Application of the Law on the Eradication of Corruption in Banking Crime Cases (Study of Several Judges' Decisions)

Authors

  • Andrey Anandia Prahidayat Universitas Swadaya Gunung Jati
  • Waluyadi University of Swadaya Gunung Jati
  • Ari Nurhaqi University of Swadaya Gunung Jati

DOI:

https://doi.org/10.62795/fjl.v6i1.445

Keywords:

Abuse of Authority, Banking Crime, Corruption, Judge's Consideration, State Financial Loss

Abstract

This research aims to determine the basis for judges' considerations in rulings on banking cases that are corruption crimes, and to analyze the types of banking crimes that can be categorized as corruption. This research uses a normative juridical method with a statutory and case-based approach. The results show that judges' considerations in banking crime cases and corruption cases in the banking sector have fundamental differences. In banking crime cases, judges emphasize violations of banking regulations, the principle of prudence, and official responsibilities, without directly linking them to state finances. Meanwhile, in corruption cases, judges assess abuse of official authority, unlawful acts in the management of funds, and a direct link to state financial losses. The form of banking crime that can be categorized as corruption is determined by fulfilling the elements of abuse of authority, unlawful acts, and state financial losses. Therefore, this qualification is not automatic but must be based on a comprehensive legal assessment of the act, the perpetrator, and the resulting consequences.

References

a. Journal Book

Almala, A. D., & Wicaksono, D. P. A. (2025). Just Law, a Prosperous Country: The Importance of Law Enforcement in Indonesia. JPIM: Journal of Multidisciplinary Scientific Research, 2(1), 1662–1668.

Arifin, M. Z. (2024). Corruption Crime of State Economic and Financial Losses (Legal and Practice Perspective). Pt Publica Indonesia Utama.

Atmsasmita, R. (2021). Romli Atmsasmita's Thought Series: Law and Law Enforcement. Medium Pregnancy.

Borean, M. (2021). Juridical Review of Banking Crimes Regarding the Collection of Funds in the Form of Deposits Without a Business License from the Leadership of Bank Indonesia (Case Study of Decision Number 222/Pid.Sus/2020/PT. DKI). Thesis. Hasanuddin University.

Effendy, M. (2012). Capita Selecta Criminal Law (Development of Actual Issues in Financial Crime and Corruption). REFERENCES.

Eugenia, F., Limanto, C. J., & Tedjokusumo, D. D. (2024). Practical Challenges in the Criminal Case Proving Process: Witness Credibility and Validity of Electronic Evidence. Iuris Studia: Journal of Legal Studies, 5(2), 492–503. https://doi.org/https://doi.org/10.55357/is.v5i2.642

Harkrisnowo, H., Dewata, M. F. N., & Achmad, Y. (2010). Dualism of Normative and Empirical Law Research. Student Library.

Kurniawan, F. Y. (2023). Juridical Analysis of the Application of Law of the Republic of Indonesia Number 20 of 2001 concerning Amendments to Law Number 31 of 1999 concerning the Eradication of Corruption in the Case of Government-Owned Bank Bad Loans. Thesis. Master of Law, Sultan Ageng Tirtayasa University.

Langkun, T. S., Bahrain, Wassef, M., & Asram, T. W. (2014). Study on Disparity in Criminal Decisions in Corruption Cases. Indonesia Corruption Watch.

Mulyadi, L. (2010). The Face of the Judge's Decision in the Indonesian Criminal Procedure Law. Image of Aditya Bakti.

Niagara, S. R. (2021). The basis for the judge's consideration of the perpetrators of banking crimes who deliberately do not ensure compliance with the bank (Study of Supreme Court Decision Number 1092K/Pid.Sus/2019). Thesis. Sriwijaya University.

Puspitarini, R., & Ratnawati, E. (2023). State Losses Due to Abuse of Authority of Bank Leaders in the Corruption Crime Decision Case Number 10/Pid.Sus-TPK/2022/PN Smg. UNES Law Review, 5(4), 1676–1689. https://doi.org/10.31933/unesrev.v5i4.468

Sagala, S. H. (2021). Legal analysis of the systematic use of lex specialis in corruption crimes. Thesis. Law, Panca Budi Development University.

Sandy, M. I. K., Ablisar, M., Mulyadi, M., & Siregar, M. (2024). Legal Certainty of the Application of the Corruption Law in Ensnaring Violators of the Principle of Prudence. Neoclassical Legal Review: Journal of Law and Contemporary Issues, 3(2), 65–76.

Sanusi, & Artadi, I. (2024). Special Criminal Law. Indonesian Educational Media.

Simamora, B. Y. P., Sinurat, A., & Nubatonis, O. J. (2024). The Application of Corruption Deliques in Bank Business Activities That Harm State Finances (Case Study of Bandung District Court Decision Number 82/Pid.Sus-TPK/2019/PN.Bdg and Decision of the Oelamasi District Court Number 21/Pid.Sus/2021/PN Olm). Journal of Proyuris, 6(1), 1–30.

Sitorus, D. A. (2020). Analysis of Criminal Acts of Violation of Banking Credit Procedures of PT BPR Madani (Study of Decision No. 190/Pid.Sus/2019/PT.MDN). Thesis. University of Medan Area.

Sitorus, J. P. (2025). Analysis of Criminal Liability of Perpetrators of Corruption in the Provision of Credit Facilities at Bank Negara Indonesia Tanjungkarang Branch. Thesis. University of Lampung.

Waluyadi. (1999). Basic Knowledge of Criminal Procedure Law (A Special Note). Mandar Advanced.

Waluyadi, & Leliya. (2022). Practical Ways to Write Thesis and Thesis in Law. DEEPUBLISH (CV BUDI UTAMA Publishing Group).

b. Legislation

Law Number 7 of 1992 concerning Banking

Law Number 10 of 1998 concerning Amendments to Law Number 7 of 1992 concerning Banking

Law Number 31 of 1999 concerning the Eradication of Corruption

Law No. 20 of 2001 concerning Amendments to Law No. 31 of 1999 concerning the Eradication of Corruption

c. Internet

FNH. "The wealth of SOEs is not part of the state's finances." Online Law. Last modified 2020. Accessed November 24, 2025. https://www.hukumonline.com/berita/baca/lt50913e5b4d3a1/kekayaanbumn-bukanbagian-keuangan-negara/

Additional Files

Published

2026-05-26

How to Cite

Anandia Prahidayat, A., Waluyadi, & Ari Nurhaqi. (2026). Application of the Law on the Eradication of Corruption in Banking Crime Cases (Study of Several Judges’ Decisions). Focus Journal Law Review, 6(1). https://doi.org/10.62795/fjl.v6i1.445

Issue

Vol. 6 No. 1 (2026): Focus Journal Law Review Vol. 6 No. 1 Mei 2026

Section

Artikel

License

Copyright (c) 2026 Andrey Anandia Prahidayat, Waluyadi, Ari Nurhaqi

Creative Commons License

This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.

Authors who publish with this journal agree to the following terms:

1.  Authors retain copyright and full publishing rights without restrictions and grant the journal right of first publication and other non-exclusive publishing rights with the work simultaneously licensed under a Creative Commons Attribution-NonCommercial 4.0 International License license that allows others to share the work with an acknowledgment of the work's authorship and initial publication in this journal.

2. Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgment of its initial publication in this journal.

3. Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work.

Similar Articles

<< < 1 2 3 

You may also start an advanced similarity search for this article.