Tinjauan Tentang Implementasi Penegakan Hukum terhadap Kejahatan Korporasi oleh Kejaksaan Agung (Studi Yuridis Empiris Tentang Penyidikan Kasus Kejahatan Perbankan)

摘要

Issues about law enforcement in Indonesia still to be main demand. Reform has involved society in controlling Attorney General. Especially in law enforcement toward corporate crime that related with banking. Banking crime has harmed state financial and the crime emerge as effect of government policy in monetary and financial (Pakto, October 27 1988) This research aiming at knowing and understanding the procedures that conducted by Attorney General in performing investigation and obstacle factors in performing investigation toward corporate crime that related with banking crime This research is qualitative research with empirical descriptive in nature with research location at Attorney General institution and central BPKP, Jakarta. Primary data are obtained by interview of Kasubdit Tindak Pidana Korupsi, Kasubsi Tindak Pidana Khusus and Deputi Investigasi BPKP. Secondary data are obtained from literature that related with research issue by documentation. Then data are analyzed based on ethical interpretation that used to describe ethical interpretation. Results showed that authority to perform investigation toward banking crime is delegated to Jampidsus. The juridical base is Act No 5 of 1991. Legitimacy of its enforcement based on Presidential Decree No. 55 of 1991. In performing investigation Attorney General coordination with BPKP. The investigation preceded by information obtaining from BPK and BPKP, than this information is followed up. Inspection results showed, banking crimes include: BLBI abuse, jammed credit, and BMPK violations. In performing investigation, there are several obstacles for Attorney General, jurisdictionally and non jurisdictionally, related with suspect summons, inspection and arrest, beside technical reason as tempus delicti, administration problems, new account inspection etc. The research suggest jurisdictionally and non jurisdictionally, there should be a definite regulation to bridge authority conflict, hope for coordination between institutions and case understanding so the Attorney General became the pillar and tip of spear in law enforcement.