| Summary: | This article aims to analyze pro parte dolus pro parte culpa form of guilt in the passive money laundering formula as stipulated in article 5 paragraph (1) of Law Number 8 of 2010 from an economical approach to law. The method used in writing this article is a normative legal research method with a conceptual approach and a statute approach. The result of writing this article is that when viewed from the perspective of an economic approach, pro parte dolus pro parte culpa form of guilt in Article 5 paragraph (1) of Law Number 8 of 2010 which will result in passive money laundering, which is carried out due to negligence is also punishable by imprisonment spending the state budget only for minor offenses. In other words, it will just waste the state budget for disproportionate interests. With the existence of a large state budget expenditure, especially for the operationalization of the implementation of imprisonment against passive money laundering, which is carried out due to negligence, the government's efforts to increase state revenue, especially from the tax sector, and also efforts to recover state losses through law enforcement to money laundering will become a hopeless problem. The state budget allocated for this purpose should be used to achieve public welfare, for example, for health, education, and so on. In short, the existence of a large state budget expenditure, especially for the operationalization of the implementation of imprisonment against passive money laundering committed due to negligence, will reduce the state budget that should be used to fulfill the community's welfare.
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