Scholars International Journal of Law, Crime and Justice (SIJLCJ)
Volume-4 | Issue-07 | 458-464
Original Research Article
Reconstruction of Law Enforcement against Crime in Banking Based on Justice Value
Marion Oemar, Mahmutarom, Umar Ma’ruf
Published : July 12, 2021
Abstract
The purposes of this research are to understand the impact of law enforcement in the settlement of banking crimes and to understand the reconstruction of law enforcement in criminal cases that are just. The method used in this research is using a normative juridical approach with a constructivist paradigm used. The Research shows that the impact of law enforcement in the settlement of banking crimes, in general, can lead to problems in various ways or modes because new modes appear in the field of banking crimes, so there are many kinds of banking crimes that have emerged in Indonesia. There is misuse of credit, escaping customer money, establishing a type of banking business without a permit, falsification of demand deposits or savings, falsification of letters of credit, then criminal law enforcement against banking crimes that have not been maximized needs to be increased, because crimes continue to undergo significant additions with very extreme modes. sophisticated, therefore, a Law Reconstruction is needed on Law no. 10 of 1998 Article 29 point 3 by adding that in providing credit or financing based on Sharia Principles and conducting other business activities, banks are required to take methods that do not harm the bank and the interests of customers who entrust their funds to the bank. And in granting credit, a careful assessment is carried out on the character, ability, capital, Collateral, and business prospects of the prospective Customer Recipient of the Facility. Article 37 of the Republic of Indonesia Law No. 21 of 2008 concerning Islamic Banking by adding at the end of the sentence "Eliminating discrimination against users of banking funds so that there is a need for strict screening in granting credit, a careful assessment of the character, ability, capital, collateral, and business prospects of the prospective fund recipient is required".