BANKING CRIMES CONCERNING THE COLLECTION OF FUNDS IN THE FORM OF DEPOSITS WITHOUT A BUSINESS LICENSE FROM THE HEAD OF BANK INDONESIA
The main function of Indonesian banking is as a collector and distributor of public funds, whose purpose is to support the implementation of national development to increase equity, growth, and national economic stability for the welfare of the people. In achieving these goals, it is undeniable that problems will arise that will damage the image of banking, which will greatly impact the decline in public confidence in the banking sector. With the existence of Law Number 7 of 1992 which has been amended by Law Number 10 of 1998 concerning Banking, which specifically regulates criminal sanctions related to licensing, namely prohibiting the collection of funds from the public either in the form of deposits in the form of savings, deposits, demand deposits or in other forms equivalent thereto, which do not obtain a business license from the head of Bank Indonesia, as explained in Article 16 paragraph (1) of the Banking Law. This research uses a juridical-normative approach methodology, where law is seen as a rule or norm that regulates human behavior, and in this case statutory provisions are used as the main parameter in conducting this study, including to search for and find legal concepts and rules relating to the making of peace agreements in the settlement of a dispute in court. The result of this research is the criteria of banking criminal offense, which must raise funds from the public. The act of collecting funds from the public in a banking crime must or must be equipped with a license from the Chairman of Bank Indonesia, in accordance with Article 16 paragraph (1) of Law Number 10 of 1998 concerning Banking. Decision of the Tasikmalaya District Court Register Number: 27/Pid.B/2022/PN.Tsm. then revealed in the trial the Defendant committed the act of collecting public funds without the permission of the head of Bank Indonesia, the Defendant has fulfilled the elements of the crime as regulated in Article 46 paragraph 1 and paragraph 2 of Law Number 7 of 1992 jo. Law Number 10 of 1998 concerning Banking Law. While case number 524/Pdt.B/2008/PN.Tsm. The Panel of Judges was of the opinion that none of the defendants were categorized as collecting funds from the public which required a license from Bank Indonesia, because the funds collected from the public were not in the form of deposits as referred to in Article 16 of Law Number 10 of 1998, so the Panel of Judges held a different opinion by applying Article 378 of the Criminal Code. The consideration was because the defendant was proven to use a false name or false dignity, by deception or a series of lies, to move people to hand over goods or to give debts or write off receivables.
Banking, Collecting Funds, Crime.