In Indonesia, there are many forms of economic crime like smuggling, tax evasion, drug trafficking, human trafficking, violation of copyrights, bank frauds, embezzlement, credit card fraud and fraud of certificates of bills of lading. Indonesia has criminalized money laundering but they are facing many difficulties in implementing the laws. There are laws controlling economic crime relating to banking, copyright, trade and service marks, and there is a provision in Law No. 15 of 2002 which criminalizes money laundering (amended by Law No. 25 of 2003).
Generally, the perception of the type and amount of economic crime which occurs in Indonesia accords with the reported instances of economic crime. The notable exceptions to this statement involve asset misappropriation and money laundering. Only 15.6% of companies in Indonesia perceive asset misappropriation as prevalent economic crime, compared to 31.9% of companies reporting incidents over the past two years. As to money laundering, the perceived risk of occurrence is 16.4% compared to reported incidents of 2.8%.
In general Indonesia companies have realized their exposure to economic crimes by taking some detection and prevention measures. 85.3% of these companies surveyed have more than 5 methods in place, as shown in figure 1.
Figure.2 on the following page shows that almost half of the economic crime cases detected in Indonesia were initially identified by tipping-mechanisms, including whistle-blower systems, and tip-offs from internal and external sources.
Indonesian companies are increasingly promoting whistle-blowing policies as an integral part of their risk management program. When this detection tool is correctly implemented, it has the strong potential of effectively uncovering fraud–increasingly replacing the chance element of anonymous tip-offs.
Another proven detection method is an internal audit, where detection occurs in 27% cases. There are several detection measures that appear to be effective globally but not been reported as being effective in Indonesia such as corporate security, audit committees, rotation of staff and electronic automated suspicious transaction report systems.
We assist clients with various legal issues that arise in operating business on a daily basis including providing legal advice and creating legal documentation such as contracts. Contact us for corporate practice service at +62 21 5082 0033 or mail to firstname.lastname@example.org
Follow us on FMB Partner social media pages: