engage in money-laundering activities. Any signs of cover ups by gatekeeper professionals will result in said professionals being prosecuted as co-conspirators and becoming subject to penal sanctions.
Juniver Girsang, a senior lawyer currently practicing in Jakarta, takes issue with Mr. Santoso's recent statements however and believes the mandatory-reporting obligation to be disproportionate. Prior to the 2015 Regulation, lawyers were already obliged to report certain crimes to the relevant authorities, however Mr. Girsang believes that the 2015 Regulation overemphasizes this obligation.
“The 2015 regulation is really of little or no significance for lawyers,” Mr. Girsang told hukumonline on Monday of last week.
Mr. Girsang further highlighted possible problems regarding the new policy by explaining that obliging lawyers to report a lack of criminal activity with regard to their clients would be an offense, since it would reveal clients’ secrets and compromise the close relationships that exist between lawyers and clients. The fact remains however, that anyone working in any gatekeeper profession must now report any “known” criminal activities to the relevant authorities.
Denny Kailimang, another senior lawyer, has also weighed in to the debate. However Mr. Kailimang has assured lawyers that they should not fear criminalization as a result of the new mandatory reporting policy. “Lawyers working professionally and in compliance with their code of ethics and prevailing laws, should be aware that the possibility of penal sanctions being imposed upon them is almost zero,” Mr. Kailimang has concluded.
(For more information on the 2015 Regulation, see ILB No. 2680)
(hot/ja/sp)