TINDAKAN KOPERASI TERKAIT SIMPAN PINJAM YANG MENGAKIBATKAN PERBUATAN TINDAK PIDANA

COOPERATIVE ACTIONS RELATED TO SAVINGS AND LOANS RESULTING IN CRIMINAL ACTS

Abstract

Cooperative is an organization whose membership is voluntary and open to all those who are willing to use their services and willing to accept the responsibilities of membership, without gender, social background, race, politics, or religion. One type of cooperative is Credit Unions. All members are required to deposit the Main Savings and Deposits Deposits Mandatory Voluntary besides. However, in practice there are many in the Credit Unions in Indonesia is the only member to register his ID card only and not deposit all the required savings. Or in other words, the ID card is just a formality which is the main financier behind the actors behind the scenes who control the cooperative. Credit Unions also widely suspected that the banking practice clearly violates Article 1, paragraph 2 of Law No.10 of 1998 which stated that only banking institutions are allowed to hold deposits and extend credit to the community. Credit Unions mode which saves money instead of members and also distribute it to non-members, clearly violated the Banking Law and Regulation No. 9 of 1995 which provides in Article 18, paragraph 2 states that prospective members, within a period of 3 (three) months after paying off principal must be a member. Therefore, to address the irregularities committed by the Credit Unions, it is necessary laws or government regulation governing criminal sanctions for deviant Cooperative, so indications Crimes allegedly committed by officials and business owners or cooperatives may be associated with criminal sanctions Cooperative and not solely linked to criminal sanctions banking.