Analisis Putusan Hakim Kasasi Terhadap Tindak Pidana Perbankan Pada Bank Riau Kepri Syariah

Abstract

Analysis of the cassation judge's decision regarding Banking Crime with Case Number
2359 K/Pid.Sus/2022 starting from the District Court decision to the Cassation where the
District Court decision took 2,6 years and was strengthened by the High Court decision and
the Supreme Court gave a different decision, namely: acquittal. The Supreme Court judge
who did not impose a sentence on a defendant who was proven to have committed a banking
crime is an example of weak law enforcement by judges so that it does not reflect the
meaning of justice and benefit.
This research aims to find out the basic considerations of the cassation judge in
handing down a verdict of acquittal for banking crimes in Case Decision Number 2359
K/Pid.Sus/2022. Another aim is to find out whether the judge's decision to acquit the
defendant is in accordance with the concept of the Banking Crimes Law. This research is a
type of normative legal research, namely research on legal principles starting from certain
legal principles, by first identifying the legal rules that have been formulated in legislation.
This research uses secondary data sources consisting of primary, secondary and tertiary
legal sources that are relevant to the research topic and data collection techniques are
carried out by means of literature review. The analytical tools used to answer the problems in
this research are the theory of justice, the theory of relative punishment and the theory of
legal responsibility.
From the results of this research, it can be concluded that the basis for consideration of
the Supreme Court Judge who examined and adjudicated gave a decision that was contrary
to what had been decided in judex facti where the decision is given by the Supreme Court
Judges acquittal on the basis that the charges demanded by the Public Prosecutor were not
proven. The Supreme Judge in his ruling stated that this case was a criminal case of
embezzlement. Then the acquittal decision given by the Supreme Judge in Case Number 2359
K/Pid.Sus/2022 did not fulfill the concepts and elements contained in article 49 paragraph
(2) letters a and b of Law Number 10 of 1998 concerning Banking.
The panel of judges at the District Court, High Court and Supreme Court levels must
be equally able to provide decisions that are truly in accordance with the actions of the
perpetrators of criminal acts. In the case of banking crimes, judges should understand and be
careful about banking science so that the decision is in accordance with the objectives of the
law itself, especially in banking law. The Supreme Court Judge as the final level court
seeking justice in society should really pay attention and analyze, especially the fulfillment of
the elements and concepts of criminal law regulations.
Keyword: -Banking Crime, -Acquittal, -Judex Juris