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All Journal Journal of Law, Poliitic and Humanities
Gneissa Beltsazar
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Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Qualifications and Legal Enforcement of Money Cheating and Money Game Actions in Banking Transactions from the Perspective of Banking Laws Haykal, Hassanain; Yosep Seftiadi; Gneissa Beltsazar; Safna Khaerani; Jillan Syifa
Journal of Law, Politic and Humanities Vol. 4 No. 6 (2024): (JLPH) Journal of Law, Politic and Humanities (September-October 2024)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v4i6.641

Abstract

Violations of banking regulations and principles in banking practices carried out by certain parties for personal gain, such as commissioners, directors, shareholders, and bank employees. These actions, such as channeling profits to subsidiaries, maintenance billing, credit pipelines, and credit recycling, are categorized as Money Cheating. Meanwhile, Money Game is a form of illegal investment involving unauthorized fund collection, in accordance with the Banking Law. Although both practices appear to be fraudulent crimes, it is necessary to examine whether they constitute banking crimes or financial crimes. In Indonesia, there are no regulations or studies that specifically distinguish between Money Cheating and Money Game, despite the increasing prevalence of both practices in the banking sector. This study uses a normative juridical method to qualify Money Cheating and Money Game actions based on the Banking Law. The results of the study indicate that Money Cheating can be qualified as a banking crime according to Article 49 paragraph (1) of the Banking Law, while Money Game involves the application of several legal rules such as Article 46 paragraph (1) of the Banking Law, Article 378 of the Criminal Code, and Articles 3, 4, and 5 of the Anti-Money Laundering Law. In conclusion, both practices are serious criminal offenses that require strict legal sanctions to maintain the integrity of the banking system.
Legal Certainty for Banks in the Use of Power of Sale Related to Repossessed Assets Gneissa Beltsazar; Nun Harrieti; Agus Suwandono
Journal of Law, Politic and Humanities Vol. 5 No. 3 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i3.1251

Abstract

Banks, as financial institutions, have an essential role in the economy, including in terms of providing credit. In the process of granting credit, collateral is one of the main elements that guarantee the debtor's ability to fulfil his obligations. One form of collateral that is often accepted is land rights, which are bound through mortgage rights based on Law Number 4 of 1996 concerning Mortgage Rights. This research aims to analyze the legal certainty related to the use of the power of sale by banks in relation to AYDA (repossessed collateral), as well as examine the legal aspects that need to be considered in its implementation. The research method used is a normative juridical approach, focusing on the analysis of relevant laws and regulations and related legal principles. The result of this research is that the position of a power of attorney to sell has a vital role in resolving bad debts, primarily related to the sale of collateral objects used as collateral in credit agreements. This power of attorney must meet the legal requirements of the contract stipulated in Article 1320 of the Civil Code and can take the form of a deed under the hand or an authentic deed. Legal certainty is critical in resolving bad debts through AYDA. The power of attorney to sell benefits the Bank by facilitating the execution of collateral, but it must also be balanced with strict supervision to avoid abuse of authority. This legal certainty also protects the rights of debtors, ensuring a transparent and fair process in the sale of assets. This increases public confidence in the banking system and provides protection for both parties. This research is expected to give a clearer understanding of the legality and legal implications of the use of a power of attorney to sell in the settlement of bad debts through AYDA.
Co-Authors Agus Suwandono Hassanain Haykal Jillan Syifa Nun Harrieti Safna Khaerani Yosep Seftiadi