Institusion
Universitas Sumatera Utara
Author
Rumahorbo, Alberth Mangasi (STUDENT ID : 197005015)
(LECTURER ID : 0001047403)
(LECTURER ID : 0005107104)
(LECTURER ID : 0011098301)
Subject
criminal act of transferring funds
Datestamp
2022-11-30 07:20:12
Abstract :
The Law Number 3 of 2011 concerning Fund Transfers increase the types of special crimes that
previously existed in Indonesia. It is a criminal act of transferring funds. The law regulates several
acts that qualify as a criminal act of transferring funds, one of them is the act of deliberately
controlling and acknowledging as his own funds resulting from the transfer that known or should be
known to be not his rights as regulated in Article 85.
This study uses a normative research method with a statutory approach and conceptual. The data
consists of secondary data. Data collection techniques consisted of literatur study techniques and
document studies, the data were analyzed qualitatively.
The criminal act of transferring funds provide a new alternative for law officers in determining the
criminal threat of a case. Prior to the law, law officers tended to use Article 372 of the Criminal Code
as the basis for sentencing the said criminal event. However, the application of the law is still rarely
used by legal officials because the application of these provisions requires a deeper investigation
process, and to determine criminal liability. The law still has shortcomings in the threat of basic and
additional penalties. Because if the perpetrator of the crime is in the form of a corporate legal subject,
then the provisions of Article 87 of the law applied, which creates a tendency for the Panel of Judges
to only impose basic criminal sanctions as fines and additional sanctions as returning funds belonging
to victims or banks, without giving criminal sanctions in prison to provide a deterrent effect.