http://www.thejakartapost.com/news/2010/06/09/editorial-money-laundering-here-stay.html

Editorial: Money laundering here to stay
The Jakarta Post | Wed, 06/09/2010 9:59 AM | Editorial 


National Police chief of detectives Comr. Gen. Ito Sumardi's clarification last 
week that the Rp 95 billion (US$10.35 million) in bank accounts reportedly 
owned by Police Insp. Gen. Budi Gunawan had been cleared as legitimate wealth, 
built up over the years from a business run by him and his family, left a lot 
of big, troubling questions.

What about the regulation that bans senior police and military officers from 
operating businesses? Have tax officials audited Gunawan's businesses and have 
he and his family paid the appropriate income tax?
 Gunawan, formerly chief of the Jambi provincial police and now the head of the 
police internal affairs division, was one of 10 police officers whose bank 
accounts were suspected by the PPATK (Financial Transaction Reports and 
Analysis Centre, or the financial intelligence unit) of involvement in 
suspicious transactions, as defined by the money laundering law. 

The PPATK found through its surveillance that Gunawan, whose monthly official 
pay ranged between Rp 4 million and Rp 6 million, together with his son 
conducted suspicious transactions between 2005 and 2008, whereby several 
businesspeople frequently transferred money to their bank accounts.

Another big question is what type of business was Gunawan and his son engaged 
in that could have generated such huge profits. If their businesses were so 
profitable, have they paid the proper taxes on those earnings?

Since Gen. Sumardi did not mention anything at all about clearance from the tax 
office, we greatly doubt the $10.35 million sitting in Gunawan's bank accounts 
has derived from legitimate businesses.

The ease with which the reports on suspicious transactions involving the bank 
accounts of police officers have been resolved, only heightens our concern that 
the anti-money laundering institution, like the Corruption Eradication 
Commission, is being crippled.

PPATK chief Junus Husein announced in August 2005, after a meeting with then 
National Police chief Gen. Sutanto, that his office had found indications of 
money laundering involving hundreds of billions of rupiah related to the bank 
accounts of 15 police officers.

However, nothing came from the reports given by the PPATK to the National 
Police though the dossiers were made based on thorough analyses by lawyers, 
police officers and financial experts working with the financial intelligence 
unit. 

What a frustrating job for the financial intelligence unit, which was set up in 
2002 based on the money laundering law.

What, then, is the use of the politically independent financial intelligence 
unit if most of its well-researched and analyzed reports on suspicious 
transactions can be so easily turned down by the police?

The problem is that the financial intelligence unit is mandated only to compile 
and report indications of money laundering to the National Police, who are then 
responsible for conducting further investigations for eventual prosecution.

An effective enforcement of this law could have helped the national campaign 
against corruption and other crimes, such as drug trafficking and illegal 
logging, because those whose bank accounts were found by the financial 
intelligence unit to be involved in suspicious transactions are required by law 
to prove, with legal evidence, that the money in their accounts was derived 
through legitimate means.

There is another reason as to why government must act firmly to strengthen the 
financial intelligence unit in enforcing the money laundering law. A withered 
anti-money laundering drive could again prompt the Financial Action Task Force 
(FATF) of developed countries to put Indonesia back onto its blacklist of 
high-risk countries for financial transactions.

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