Kebijakan Kriminalisasi Terhadap Perbankan Dalam Pengelolaan Dana Nasabah Pada Rekening Tabungan Pasif Dikaitkan Dengan Tindak Pidana Perbankan

Martono, Martono (2020) Kebijakan Kriminalisasi Terhadap Perbankan Dalam Pengelolaan Dana Nasabah Pada Rekening Tabungan Pasif Dikaitkan Dengan Tindak Pidana Perbankan. Masters thesis, Universitas Islam Riau.

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Abstract

The renewal of a national law needs to be understood and permeated its meaning so that when forming law and laws it is always based on moral, national spirit in the to form of law that lives among the people, we usually call this the living law. This is essentially contained in the nation's view of life, that is Pancasila and UUD 1945 which has been adapted to the demands of the times (laws that develop or are dynamic) in line with demands for reform in the field of law. Therefore the law must have the ability to follow changes that occur in society, where the law is a means of control for the community and also a means of making changes in the community. From the background described above, the writer tries to formulate the main problems, namely: The first, what is the basis for consideration of the importance of criminalization of corporations in the banking sector when viewed from criminal law policies?. Secondly, what is the criminalization policy towards corporations in managing customer funds at passive savings accounts, if related to criminal acts in banking (legal renewal)?. The type of research the author uses in this research is mixed research. The method used by reviewing and examining library materials primary and secondary, then conducting interviews with parties related to this research. While the nature of this research is descriptive, which provides a clear and detailed picture of the problem that is the subject of research. After going through the process of collecting and processing data, then this data is analyzed based on qualitative methods. Then the conclusion is deductively formulated. Deductive is a method by drawing conclusions from general things to specific ones. From the results of this study, it can be concluded that the researcher conducted research on the importance of the criminalization of companies in the banking sector in terms of criminal law policies. Crimes in the banking world committed against passive accounts belonging to customers by the bank are acts that contain intentional elements and it is appropriate for these parties to be punished, the punishment does not only apply to the perpetrators of the crime, but also applies to the banks which are corporations. The way to allow these perpetrators to be punished is to formulate crimes in the banking sector with the legal subject being the corporation.

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