Banking Policies Which Have Criminal Act Implication

Abstract

This study analyzes the philosophy of banking policies which have criminal act implication. In this case, the decision made by Bank Indonesia has already in accordance with the authority and position attached to Bank Indonesia’s official. The policy made by Bank Indonesia is appropriate or not the principle of prudent and good etiquette.Bank Indonesia’s officials haveauthorities related to their position. If there is an element of not good etiquette, and less prudent in their authorities that leads to financialharm to the State then the policy can be categorized as banking criminal act.The research type is normative legal research. This study uses legislative, conceptual, case and comparative approaches.Banking policies which have criminal actimplications can be seen from the administrative, civil and criminal aspects in the tort committed by Bank Indonesia’s official. If the Bank’s Indonesia official do mistake in order to conduct the policy rules, it means that the criminal responsibility has to charged to the official.

Keywords: Policy, Bank IndonesiaOfficial, Mistake, Criminal responsibility, and Court Decision.