International Journal of Law


International Journal of Law
International Journal of Law
Vol. 7, Issue 4 (2021)

Persero banking corruption criminal review from law number 10 of 1998 concerning banking


Muhammad Resa Mahza, Dahlan, Muzakkir

Banking as a financial intermediary institution that collects and distributes public funds. In carrying out its functions, banks can carry out various business activities, including fundraising, lending, and other activities. Criminal acts related to business activities are regulated in Article 49 paragraph (1) of Law no. 10 of 1998 concerning Banking which reads, if a bank violates criminal provisions in the implementation of its business activities, changes, obscures, hides, deletes, or eliminates a record in the books or in reports, as well as in documents or reports on business activities, transaction reports or accounts. a bank, or knowingly alter, obscure, omit, hide or damage the bookkeeping records, threatened with imprisonment for a minimum of 5 (five) years and a maximum of 15 (fifteen) years and a fine of at least Rp. 10,000,000,000.00 (ten billion rupiah) and a maximum of Rp. 200,000,000,000.00 (two hundred billion rupiah). A criminal act of bank business activity cannot be qualified as an act of corruption that causes state losses, due to capital participation by the State in the form of separated State assets. Whereas in fact, when the State includes its capital in the form of shares to a state-owned commercial bank, then the wealth becomes the assets of the state-owned commercial bank and does not become the wealth of the state. A criminal act of bank business activity cannot be qualified as an act of corruption that causes state losses, due to capital participation by the State in the form of separated State assets. Whereas in fact, when the State includes its capital in the form of shares to a state-owned commercial bank, then the wealth becomes the assets of the state-owned commercial bank and does not become the wealth of the state. A criminal act of bank business activity cannot be qualified as an act of corruption that causes state losses, due to capital participation by the State in the form of separated State assets. Whereas in fact, when the State includes its capital in the form of shares to a state-owned commercial bank, then the wealth becomes the assets of the state-owned commercial bank and does not become the wealth of the state.
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