Reconstruction of Criminal Liability Regulations for Money Laundering Offenders Based on Justice Values

Money laundering crimes pose significant threats to economic stability and financial system integrity, prompting legal systems worldwide to impose severe criminal penalties as deterrents. This study examines the criminal liability regulations for money laundering offenders in Indonesia, which currently lack a justice-based approach. The research aims to: (1) identify and analyze why current criminal liability regulations for money laundering offenders fail to reflect justice values; (2) examine the weaknesses in these regulations; and (3) develop a justice-based reconstruction of criminal liability regulations for money laundering offenders. This research employs a constructivist paradigm with a socio-legal approach, utilizing analytical-descriptive methods. Data collection involved observation, interviews, and literature review, with qualitative analysis of primary and secondary legal materials, including primary legislation, secondary legal materials, and tertiary legal sources. The findings reveal that: (1) Current criminal liability regulations for money laundering offenders lack justice-based values because the Anti-Money Laundering Law (Law No. 8 of 2010) fails to specify time limits for fine payments and allows for disproportionate imprisonment substitutions, creating legal disparities; (2) The regulatory framework suffers from structural weaknesses (poor coordination among enforcement agencies), substantive weaknesses (unclear provisions and jurisdictional conflicts), and cultural weaknesses (societal resistance to financial transparency); (3) A justice-based reconstruction of criminal liability regulations requires amendments to Article 8 of Law No. 8 of 2010, including provisions for asset confiscation to satisfy unpaid fines, mandatory instalment payments when assets are insufficient, court-determined payment periods of up to 16 months, and imprisonment as a substitute penalty for non-payment