RELATION BETWEEN RECHTSSTAAT CONCEPT WITH LEGAL CERTAINTY IN MONEY LAUNDERING ASSET TRACING REGULATION WITH CORRUPTION AS THE PREDICATE CRIME IN ECONOMIC CRIME

Abstract

Rechtsstaat Nation–law-based nation–is an ideal habitat for human rights because there is a guarantee for human rights through the independence of justice, legal proceedings, and other justice tools. Through this concept, it is expected that law certainty can take place. In Article 1 number (3) UUD 1945, it is clear and pronounced that Negara Kesatuan Republik Indonesia is a legal state. Therefore, the presence of legislation is expected to bring legal certainty, including Law No. 8 of 2010 about the Prevention and Eradication of Money Laundering which regulates asset tracing. However, factually, there are still some weaknesses in that legislation in regulating asset tracing, such as redundant articles, the development of “follow the money” concept that is still unknown to many parties, and so on. Thus, it can be seen that the existence of legal state concept does not guarantee a perfect law certainty.