Legal Liability for Banking Criminal Actions that are not Members of the Justice Board of Commissioners

DOI

10.2991/978-2-38476-024-4_28How to use a DOI?

Keywords

Banking Crime Actors; Legal Liability; Member of the Board of Commissioners

Abstract

This study discusses the formulation of the elements of Article 49 paragraph (1) of Law Number 10 of 1998 concerning Amendments to Law Number 7 of 1992 concerning Banking, which reads that Members of the Board of Commissioners, Directors, or Bank Employees who intentionally create or cause false records in the books or in the reporting process, as well as in documents or reports on business activities, transaction reports or bank accounts. The perpetrators of criminal acts in the banking sector cannot be held legally responsible according to Law Number 10 of 1998 concerning Amendments to Law Number 7 of 1992 concerning Banking. The problem of this research is that the perpetrators of criminal acts in the banking sector who are not members of the Board of Commissioners, Directors, or Bank employees cannot be held legally responsible because the perpetrators are outside the banking structure. This research method uses an empirical juridical approach, namely statutory, conceptual, and case approaches supported by primary and secondary data. The results of the study indicate that there is a need for improvement in Law Number 10 of 1998 concerning Amendments to Law Number 7 of 1992 concerning Banking, in the provisions of Article 49 paragraph (1) it is better to begin with the sentence “everyone…” thus, the law The law can be used to hold legal accountability for perpetrators of criminal acts in the banking sector other than members of the board of commissioners, directors, or bank employees.

Copyright

© 2023 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Ponadi Ponadi
PY  - 2023
DA  - 2023/04/19
TI  - Legal Liability for Banking Criminal Actions that are not Members of the Justice Board of Commissioners
BT  - Proceedings of the International Conference On Law, Economics, and Health (ICLEH 2022)
PB  - Atlantis Press
SP  - 257
EP  - 264
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-024-4_28
DO  - 10.2991/978-2-38476-024-4_28
ID  - Ponadi2023
ER  -