Analysis of the Application of Indonesian Corruption Law to State-Owned Banks According to the Principle of Separate Legal Entity

To this day, there remains a difference of opinion among legal practitioners regarding whether the assets of State-Owned Enterprises (SOEs) fall under the regime of state finances. The view that considers the administration of SOEs as part of state finances places financial crimes in state-owned banks under the category of corruption. On the other hand, another view emphasizes the principle of separate legal entity in recognizing state-owned banks as independent legal entities, thereby classifying financial crimes in these banks as banking crimes. This divergence leads to a normative conflict between the Corruption Law and the Banking Law in the legal application to financial crimes committed within state-owned banks. This research aims to understand the rationale behind classifying financial crimes in state-owned banks as acts of corruption, and to examine the application of corruption law to these banks based on the principle of separate legal entity. This study is a normative legal research using statutory and case approaches to provide answers to the normative conflict.