PERTANGGUNG JAWABAN PIDANA TERHADAP FREELANCE PERUSAHAAN PADA TINDAK PIDANA PERBANKAN DALAM MENGHIMPUN DANA MASYARAKAT TANPA IZINOTORITAS JASA KEUANGAN ATAU BANK INDONESIA DENGAN PROMISSORY NOTE

Abstract

We can find arrangements regarding the accountability of the Board of Directors in
Law Number 40 of 2007 concerning Limited Liability Companies. Pursuant to Article 97
paragraph (2) of the Limited Liability Company Law, the directors are required to manage
the company in good faith and with full responsibility. Meanwhile, freelancers, who in fact
are only freelance daily workers and do not have a fixed monthly salary, are demanded
almost the same as the directors. So the purpose of the thesis research is first, to find out
whether a company can raise funds through a Promissory Note. Second, knowing whether a
freelance can be held criminally responsible in a company, if the company commits a crime.
This type of researcher can be classified into the type of normative legal research.
This study uses secondary data consisting of primary legal materials, secondary legal
materials, tertiary legal materials and data collection techniques are carried out using the
library method.
From the results of the research problem there are two main things that can be
concluded. First, that in collecting public funds, the company can do this with a promissory
note (promissory note), based on Article 174 of the Criminal Code, it must meet the
requirements. Second, that freelance companies cannot be held accountable for companies
that commit criminal acts. If asked for accountability, it is only administrative. Because a
freelance company is not included in the core organs of the company and is not included as
someone who can control the company in accordance with the Limited Liability Company
Law and the Criminal Code. The author's suggestion is First, the collection of public funds
carried out by non-bank companies is given more attention to the State of Indonesia.
Enforcement and supervision must be carried out even tighter so that the Banking Act Law
Number 7 of 1992 concerning Banking and Law Number 21 of 2011 concerning the
Financial Services Authority is more effectively implemented so that people are no longer
afraid to invest in shares to advance the economy. Second, if company freelancers are held
criminally liable, then all freelance companies must also be held accountable in accordance
with the law regulated in article 2 of the Criminal Code.
Keywords: Freelance, Financial Services Authority, Bank Indonesia.