CD Skripsi
Pertanggung Jawaban Pidana Terhadap Freelance Perusahaan Pada Tindak Pidana Perbankan Dalam Menghimpun Dana Masyarakat Tanpa Izin Otoritas Jasa Keuangan Atau Bank Indonesia Dengan Promissory Note
ABSTRACT
We can find arrangements regarding the accountability of the Board of Directors in Law Number 40 of 2007 concerning Limited Liability Companies. Pursuant to Article 97 paragraph (2) of the Limited Liability Company Law, the directors are required to manage the company in good faith and with full responsibility. Meanwhile, freelancers, who in fact are only freelance daily workers and do not have a fixed monthly salary, are demanded almost the same as the directors. So the purpose of the thesis research is first, to find out whether a company can raise funds through a Promissory Note. Second, knowing whether a freelance can be held criminally responsible in a company, if the company commits a crime.
This type of researcher can be classified into the type of normative legal research. This study uses secondary data consisting of primary legal materials, secondary legal materials, tertiary legal materials and data collection techniques are carried out using the library method.
From the results of the research problem there are two main things that can be concluded. First, that in collecting public funds, the company can do this with a promissory note (promissory note), based on Article 174 of the Criminal Code, it must meet the requirements. Second, that freelance companies cannot be held accountable for companies that commit criminal acts. If asked for accountability, it is only administrative. Because a freelance company is not included in the core organs of the company and is not included as someone who can control the company in accordance with the Limited Liability Company Law and the Criminal Code. The author's suggestion is First, the collection of public funds carried out by non-bank companies is given more attention to the State of Indonesia. Enforcement and supervision must be carried out even tighter so that the Banking Act Law Number 7 of 1992 concerning Banking and Law Number 21 of 2011 concerning the Financial Services Authority is more effectively implemented so that people are no longer afraid to invest in shares to advance the economy. Second, if company freelancers are held criminally liable, then all freelance companies must also be held accountable in accordance with the law regulated in article 2 of the Criminal Code.
Keywords: Freelance, Financial Services Authority, Bank Indonesia
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