theoretical implication of pro parte dolus pro parte culpa wrongdoing in theformulation of passive money laundering

This research is aimed at determining and analyzing the theoretical implications of passive moneylaundering as regulated in article 5 paragraph (1) of law number 8 of 2010 which is formulated in theform of a pro parte dolus pro parte culpa wrongdoing, indicated by the phrase “that he knows orreasonably suspects”. normative legal research with the statute and conceptual approaches was used. thelegal materials used were primary legal materials (law number 8 of 2010) and the secondary materialswere all relevant literature and publications in the legal field. the results show that the formulation of thecriminal act of passive money laundering in the form of a pro parte dolus pro parte culpa wrongdoing asreferred to in article 5 paragraph (1) of law number 8 of 2010 contradicts the theories of errors andcriminal proportionality. in this case, there seems to be a gap between das sollen and das sein. in thiscontext, das sollen is in the form of the theories of errors and criminal proportionality, which havestandards regarding the formulation of rules of law, while das sein refers to the existing rule of law,namely article 5 paragraph 1 of law number 8 of 2010.