UPAYA PENANGULANGAN TINDAK PIDANA DI BIDANG PERBANKAN MELALUI PENDEKATAN KEBIJAKAN REGULASI DAN PENERAPAN HUKUM PIDANA

Abstract

Increasing banking activity in serving the needs of society and in supporting the national economic growth rate,resulting in bank vulnerable to be aberrations that lead to acts/crimes can occur at any time. For it is necessary tobe tackled through regulatory policy approach and the application of criminal law. The existing regulatory policyapproach to the provisions of Article 46 to Article 50 A Law Number 10 of 1998 to formulate a criminal threattagainst criminal bank.Problems in this dissertation: a. How regulatory policy legislation in combating crime in the area of banking, b.What factors are an obstacle in the prevention of crime in the area of banking, c. ow the application of the criminalas a tool in the prevention of criminal offenses in banking.In this study, using a normative legal research methods, combined with empirical legal research as supportingmaterial /complementary, by describing , analyzing and evaluating of all laws relating to criminal offences in thefield of banking and synergized to see practice in the application of criminal to impose criminal sanctions againstperpetrators of criminal acts in the banking sector who was sentenced by the trial judge , by using the theoryregulation theory to answer and analyze to the formulation of the problem raised.Research results were found, it was concluded that (a) the regulatory policies legislation is not sufficient in the fightagainst crime in the area of banking, (b)still found some obstacle in the fight against crime in the area banking ,both from the aspect of substance, structure and culture, and (c) in the application of the criminal , the decisionhanded down is still positive-legalistic ( judges as the mouthpiece laws that live and piece of the law ) without goingto dig more deeply in accordance with thrive in the community. Suggested ( a 0 necessary re-orientation,reconceptualization and re-formulation by improving/revising of the Banking law Number 10 of 1998, (b) the needto improve the quality of human resources and facilities and infrastructure of law enforcement officers, and (c) Its isexpected that the trial judge in the verdict against perpetrators of criminal acts in the field of banking, can use thelegal approach progressive , pro justice and pro -people.Key word : criminal banking law, criminal act, regulation of banking law