Free Movement of Judgments in Cross-Border Money Laundering Crimes: A Legal Stance Toward the ASEAN Legal Integration

Simanjuntak, Efendi Lod; Naili, Yuris Tri; Samekto, F.X. Adji

doi:10.1007/978-981-16-3195-5_13

Cited by 2 publications

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“…However, there are some challenges facing the smoothness and speed of responding to the requests for MLA or extradition with the countries that do not have bilateral agreements for cooperation between them. This causes some delays in gaining the required approvals through the relevant diplomatic channels (Simanjuntak et al , 2021, p. 225). For example, requests for MLA necessitate the approval of the Malaysian Minister of Justice, while extradition requests require the approval of the Malaysian Minister of Home Affairs.…”

Section: Provisions Of the Mutual Legal Assistance And Extradition In...mentioning

confidence: 99%

Mutual legal assistance and extradition under anti-money laundering laws: a comparative analysis between Palestine and Malaysia

Alshaer

Said

Rajamanickam

2023

JMLC

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Purpose The global cooperation and cooperation between nations at differing stages in anti-money laundering (AML) is critical. To improve the effectiveness of international cooperation in AML, it is essential to diversify international cooperation mechanisms and improve the capacity of law enforcement officers in the field of preventing this crime. This paper aims to provide a comparative analysis of mutual legal assistance (MLA) and extradition within the AML legal framework in Palestine and Malaysia. It investigates the gaps and weaknesses in Palestine’s AML legal framework and offers recommendations to address them. Design/methodology/approach The present paper is solely legal. The method adopted in this research paper is qualitative research with an emphasis on the doctrinal mechanism. As a result, it concentrates on procedures, protocols, legislation and policies. Findings The Malaysian AML legal framework offers a clearer and more comprehensive framework for MLAs and extradition than the Palestinian AML legal framework. This framework is supported by laws that meet the basic requirements to support the issues of AML international cooperation. Both countries agree that the absence of a “bilateral or multilateral agreement” is not considered a reason for rejecting international cooperation in the field of AML with foreign countries. Moreover, the Malaysian AML legal framework divides the roles well between the law enforcement agencies and the competent authorities competing to Palestine. Originality/value This paper would be beneficial for the Palestinian legislative, policymakers and law enforcement agencies to make international cooperation, especially with MLAs and extradition effective.

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Section: Provisions Of the Mutual Legal Assistance And Extradition In...mentioning

confidence: 99%

Mutual legal assistance and extradition under anti-money laundering laws: a comparative analysis between Palestine and Malaysia

Alshaer

Said

Rajamanickam

2023

JMLC

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“…Transnational crime is a significant threat to the prosperity and peace of today’s international community (Simanjuntak et al , 2022). It can destabilise the global economy (Hagedorn, 2005).…”

Section: Literature Reviewmentioning

confidence: 99%

The role of information sharing in combating money laundering: the importance and challenges of mutual legal assistance for developing jurisdictions like Pakistan

Sultan

Mohamed²

2022

JMLC

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Purpose The study aims to explore the challenges of developing jurisdictions like Pakistan in achieving significant mutual legal assistance from the international community, especially for sharing financial information. Design/methodology/approach A qualitative approach of semi-structured interviews was adopted to complete the study’s objective. The selection of financial experts for interviews was based on purposive sampling. Findings This study concluded that Pakistan is facing several challenges, including mistrust of the international community; political disinterestedness and instability; delaying tactics in implementation, capacity and resources of law enforcers; and proximity with hostile neighbours. Originality/value Rare studies discussed this issue in the Pakistani context.

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Free Movement of Judgments in Cross-Border Money Laundering Crimes: A Legal Stance Toward the ASEAN Legal Integration

Cited by 2 publications

References 0 publications

Mutual legal assistance and extradition under anti-money laundering laws: a comparative analysis between Palestine and Malaysia

Mutual legal assistance and extradition under anti-money laundering laws: a comparative analysis between Palestine and Malaysia

The role of information sharing in combating money laundering: the importance and challenges of mutual legal assistance for developing jurisdictions like Pakistan

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