PERTANGGUNGJAWABAN PIDANA DALAM TINDAK PIDANA PERBANKAN TERHADAP DEBITUR KREDIT MACET

Abstract

Law enforcement is the process of actual functioning of legal norms as a guideline for behavior or legal relations in the life of society, nation and state. The problem in this thesis is how is criminal responsibility in banking crimes against bad credit debtors? and What are the legal consequences of bad credit?. The type of research used is descriptive normative legal research. In line with the title and some of the problems stated above, it can be concluded that: The debtor's criminal liability for bad loans can be held criminally responsible under Articles 263 and Article 264, the Criminal Code concerning Counterfeiting or Fraud, Article 378 of the Criminal Code, Article 49 Paragraph 2 (a) and Article 48 Paragraph 1 and Paragraph 2 of the Banking Law Number 7 of 1992, and even 31 of 1999 concerning the Eradication of Corruption in conjunction with Article 55 paragraph (1) 1st of the Criminal Code, because they have harmed state finances. And the Legal Consequences of bad credit, which can result in state administrative law, civil law, and even criminal law, because even though the material loss can be resolved does not mean that legal matters have also been resolved by themselves, because what is resolved here is only the civil side, but the criminal side remains attached as long as the responsibility of the perpetrator (plager) is not applied in the form of sanctions or punishments as regulated both in the banking law and the Criminal Code as positive law.
Keywords: Criminal Liability, Bad Credit.