APPLICATION OF CORRUPTION CRIME SANCTIONS AGAINST PERPETRATORS OF ABUSE OF AUTHORITY AT BRI UNIT MUNDU

Abstract

This research focuses on banking crimes that may be categorized as corruption offenses. In this context, an important issue arises regarding the boundary between administrative violations in banking and corruption crimes, particularly when the act is committed by bank officials who misuse their authority for personal gain. The study examines two central problems: first, the reasons why banking crimes can be classified as corruption; and second, how the principle of lex specialis derogat legi generali is applied in banking crimes related to corruption. This study employs a positivist paradigm and uses both a statutory approach and a case approach through the analysis of court decisions. Legal materials were collected through document studies and analyzed descriptively and analytically. The results show that the abuse of authority committed by the bank officer fulfills all elements of a corruption offense because it involves misuse of authority that causes state financial losses. As BRI is a state-owned enterprise (BUMN) managing state finances, the bank’s losses automatically constitute losses to the state. Therefore, the provisions under the Anti-Corruption Law are more appropriately applied than those under the Banking Law. In its legal consideration, the court applied the lex specialis principle by designating the Anti-Corruption Law as a more specific and comprehensive regulation, and further applied the lex consumen principle, absorbing the elements of banking offenses into Article 3 of the Anti-Corruption Law.