Abstract

Human life activities are inseparable from the risks that can occur at any time that can cause losses. One effort to overcome this is to use insurance services, but today there are often cases of insurance that harm the community, among others, due to irregularities by insurance agents and the perpetrators are only subject to criminal sanctions in the insurance sector, even though the act is a criminal act of money laundering.

This research is a normative juridical research, using a statutory approach and a case approach. The results of the study show that law enforcement against perpetrators of criminal acts in the insurance sector from the perspective of money laundering, in the case committed by Mrs. Swita Glorite Supit based on Manado District Court Decision Number: 125/Pid.Sus/2021/PN.Mnd dated June 8, 2021, has not been implemented optimally in accordance with the provisions of applicable laws and regulations. Law enforcement only applies the provisions of general crimes and criminal acts in the insurance sector, despite the fact that Mrs. Swita Glorite Supit committed money laundering proceeds in the insurance sector.

Obstacles in law enforcement against perpetrators of criminal acts in the insurance sector from the perspective of money laundering consist of aspects of legal substance, where the provisions on criminal acts in the insurance and money laundering sectors are special crimes so that investigators and public prosecutors only apply crimes in the insurance sector, and there are no Financial Services Authority (OJK) regulations that specifically govern the procedures and activities of insurance agents. Obstacles also arise from aspects of legal structure, where law enforcement officers handling the case did not apply the provisions of money laundering in accordance with the acts committed by Mrs. Swita Glorite Supit, and from aspects of legal culture, where the public does not sufficiently know and understand the legal provisions governing criminal acts in the insurance sector and money laundering.