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Normative: Jurnal Ilmiah Hukum
Published by Universitas Tamansiswa Padang
ISSN : 19075820     EISSN : 26208202     DOI : https://doi.org/10.31317/
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Normative Jurnal Ilmiah Hukum contain writings or articles in the form of theoretical studies, conceptual ideas, research results, reviews, book reviews , and scientific meeting results related to the dynamics of law that have never been published in scientific journals or scientific articles. The language used is Indonesian or English is good and correct. All incoming articles will be reviewed by the editor by involving the best partner. The manuscript deemed worthy will be edited without changing the substance.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 161 Documents
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Penerapan Pertanggungjawaban Pidana Korporasi Dalam Tindak Pidana Penggelapan Dana Pihak Ketiga Di Perbankan Yevendri Yevendri
Normative Jurnal Ilmiah Hukum Vol 14 No 1 (2026): Normative: Jurnal Ilmiah Hukum
Publisher : Fakultas Hukum Universitas Tamansiswa Padang

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Abstract

In an effort to collect funds, banks must recognize the sources of funds that exist in various levels of society in different forms. One of them is third party funds. These funds must be managed well, because they are temporary and must be returned, meaning that the bank as the holder of third party funds must be responsible for the safety of these third party funds. However, incident after incident has befallen the existence of these third party funds, one of which is the occurrence of a criminal act of embezzlement of third party funds committed by the defendant with the initials HAW, an employee of the BRI Watampone Branch, who was examined and tried by the Watampone District Court in Watampone, in Decision Number 387 / Pid.B / 2012 / PN.Wtp. which stated that the defendant with the initials HAW was guilty of committing the crime of "Embezzlement in His Position or Work" as regulated in Article 374 of the Criminal Code. The declaration of the defendant, identified as HAW, as the perpetrator of the crime of embezzlement of third-party funds and the sentence of four years' imprisonment minus the time served in detention, is inseparable from the acceptance of corporations as subjects of criminal law, which has brought about significant changes in the definition of criminal actors and raised issues regarding corporate criminal liability. In declaring the defendant, identified as HAW, as the perpetrator of the crime of embezzlement of third-party funds and sentencing him to four years' imprisonment minus the time served in detention, the system and theory of corporate criminal liability were applied, with management as the responsible creator and administrator, supported by identification theory and functional actor theory.

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