Bareskrim's Transparent Handling of PPATK's LHA Through to Asset Execution in Online Gambling Case
Bareskrim Polri says the handling of the money-laundering case involving online gambling (judol) with assets seized amounting to Rp 58.1 billion is being conducted transparently. The operation began with a report from PPATK (the Financial Transaction Analysis and Reporting Centre) and culminated in asset execution that is then handed over to the state treasury.
This step by Bareskrim is also a follow-up to Supreme Court Regulation Number 1 of 2013 which regulates the procedure for handling wealth suspected to originate from money laundering or other offences, particularly when a suspect is not located or yet to be determined.
Director of Cybercrime (Dirtipidsiber) of Bareskrim Polri, Brigadier General Himawan Bayu Aji, explained that the disclosure of the online gambling case and TPPU is an extension of PPATK’s analysis report. He said the report was followed up by the Cyber Crime Directorate of Bareskrim Polri by blocking.
“We must emphasise that the asset execution today is a concrete follow-up to the analysis report or LHA provided by PPATK to the Directorate of Cyber Crime at Bareskrim Polri,” Himawan said.
Himawan said that online gambling offences have harmed the national economy. He noted that the implementation of Perma Regulation Number 1 of 2013 concerning the seizure of wealth in money-laundering offences, particularly online gambling, is a crucial part of law enforcement.
“This is a form of accountability for the follow-up LHA from PPATK and a form of transparency and public accountability,” he said.
Himawan noted that the assets handed over come from the seizure of 16 police reports (LPs) related to TPPU in online gambling. The Rp 58 billion figure comes from 133 accounts.
“With a total asset value handed over to the state via the Attorney General’s Office, today amounting to Rp 58,183,165,803 from 133 accounts,” he added.
He said the handling of the online gambling and TPPU case is conducted by Bareskrim together with other ministries and agencies. He emphasised that the police take online gambling seriously.
“The success of the asset execution today is strong evidence of inter-ministerial/institutional synergy. This synergy ensures that the legal process against online gambling offences remains our common concern,” he concluded.
Big Breakthrough
PPATK appreciated the Cyber Crime Directorate of Bareskrim Polri in the fight against TPPU drawn from online gambling. This move is seen as a form of inter-agency synergy in carrying out Regulation Number 1 of 2013.
Deputy for Analysis and Examination at PPATK, Danang Triharto, said this effort is also a good legal breakthrough. Because this mechanism allows asset seizure without waiting for the perpetrators to be punished.
“Perma 1 of 2013 relating to online gambling which reaches into state coffers is the first case. So this is the first case related to online gambling,” Danang said at a press conference at Bareskrim Polri, South Jakarta.
Danang explained that applying Perma is a solution to the challenge of prosecuting online gambling operators who often use other people’s identities or loan accounts.
In practice, online gambling operators often use deposit accounts in other people’s names to hold betting funds. This makes law enforcement difficult to identify the actual perpetrators (beneficial owners) behind the accounts.
“So if you understand, the money comes from the average of online gambling deposit accounts that use other people’s accounts. It means the actual perpetrators are not identified,” Danang explained.
Because there is no clear suspect yet the existence of illegal assets is real, the regular legal mechanism is difficult to apply. Therefore, Perma 1 of 2013 on the Procedure for Handling Wealth in Money-Laundering or Other Offences becomes the most appropriate instrument.
“Thus Perma 1 of 2013 was applied, not regular punishment as it should be,” he added.
Inter-agency Collaboration
Meanwhile, Senior State Prosecutor at Jampidum, the Attorney General’s Office, Muttaqin Harahap, said that the asset settlement is tangible proof of the success of law enforcement collaboration between investigators of Dittipidisiber Bareskrim Polri and the Executor Prosecutor. He confirmed that the online gambling case being handled has been resolved through a legitimate legal mechanism up to the execution stage.
“What is shown today to all of you is tangible proof that the online gambling case resolved through the mechanism of Regulation Number 1 of 2013 has become final,” Muttaqin said at a press conference at Bareskrim Polri, South Jakarta.
Muttaqin said his side had received the assets from Bareskrim investigators and directly processed them for the state’s benefit.
“As the Executor Prosecutor in the execution of the decision that has legal force, today we have also received around Rp 58 billion, and we have deposited it to the state treasury,” he continued.
He ensured that every rupiah of the seized assets from criminal activity is managed transparently. The seized funds from online gambling and TPPU are recorded as non-tax state revenue (PNBP).
“The Attorney General’s Office ensures that every seized asset handed over by investigators, particularly from Bareskrim Polri, has been deposited to the state treasury as an optimum use of non-tax state revenue (PNBP),” Danang explained.
He stated that the main focus of law enforcement in financial crime cases such as online gambling is not only punishing the body but also asset recovery to minimise losses to the state and the public.
Therefore, Muttaqin praised Bareskrim’s performance in applying Regulation Number 1 of 2013 on the Procedure for Handling Wealth in Money-Laundering or Other Offences.
“Once again, we commend the performance of kawa