Legal Analysis of The PPATK Mechanism in Blocking Dormant Accounts in Money Laundering (Reviewed According to The Theory of Criminal Liability)

This study examines the mechanism for the temporary suspension of dormant accounts by the Financial Transaction Reports and Analysis Center (PPATK) from the perspective of criminal liability theory. The issues analyzed include the legal status of dormant account holders and the implications of temporary suspension measures in relation to criminal liability. This study employs a normative legal method using a statutory approach through the examination of Law No. 8 of 2010 and related regulations. The findings indicate that the authority of PPATK under Article 44(1)(i) of Law No. 8 of 2010 constitutes a preventive administrative measure based on financial intelligence and a risk-based approach. Therefore, it cannot be interpreted as the imposition of criminal liability or as a coercive measure under criminal procedure law. However, existing regulations do not specifically classify dormant accounts as a separate risk category, creating the potential for broad administrative discretion. Account holders whose accounts are temporarily suspended remain legal subjects protected by the presumption of innocence and the principle of no punishment without guilt, since dormant account status is merely an administrative condition and does not automatically establish actus reus or mens rea. From the perspective of criminal liability theory, temporary suspension is not a criminal sanction. Nevertheless, it may produce a quasi-punitive effect if not accompanied by proportionality, procedural fairness, and adequate access to legal remedies. Therefore, clearer regulations are required regarding dormant account criteria, risk assessment standards, and objection mechanisms to balance money laundering prevention with the protection of constitutional rights.