Legal Certainty against Banking Fraud Criminal Liability

Abstract

Some of the applicable provisions, cases of banking crimes, including fraud committed by banking corporations, use regulations that are not always consistent, while special laws regulate banking. It can be said that almost all of the perpetrators of unlawful acts in the banking sector are entrepreneurs/executives and officials. In addition, the difficulty of dealing with banking fraud is due to the perpetrators using almost the same modus operandi, making it difficult to distinguish them from other economic crime modus operandi, thus requiring special handling from law enforcement officials. This study aims to identify and analyze the issue of whether the legal certainty of criminal liability for banking fraud meets legal certainty based on banking regulations. The research method used is normative legal research, using a statute approach and an analytical approach. This study found that laws and regulations that do not precisely formulate the principle of corporate criminal liability do not have legal certainty, so it is difficult to apply and allows various interpretations. POJK does not provide legal certainty guarantees because the regulations regarding bank business activities are exposed to risk. Operational, so that it cannot be used as a practical guideline for aggrieved parties against banking actions, the existence of more than one provision for the investigation of a criminal act, one of which is a financial service crime, creates a separate discourse and the identification of corporate criminal liability still leads to the management. As regulated in the Banking Law.