D I P I R I A, D I P I R I A (2025) PERTANGGUNGJAWABAN PIDANA PT BANK PEMBANGUNAN DAERAH JAWA BARAT DAN BANTEN SYARIAH SEBAGAI KORPORASI ANAK PERUSAHAAN BUMD DALAM PERKARA TINDAK PIDANA KORUPSI. Master thesis, UNIVERSITAS SULTAN AGENG TIRTAYASA.

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Abstract

Corruption cases are often related to financial management carried out by financial institutions, including banks. Speaking of legal entities or corporations, banks are included in corporations engaged in financial services. In Article 1 number 2 of Law No. 10 of 1998 concerning Banking, a bank is a business entity that collects funds from the public in the form of deposits and distributes them to the public in the form of credit and / or other forms in order to improve the lives of many people. In the position of the bank as a corporation, the implementation of corporate criminal liability as stipulated in other special laws and regulations, such as the Law on the eradication of Corruption, the Law on Money Laundering, the Law on Narcotics and Psychotropic Substances, the Law on Terrorism, and other laws should be applicable to the bank as a corporation and the bank as a corporation should be subject to criminal sanctions as long as the acts committed by the bank meet the qualifications of criminal acts by the corporation. On the other hand, based on Law Number 10 of 1998 concerning banking, there is no article that explicitly formulates that a bank as a corporation can be subject to criminal sanctions. In relation to corporate criminal liability of banks under the Corruption Law, one of the things that needs to be examined is the financial management of banks, especially regarding their capital and financial resources. As we know, banking in Indonesia does not only consist of national private banks, but also banks that are Regional Owned Enterprises (BUMD) because most of their shares are owned by the Regional Government or banks whose capital structure is owned by a BUMD so that they become subsidiaries of BUMD, including PT Bank Pembangunan Daerah Jawa Barat and Banten Syariah which is a subsidiary of PT Bank Pembangunan Daerah Jawa Barat and Banten. Problems occur in the context of subsidiaries of BUMN/BUMD, where so far there are different views on the status of corporations that are „subsidiaries‟ of BUMN/BUMD companies, especially regarding their financial position whether they are included in the category of state finances or not.

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