The Functionalization of Criminal Law in Response to Banking Crimes

Abstract

The use of criminal law as a means of combating criminal acts is a dilemma, especially in the type of economic criminal act, including banking criminal acts. On the one hand, its use can cause complex negative impacts, but on the other hand, it becomes the most rational means of a criminal offense. There are important issues when the choice falls on the use of criminal law as a means of counteracting banking criminals. The functionalization of criminal law will be determined by the system of formulation of the criminal heaviness and the formulation of types of criminal sanctions used in the law. This article will discuss two problems, namely: 1) How the banking law formulates the weight of the criminal? 2) How banking legislation formulates the type of criminal sanctions? With normative juridical approach and qualitative analysis obtained the conclusion: that The Law Number 7 Year 1992 about the banking Juncto The Law Number 10 Year 1998 already using the system of criminal threat formulation for sure in formulating the weight of the criminal. While in formulating the type of criminal sanctions using a cumulative formulation system.

Keywords: functionalization of criminal law, criminal act, banking.

DOI: 10.7176/JLPG/96-11

Publication date: April 30^th 2020