LEGAL PROBLEMATICS OF CREDIT SETTLEMENT IN INDONESIAN BANKING CRIME

Based on Article 37D of the Law of the Republic of Indonesia Number 4 of 2023 Concerning the Development and Strengthening of the Financial Sector (UUPPSK), OJK can stop investigations into alleged tipibanks. The termination of the investigation is contrary to the terms of termination of the investigation as specified in Article 109 of the Criminal Procedure Code which states that a crime can only be stopped if there is insufficient evidence, the case is not a criminal case and is due to legal interests and Article 1 of the Criminal Code regarding the principle of legality. Tipibank termination conditions are; there is a request from the perpetrator of the suspected bank crime against which the OJK approves and the perpetrator pays all losses and costs incurred as a result of the banking crime. there is a request from the suspected perpetrator of bank fraud that is given to OJK and OJK accepts and approves the said application, whether or not there is settlement of losses arising from tipibank, the amount of the loss and the impact on the banking sector, banks, the interests of customers and/or society. Meanwhile, the investigation termination mechanism is; the application of the alleged perpetrator of the tipibank was approved by the OJK and the perpetrator of the alleged tipibank paid compensation. Some of the problems in solving the alleged bank crime by stopping the investigation include; The condition for terminating a tipibank investigation is contrary to the Criminal Procedure Code and the Criminal Code, the concept of resolving allegations of tipibank through termination of investigation is not in line with the principles of restorative justice and the concept of settlement out of court (mediation). Typical bank generalizations that can be resolved through termination of investigations can eliminate the function and purpose of law. Ambiguity regarding the meaning of violations and bank tipi in the UUPPSK and PP-UUPPSK can cause its own problems in its application.