The Liability Of Bank Employees On Fictitious Credit Case Of Civil Servants (The Research At Branch Of Bank Aceh, Located In Kuala Simpang)

Fadhil Mulyananda

International Conference of ASEAN Prespective and Policy (ICAP)
Vol 1 No 1 (2018): INTERNATIONAL CONFERENCE OF ASEAN PERSPECTIVE AND POLICY (ICAP)

Corruption is one of the criminal cases causing the harm to the State. Article 2, Verse (1) of Corruption Eradication Constitution regulates the substances of corruption cases. However, the argument rises related to the corruption case on Indonesian State Owned Enterprises (hereafter BUMN) or Indonesian: Regionally-Owned Enterprises (hereafter BUMD). The argument rises due to the financial separation of State on BUMN or BUMD that government acts as the shareholder that deserves to gain the consequences of profit and loss. This paper intends to find out three issues which are: 1) What is the responsibility of bank employees on the criminal offense of fictitious credit done by civil servants 2) What are the factors taken into consideration by the judge on verdict number18/Pid.Sus-TPK/2017/PN.Bna 3) How is the legal analysis on the liability of bank employee on the criminal case of fictitious credit done by civil servants? The research reveals that: 1. The Aceh Bank employees on the case number 18/Pid.Sus-TPK/2017/PN.Bna according to the Judge Panel, is stated guilty due to the negligence of employees and are not abided to Standard Operating Procedures (hereafter SOP) that had been set up when the credit was issued which resulted the fictitious credit that caused the loss of State finances. 2. The factors taken into consideration by Judge Panel in deciding verdict number 18/Pid.Sus-TPK/2017/PN.Bna are: the factors that meet the whole substances of indictment, the negligence factors of legal subjects (culpa), and the potential losses of the State. 3. Legal analysis of bank employees on the criminal case of fictitious credit as mentioned on verdict Number18/Pid.Sus-TPK/2017/PN.Bna is that the employees cannot be criminalized because they do not have bad intention (mensrea) and they had worked based on the certificate issued by Director of Company based on the business concept which has the consequences of profit and loss. Besides, the application of profit and loss of state on Bank Aceh can be acknowledge from the report of profit and loss provided at the end of the year.