Pertanggungjawaban Tindak Pidana Korupsi Kredit Fiktif BNI Terhadap Terdakwa Ditinjau Dari Perspektif Hukum Pidana Dan Hukum Perbankan

Abstract

This study examines criminal liability in the corruption case involving fictitious credit at Bank Negara Indonesia (BNI), with a particular focus on the legal accountability imposed on the defendant as reflected in Supreme Court Decision Number 1590 K/Pid.Sus/2015. The case illustrates how irregularities in the banking sector, particularly fictitious lending practices, can result in significant financial losses and undermine public trust in financial institutions. The objective of this research is to analyze the form of criminal liability imposed on the defendant, the legal considerations employed by the judges in reaching their decision, and the application of Indonesian criminal law and anti-corruption legislation in resolving the case. This research adopts a normative juridical approach using statutory, conceptual, and case approaches. The primary legal materials consist of the Supreme Court Decision Number 1590 K/Pid.Sus/2015, Law Number 31 of 1999 concerning the Eradication of Corruption Crimes as amended by Law Number 20 of 2001, Law Number 7 of 1992 concerning Banking as amended by Law Number 10 of 1998, and Law Number 1 of 2023 concerning the Indonesian Criminal Code. Secondary legal materials include legal textbooks, scientific journals, and other relevant scholarly publications. Data were collected through library research and analyzed qualitatively using descriptive-analytical methods. The findings indicate that the defendant's criminal liability was established based on the fulfillment of the legal elements of corruption, supported by sufficient evidence demonstrating intentional unlawful conduct, abuse of authority, and financial losses suffered by the state. The court's legal reasoning emphasized the existence of unlawful acts, the defendant's active participation, and the causal relationship between the defendant's conduct and the resulting state financial losses. This study contributes to the development of criminal law, particularly in understanding the application of criminal liability principles in banking corruption cases involving fictitious credit schemes. Furthermore, the findings provide practical insights for law enforcement agencies, banking institutions, and policymakers in strengthening legal enforcement and preventing similar offenses within Indonesia's banking sector.