The Nature of the Stand-Alone Money Laundering Concept

An Interest Theory Perspective

Abstract

The concept of stand-alone money laundering remains a subject of debate in academic discourse. Some scholars argue that this concept is inconsistent with the principle of justice because it does not require proof of the predicate offense in the prosecution of money laundering crimes. This debate has also affected the effective enforcement of stand-alone money laundering provisions. This study employs a doctrinal approach using secondary data and aims to examine the nature of stand-alone money laundering and the balance of interests in its implementation through Roscoe Pound’s interest theory. The findings reveal that stand-alone money laundering is a response to the increasingly complex development of organized financial crime. This concept introduces a breakthrough in disrupting the financial chains of criminal proceeds by criminalizing acts intended to conceal or disguise illicit assets and by allowing the use of indirect evidence to establish the existence of a predicate offense. Understanding the nature of this concept also demonstrates that the enforcement of stand-alone money laundering can serve as a mechanism for balancing competing interests. However, its implementation must be supported by stringent evidentiary standards, transparent legal processes, and independent oversight mechanisms to ensure justice and maintain a balance between efforts to combat money laundering and the protection of human rights.