ANALISIS KASUS TINDAK PIDANA PENGGELAPAN DENGAN MENGGUNAKAN JABATAN DALAM MENGGANDAKAN REKENING BANK (Studi Kasus: Putusan No. 1945/Pid.B/2005/PN.MDN)
Abstract: The development of
banking criminal offense other than a lot of very adverse impact on the party
in which the victims, will also lead to a negative impression of the people
against the Indonesian banking institutions. Probms to be discussed are: (1)
What are the factors that favor the occurrence of criminal fraud in the banking
sector on Decision No. 1945 / Pid.B / 2005 / PN.MDN? (2) How is the
consideration of the judge in imposing punishment to the perpetrators of the
crime of fraud in the banking sector on Decision No. 1945 / Pid.B / 2005 /
PN.MDN? (3) How is the application of the criminal to criminal fraud in the
banking sector on Decision No. 1945 / Pid.B / 2005 / PN.MDN?. To answer the
above problems, the authors conducted a study with normative juridical research
method that examines the decision No. 1945 / Pid.B / 2005 / PN.MDN. Data
collection techniques using literature. The data were analyzed qualitatively.
From the results of this study concluded: (1) factors that contribute to
criminal acts in the field of banking fraud that ethical principles of banking,
legal relationship between the bank and the account holder, the number of types
of accounts that led to the emergence of fictitious accounts in the form of
duplicate accounts and law enforcement. (2) The consideration of the judge in
matters against the defendant based on the consideration of judges, among
others defendant disturbing the public, especially for customers of Bank Rakyat
Indonesia Unit Bandung, the defendant has never been convicted, the defendant
and the defendant's regret will perbuatanya still young and is expected to
still be able to change his actions in the future. (3) The application of
criminal penalties less perceived sense of fairness when considering the
principle of absolute liability or stric liability on corporations to criminal
fraud in the banking sector.
Penulis: Fajri Syaputra, Uning
Pratimaratri, Syafridatati
Kode Jurnal: jphukumdd151390
