Penjatuhan Pidana dalam Pemberian Kredit di Perbankan sebagai Tindak Pidana Korupsi dalam Perspektif Kriminologi (Studi Kasus Mahkamah Agung 756.K/PID.SUS/2014)

Abstract

The imposition of crimes in providing credit as a criminal act of corruption occurs as a result of misuse of credit by the bank. In making the decision to extend credit, data must first be obtained that the loan can be returned by the debtor according to the agreed agreement . Lending that does not pay attention to existing policies and procedures will invite the emergence of other irregularities, the farther the provision of credit from the guidelines that have been prepared, the greater the percentage of bad credit. Based on the description above, the problem is how are the procedures governing the provision of credit in banks, how are the factors causing the occurrence of corruption in the issuance of credit from a criminological perspective, as well as how the imposition of crimes in extending credit to banks is a criminal act of corruption in a criminological perspective. The research method used is normative law, and data collection is carried out qualitatively by observing the data obtained and connecting each data obtained with the provisions and legal principles related to the problem under study. The procedures that govern the provision of credit in banks that result in criminal acts of corruption can be seen in the initial interviews and on the spot. Factors Causing Corruption in the Provision of Bank Credit are seen from environmental factors and legal factors. Criminal charges in providing credit in banking as a criminal act of corruption in a criminological perspective can be in the form of capital punishment, imprisonment and additional crimes. However, in the criminal imposition contained in the Supreme Court decision No. 756.K / PID.SUS / 2014 in the form of imprisonment violating Article (3) of Law No. 31 of 1999 Jo. Law No. 20 of 2001 concerning the Eradication of Corruption Crime.