Translated from Indonesian to English - www.onlinedoctranslator.

com

BANK LIABILITY FOR ERRORS AND/OR NEGLIGENCE OF BANK

EMPLOYEES THAT CAUSED LOSS TO CUSTOMERS
(CASE CASE BETWEEN PURNAMA SAVE AND LOAN COOPERATIVE
VS. PT BANK RAKYAT INDONESIA TBK YOGYAKARTA BRANCH
CIK DITIRO)

ESSENCE
By:
Tessa Amelia1, Veri Antoni2

This study aims to determine and account for the bank's responsibility for
funds errors or negligence of bank employees that cause losses to customers (Case
Case Between the Purnama Savings and Loans Cooperative vs. PT Bank Rakyat
Indonesia Tbk Yogyakarta Branch Cik Ditiro) and protection of bank customers
who deposit funds against errors or bank negligence.
This research is a normative legal research. Normative legal research is
carried out through library research to collect and obtain secondary data, namely
all information, descriptions and explanations from reading materials and
literature. Data obtained from library research were analyzed qualitatively. The
results of the analysis are presented descriptively.
The results showed that The responsibility of the bank for funds errors or
negligence of bank employees in the case of KSP Purnama and PT BRI Tbk
Yogyakarta Branch Cik Ditiro, can be requested in a civil and criminal manner.
From this case, the bank indirectly approves the disbursement or withdrawal of
customer funds, therefore the responsibility can be categorized as the
responsibility of the bank as a company according to the provisions of Article
1365 of the Civil Code. Article 19 of the Consumer Protection Act, Article 29 of
the Banking Law, POJK No. 1/POJK.07/2013. In this case, the bank failed to be
held responsible for civil liability, based on the decision number
161/Pdt.G/2019/PN.Yyk. Protection of depositing bank customers against bank
errors or omissions, preventive legal protection provided by the government to
banking customers in the form of preventing violations. Repressive legal
protection as an effort to resolve bank and customer disputes. The dispute
resolution process can be carried out through several mechanisms, including the
litigation mechanism (taking the lawsuit to the judiciary) and the non-litigation
mechanism (without taking the court route). For non-litigation, banks have their
own mechanism, namely banking mediation, regulated in PBI No.10/1/PBI/2008
concerning Banking Mediation. including the litigation mechanism (taking the
lawsuit to the judiciary) and the non-litigation mechanism (without taking the
court route). For non-litigation, banks have their own mechanism, namely banking
mediation, regulated in PBI No.10/1/PBI/2008 concerning Banking Mediation.
including the litigation mechanism (taking the lawsuit to the judiciary) and the
1
Master of Business Law Student, Gadjah Mada University (UGM) Yogyakarta
2
Lecturer of Law Faculty of Law, Gadjah Mada University (UGM) Yogyakarta
non-litigation mechanism (without taking the court route). For non-litigation,
banks have their own mechanism, namely banking mediation, regulated in PBI
No.10/1/PBI/2008 concerning Banking Mediation.

Keywords: Negligence, Bank Responsibility, Consumer Legal Protection