Criminal Liability of Sharia Banks in Financing Disbursement

DOI

10.2991/sores-18.2019.23How to use a DOI?

Keywords

criminal; liability; sharia bank

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.

Copyright

© 2019, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Neni Sri Imaniyati
AU  - Ade Mahmud
AU  - Toto Tohir
PY  - 2019/03
DA  - 2019/03
TI  - Criminal Liability of Sharia Banks in Financing Disbursement
BT  - Proceedings of the Social and Humaniora Research Symposium (SoRes 2018)
PB  - Atlantis Press
SP  - 103
EP  - 107
SN  - 2352-5398
UR  - https://doi.org/10.2991/sores-18.2019.23
DO  - 10.2991/sores-18.2019.23
ID  - Imaniyati2019/03
ER  -