Kriminalisasi Kredit Perbankan dalam Pemberantasan Tindak Pidana Korupsi (Studi Putusan Mahkamah Agung No 1144k/Pid 2006)

Abstract

Case of bad debts, which is basically a matter of civil law, it is also possible contact with the criminal law. Criminal aspects of a case of bad loans generally occurs during the loan application process and at the time of loan disbursement. When the loan application is submitted, is not uncommon delinquency debtor, either alone or in cooperation with the bank officials, such as collusion and conspiracy corruption in lending between the debtor and the bank officials seems to have become a tradition in lending, especially in government banks. Credit application is filed, the debtor is not uncommon delinquency, either alone or in cooperation with the bank officials, such as collusion and conspiracy corruption in lending between debtors and bank officials seems to have become a tradition in lending, especially in government banks. Due to the many colored corruption occurs lending despite no prior credit agreement or without adequate collateral in accordance with applicable regulations. This research is a normative juridical. The study refers to the normative-legal norms contained in legislation and legal norms that exist in society. Normative juridical research or normative legal research conducted by examining the library materials is also called secondary data and legal research literature. Procedures and mechanisms of the Company's credit application should be more careful in the analysis to prospective borrowers for a loan amount of consumer credit where credit is arguably in large enough quantities for a period of time long enough to have the high level of risk and potential state financial harm. If discovered facts sufficient to act against the law that violates the rules to indict perpetrators adverse bad credit finance State then there is no harm to put under the Banking Act of Corruption Act, but needs to be examined aspects of mistakes so no recurrence verdict free to the defendant by reason no evidence of the loss of state.