Penerapan Tindak Pidana Korupsi terhadap Pelanggaran Prinsip Kehati-Hatian dalam Pemberian Kredit pada Bank BUMN/BUMD

Abstract

The application of corruption in violation of the principle of prudence in granting credit to the State Bank is still a matter of debate. Some of them consider the violation is an administrative violation (corporate mechanism), and another part considers the violation is a criminal act of corruption (APBN / APBD mechanism). This normative juridical study discusses the issue of regulating the principle of prudence in granting credit to the State Bank, and its application in cases of corruption, as well as accountability for corruption in State Bank. The regulation of prudential principles in granting Bank Negara loans based on the UUP, POJK, and SOP is an obligation to support public trust. In the UUP, POJK, and SOP, violations of prudence by the State Bank in granting credit, are not categorized as a criminal act of corruption, and can not be subject to criminal sanctions for corruption, but criminal sanctions in the form of banking (crime of banking) and administrative sanctions. The application of criminal acts of corruption to violations of the principle of prudence in granting credit to the State Bank follows the mechanism of the APBN / APBD, administrative sanctions are set aside if they meet the corrupt element. From the court's decisions, violating the SOP or POJK, and resulting losses to the State Bank is still considered as corruption. Criminal liability for violations of the principle of prudence in granting credit to the State Bank, in general in practice, court judges impose corruption penalties on employees / employees, management, or senior officers such as management, directors or commissioners, if proven to meet the intentional and elements other elements. All elements are linked intentionally, not negligently. Until now there has not been a corruption case that violates the prudence in granting credit to the State Bank, imposed sanctions by the defendant's accident. In order that violations of cautious obligations in granting credit are confirmed in the UUP as a criminal offense and also in the UUPTPK. The basic principles of credit analysis must also be placed in the articles, not in the explanation section. So that the application of criminal acts of corruption against violations of the principle of prudence in granting credit to the State Bank continues to guide the APBN / APBD mechanism so that it can reach various modes of operation in deviation of state finances. So that criminal liability for corruption in violation of the principle of prudence in granting credit to the State Bank can be imposed on its corporation, it must be adopted criminal liability without errors, such as strict liability, vicarious liability.