INDONESIAN CRIMINAL POLICY AGAINST FRAUD IN THE BANKING FIELD

Abstract

Recently, various cases of fraud in the banking sector have appeared to tarnish the meaning of banking as a pillar of national economic development. Regulations regarding handling fraud have also been regulated in several regulations, such as the Criminal Code, the Banking Law, and other special regulations. So an institution was formed which is expected to restore stability to the national economy, known as the Financial Services Authority. OJK and Bank Indonesia can coordinate and cooperate in joint supervision of financial services activities in the banking sector. This research aims to look at Indonesian criminal policies in enforcing and handling crimes in the banking sector, especially in terms of fraud. By looking at the institutional relationship between Bank Indonesia and the Financial Services Authority, it is hoped that they can coordinate in terms of reducing the number of frauds that occur in Indonesia. The method used is the documentary research method, where researchers see and analyze problems using selected document data. From the results of this research, it was found that banking crimes committed by bank insiders (crimes against the bank) need special attention. "Insider" crimes are closely related to the domination of policy and administration by one or several people and weak supervision, both by internal and external supervisors (regulators). In addition, various applicable regulations cause banks to often take excessive risks, which causes a decrease in the level of internal supervision, so that bank failures caused by fraud by insiders become higher.