Criminal Liability of Sharia Banks in Financing Disbursement

Abstract

This research aimed at finding the qualifications of banking crimes in financing disbursement to sharia banks and the application of corporate liability system in financing disbursement in sharia banks. This research by using a normative juridical approach, analytical descriptive, secondary data types, data retrieval through literature study and document study, data analysis, and qualitative normative. The results concluded that the policy of financing disbursement approval to sharia banks violating prudential principles and sharia principles could be qualified as a banking crime. The criminal liability system for banking institutions as corporations cannot be implemented because the criminal provisions in Banking Law and Sharia Banking Law still used the principle of “societas delinquere non potest” or the principle of “university delinquere non potest” which considers that corporations are impossible to commit a crime and cannot bear criminal liability. Keywords—criminal; liability; sharia bank