Pengaturan dan Penerapan Hukum terhadap Tindak Pidana Transfer Dana ditinjau dari Pasal 85 Undang-Undang Nomor 3 Tahun 2011 Tentang Transfer Dana

Abstract

The Law Number 3 of 2011 concerning Fund Transfers increase the types of special crimes that previously existed in Indonesia. It is a criminal act of transferring funds. The law regulates several acts that qualify as a criminal act of transferring funds, one of them is the act of deliberately controlling and acknowledging as his own funds resulting from the transfer that known or should be known to be not his rights as regulated in Article 85. This study uses a normative research method with a statutory approach and conceptual. The data consists of secondary data. Data collection techniques consisted of literatur study techniques and document studies, the data were analyzed qualitatively. The criminal act of transferring funds provide a new alternative for law officers in determining the criminal threat of a case. Prior to the law, law officers tended to use Article 372 of the Criminal Code as the basis for sentencing the said criminal event. However, the application of the law is still rarely used by legal officials because the application of these provisions requires a deeper investigation process, and to determine criminal liability. The law still has shortcomings in the threat of basic and additional penalties. Because if the perpetrator of the crime is in the form of a corporate legal subject, then the provisions of Article 87 of the law applied, which creates a tendency for the Panel of Judges to only impose basic criminal sanctions as fines and additional sanctions as returning funds belonging to victims or banks, without giving criminal sanctions in prison to provide a deterrent effect.