Toward a Pancasila Based National Ethics Court: An Institutional Model for Indonesia's Judicial Ethics System

Abstract

The misuse of dormant accounts in money mule schemes has become an increasingly common method of money laundering because it conceals perpetrators’ identities and obscures the origin of illicit funds. This phenomenon raises legal questions regarding the limits of criminal liability for account holders whose accounts are lent or misused by others. This study aims to analyze the legal framework governing the misuse of dormant accounts in money mule schemes under Indonesian law and to examine the criminal liability of account holders based on the doctrine of fault in criminal law. This study adopts a normative juridical approach by applying statutory and conceptual approaches to examine the relevant legal issues. The legal materials were obtained through library research and subsequently examined using qualitative analysis with a descriptive-analytical method. The findings show that dormant accounts are particularly vulnerable to exploitation as instruments of layering in money laundering. Nevertheless, account ownership alone does not automatically give rise to criminal liability. Criminal liability can only be imposed where a causal connection is established between the prohibited conduct (actus reus) and the requisite element of fault (mens rea). Based on their level of knowledge and intent, account holders may be classified as knowing money mules, unknowing money mules, coerced money mules, or individuals who consciously accept the risk of misuse (dolus eventualis). Therefore, criminal liability in money mule schemes should be determined on a case-by-case basis by assessing the account holder’s involvement, knowledge, freedom of will, and fault.