The Issue of Freezing without Delay in Counter Financing of Terrorism and the Implementation under Indonesian Law

Go, Lisanawati (2015) The Issue of Freezing without Delay in Counter Financing of Terrorism and the Implementation under Indonesian Law. Thammasat Law Journal, 44 (1). pp. 270-296.

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Abstract

The important passages through the international instruments and other international standard relating with financing of terrorism is that individual terrorist and/or terrorist organization, both of extremist and fundamentalist terrorist, can exist, live, and operate well from the activity of financing, through legal and/or illegal activity. Financing of terrorism does not put laundering process as the main goal to do their financing activity, but relied more on the process how to get huge funding to support and re-activated the terrorist in order to achieve their purpose. One of the important regimes which are approached in the context of financing of terrorism is using asset forfeiture as an important mechanism to cut the blood of crime and the root of terrorism activity. Freezing without delay mechanism as mentioned in the United Nation Security Council Resolution (UNSCR 1267) should be implemented in domestic legislation to counter financing of terrorism. The Law Number 9 of 2013 of the Republic of Indonesia concerning Prevention and Eradication on Financing of Terrorism Crime regulates undue delay for terrorist fund freezing as mentioned in Article 22. Further, there are also another long process which should be implemented in blocking the process. This working paper will assess the obstacles as well as the opportunity to implement the freeze without delay in Indonesian context.

Item Type: Article
Uncontrolled Keywords: Freezing without delay, counter financing of terrorism, threat and opportunity, mechanism of blocking
Subjects: K Law > K Law (General)
Divisions: Faculty of Law > Department of Law
Depositing User: Eko Setiawan 194014
Date Deposited: 26 Jan 2016 02:49
Last Modified: 05 Feb 2016 03:31
URI: http://repository.ubaya.ac.id/id/eprint/26554

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