المسؤولية الجنائية للمصارف الليبية عن غسل الأموال ودورها في مكافحتها دراسة مقارنة

This item is published by Universitas Islam Negeri Sunan Ampel Surabaya

Ashmila, Abdul Samad Rajab (2017) المسؤولية الجنائية للمصارف الليبية عن غسل الأموال ودورها في مكافحتها دراسة مقارنة. PhD thesis, UIN Sunan Ampel Surabaya.

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Abstract

Research conflict : The transfer of funds through the banks of multiple countries complicates the process of identifying the sources of these funds, This raises the problem of the existence of legislation that balances the economic interests of the country and the rights of individuals in the secrecy of their banking operations in addition to the full capacity to combat crime, Money laundering is an across country crime which needs an active international cooperation in order to reveal and stop the crime Raise the problem of the compliance and reporting of domestic legislation and domestic banking institutions to treaties and conventions on combating money-laundering, with a report. Research question : 1) How is the perspective of Libyan law on bank criminal responsibility toward money laundering? 2) How Libyan banks faced money laundering? 3) How Libyan law influenced with Islamic Fiqh and international law on money laundering cases? This is a qualitative research which used a descriptive analysis approach. The result of the study shows that 1) Libyan law has set the policy and rules on bank responsibility dealing with money laundering. 2) Libyan banks face the phenomena of money laundering through a set of procedures and rules set by Central Bank of Libya. However, the procedures fail in dealing with exceptional condition in Libya. It shows the weakness of role of banks in Libya in stopping money laundering. 3) Libyan law and bank rules are influenced by international law and Islamic fiqh in the aspect of crime, penalty and procedure. However, it seems weak in implementing the international law. Furthermore, Libyan banks also have weak commitment on some international procedure to deal with money laundering. Islamic Fiqh law is more universal on the illegal money source since there are some sources illegal in Fiqh but legally by low