Lestari Victoria Sinaga
Universitas Mahkota Tricom Unggul

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Pertanggungjawaban Tindak Pidana Korupsi Kredit Fiktif BNI Terhadap Terdakwa Ditinjau Dari Perspektif Hukum Pidana Dan Hukum Perbankan Lestari Victoria Sinaga
Punggawa Law Review Vol. 1 No. 3 (2026): Punggawa Law Review
Publisher : Punggawa Legacy Center

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Abstract

This study examines criminal liability in the corruption case involving fictitious credit at Bank Negara Indonesia (BNI), with a particular focus on the legal accountability imposed on the defendant as reflected in Supreme Court Decision Number 1590 K/Pid.Sus/2015. The case illustrates how irregularities in the banking sector, particularly fictitious lending practices, can result in significant financial losses and undermine public trust in financial institutions. The objective of this research is to analyze the form of criminal liability imposed on the defendant, the legal considerations employed by the judges in reaching their decision, and the application of Indonesian criminal law and anti-corruption legislation in resolving the case. This research adopts a normative juridical approach using statutory, conceptual, and case approaches. The primary legal materials consist of the Supreme Court Decision Number 1590 K/Pid.Sus/2015, Law Number 31 of 1999 concerning the Eradication of Corruption Crimes as amended by Law Number 20 of 2001, Law Number 7 of 1992 concerning Banking as amended by Law Number 10 of 1998, and Law Number 1 of 2023 concerning the Indonesian Criminal Code. Secondary legal materials include legal textbooks, scientific journals, and other relevant scholarly publications. Data were collected through library research and analyzed qualitatively using descriptive-analytical methods. The findings indicate that the defendant's criminal liability was established based on the fulfillment of the legal elements of corruption, supported by sufficient evidence demonstrating intentional unlawful conduct, abuse of authority, and financial losses suffered by the state. The court's legal reasoning emphasized the existence of unlawful acts, the defendant's active participation, and the causal relationship between the defendant's conduct and the resulting state financial losses. This study contributes to the development of criminal law, particularly in understanding the application of criminal liability principles in banking corruption cases involving fictitious credit schemes. Furthermore, the findings provide practical insights for law enforcement agencies, banking institutions, and policymakers in strengthening legal enforcement and preventing similar offenses within Indonesia's banking sector.
Business Judgment is Not a Crime (Suatu Pandangan tentang Resiko Investasi, Keputusan Bisnis, Itikad Baik, dan Batas Pidana) Sarman Sinaga; Lestari Victoria Sinaga; Fitriani
SEIKAT: Jurnal Ilmu Sosial, Politik dan Hukum Vol. 5 No. 4 (2026): SEIKAT: Jurnal Ilmu Sosial, Politik dan Hukum, Agustus 2026
Publisher : LPPM Sekolah Tinggi Ilmu Ekonomi 45 Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55681/seikat.v5i4.2616

Abstract

Criminal law exists to punish those who commit crimes, not those who make business decisions in good faith that turn out not to be as expected. However, fair law enforcement must be able to distinguish between malicious intent to enrich oneself unlawfully with business decisions taken professionally and with good intentions but then facing the risk of loss. Using normative legal research methods with the approach of Limited Liability Company Law Number 40 of 2007 and the Corruption Crime Law. This study concludes that investment decisions taken in good faith, through correct procedures, without personal enrichment can be criminalized simply because the investment is unsuccessful because an intrinsic part of the venture capital business model is the risk of failure, resulting in Not All Investments will be successful. When business risk is judged as a crime, who dares to innovate.