Evaluation Of Prudential Principle Violations In Providing Credit To BUMN/BUMD Banks Which Leads To Corruption

Abstract

This paper evaluates the violations of precautionary principle in granting credit based on the APBN / APBD mechanism, so as to properly categorize it a criminal act of corruption. The research method is normative juridical and the results state that there is a dualism in the existing regulation which follows the provisions of the corporate mechanism and the state budget / regional budget mechanism, and that the precautionary principle is a bank obligation. It concludes that violation of the principle of prudence in granting credit to BUMN / BUMD banks following the APBN / APBD mechanism is a criminal act of corruption because it has been determined as a legal obligation, if the bank does not verify credit data / documents in accordance with the guidelines or SOP and it results in loss or bad credit, it should be considered as corruption which meets the element of intent. Also, in order for the violations of the precautionary principle to  not lead to multiple interpretations, it must be affirmed in the UUP as a criminal act of banking and as a lex specialis for BUMN / BUMD Banks as a criminal act of corruption based on the UUPTPK.