Justice Based Criminal Law Enforcement in the Implementation of Prudential Banking Principles on Banking Crime Management

Abstract

The application of prudential banking principles in practice is very complex, given the many banking management activities. In addition, based on the provisions of Article 49 paragraph 2 (b), the implementation of the principle of prudential banking may be interpreted as an attempt to criminalize every banker if, according to this provision, there are actions that show bank disobedience to the provisions of laws and regulations concerning banking. This is, of course, a problem considering that only some real ones participate in the action. The research objective of this study is to describe the realization of justice-based law enforcement against violations of prudential banking principles as banking crimes and to analyze and describe prudential banking principles that have yet to be able to tackle justice-based banking crimes. The approach method uses normative juridical. The data collection technique used in this research is document study. The method of data analysis is qualitative normative. The conclusion that can be obtained based on the results of the analysis is the realization of justice-based law enforcement against violations of prudential banking principles as banking crimes, namely by making legal constructions of prudential banking principles by applying the business used by banks to assess their assets and absorb potential losses that have been estimated due to the risk of default in payment from the financing process. On the other hand, embedding elements of crime in implementing prudential banking is appropriate, considering that banking activities are activities related to the general public. The principle of prudential banking has not been able to tackle banking crimes based on justice, as seen in the objective of punishment, which is to repair individual and social damage caused by criminal acts. The thing that must be addressed regarding the existence of punishment for "bank employees" is that the punishment must be directed at the subject of the perpetrator, not at all "employees". This becomes a tendency to attach criminality when associated with the value of justice. This is very logical considering that not all "bank employees" are involved in a criminal act violating prudential banking principles, even though they are still within the scope of their job desk authority. The ideal criminal law enforcement policy in the application of prudential banking principles in dealing with justice-based banking crimes is that in addition to the need to increase the bank's control function, both carried out internally by banks and from Bank Indonesia (now the Financial Services Authority) must be tightened and strengthened by setting standard operational standards. Maintaining compliance with procedures and processes in banking activities, supervising management and strictly maintaining the principle of prudence and moral standards on the part of the bank. No less important is the regulation of laws and regulations as a legal basis for law enforcement officials in dealing with criminal acts in the banking sector.