Legal Problems of the Financial Services Authority and the National Police of the Republic of Indonesia in Enforcing Banking Crimes

Abstract

The Financial Services Authority in practice often face institutional problems that still rely on the position of outside investigators, but on the other hand it must maintain its independence. The purpose of this study is to examine and to analyze the Legal Problems of the Financial Services Authority and the National Police of the Republic of Indonesia in Enforcing Banking Crime. The method used in this study was the constructive paradigm. The research approach used was empirical juridical, namely legal research. The object of study were provisions and enforcement or implementation of legal provisions in action on every legal event that occurs in the community (in concreto). The data analysis used qualitative analysis. The results of the study found that the problem of the Financial Services Authority and the National Police of the Republic of Indonesia in conducting criminal acts against banking crimes was due to legislative factors or legal substance, structure and legal culture. Provisions of Article 183 of the Criminal Procedure Code, in which Civil Servant Investigators or PPNS are not necessarily able to collect all the evidence specified. The Second factor is the Law Enforcement Officials. In quality, the law enforcement factor that impedes the role of the FSA in investigating banking crimes is the limited professionalism in the field of investigation, so that knowledge and technical skills of investigation need to be improved. FSA in investigating banking crimes must recruit Police Investigators and Prosecutors, FSA must make an agreement with Polri in conducting investigations into banking crimes so that they can immediately arrest suspects who are considered to have committed banking criminal acts. The third is the cultural factors of society. In terms of the cultural factors of the community, the intensity of the community in its involvement in enforcement and supporting the investigation will be hampered by the lack of clarity in the position of the investigative institution.