Recht Studiosum Law Review
Vol. 2 No. 1 (2023): Volume 2 Nomor 1 (Mei-2023)

Penyelidikan dan Penyidikan Tindak Pidana Korupsi Terhadap Kasus Kredit Macet Pada Bank Bumn Menurut UU Tipikor

Siregar, Putra R (Unknown)
Ablisar, Madiasa (Unknown)
Nasution, Mirza (Unknown)
Siregar, Mahmul (Unknown)



Article Info

Publish Date
31 May 2023

Abstract

One element of corruption offenses is the unlawful action that harms the state's finance or economy. In the context of state-owned banks, there are still two different opinions about the source of finance, whether it belongs to state finance or limited liability company (PT) finance. Due to this ambiguity, anti-corruption investigators should understand this issue before investigating state-owned banks with a limited liability company structure. The research was conducted at the North Sumatra High Prosecutor's Office because it is currently investigating alleged corruption crimes related to non-performing loans worth IDR 39.5 billion at Bank BTN Medan Branch. The research aims to investigate: first, the regulation of corruption investigation related to non-performing loans cases in state-owned banks, which are related to the lex specialis derogat legi generalis principle; and second, the investigation of corruption crimes related to non-performing loans cases in state-owned banks by the North Sumatra High Prosecutor's Office. This research used a descriptive-analytical normative legal research method with a legislative approach. The data were collected through secondary sources and field studies at the North Sumatra High Prosecutor's Office. The data were analyzed using a qualitative data analysis method. The research findings show that based on the lex specialis systematische principle, the Banking Law should be applied to banking cases resulting in non-performing loans. The North Sumatra High Prosecutor's Office conducts corruption investigations by collecting evidence to be used as valid evidence, and when the suspect is found, the evidence will be used to prove the case. It is recommended that law enforcement officers, especially the prosecutors and judges who apply the law to the cases, should apply the Banking Law to non-performing loan cases. If there is an unlawful action found in the provision of credit facilities, it should be investigated as a corruption case.

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Journal Info

Abbrev

rslr

Publisher

Subject

Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Recht Studiosum Law Review (E-ISSN: 2961-7812) is a legal science journal and is a double blind peer review journal published by Talenta Publisher, Universitas Sumatera Utara which is managed by the academic community of the Faculty of Law, Universitas Sumatera Utara, Indonesia. This journal was ...