Pertanggungjawaban Perdata Bank Atas Kerugian Nasabah yang Disebabkan oleh Perbuatan Melawan Hukum yang Dilakukan oleh Pegawai Bank (Studi Kasus Putusan Nomor 2442 K/Pdt/2017)

Abstract

Legal correlation among the Bank, officials, and clients often causes complexity, especially which is related to bank liability over its employees who have harmed the Bank. The cases like its employees' illegal offense, the implementation of the principle of vicarious liability and Supreme Court Ruling No.2442 K/Pdu/2017 are the real examples of how the employees' illegal offense can cause serious problem to clients and bank reputation. The research problems are as follows: how about the criteria of Bank employees' illegal offense which can be categorized as the offense that can harm clients according the Indonesian applicable laws and regulations, how about the application of the principle of vicarious liability in the context of legal relationship between the Bank and its employees on its clients' losses, and how about the juridical analysis on the Bank civil liability in the Verdict No. 2443 K/Pd/201 on illegal offense by the Bank employees which harms clients. The research uses juridical normative method referred to legal norms and done by conducting library research in order to get secondary data obtained from primary, secondary, and tertiary legal materials. They are concerned with the problems being studied. Thi research also uses descriptive approach, and the data are analyzed qualitatively. The result of the research suggests that the civil liability of a Bankdue to its employees' illegal offense in regulated in Articles 1365-136 of the Civil Code, Law on Banking, and OJK regulation which require a Bank to apply the prudential principle as a trustworthy institution. The principle of vicarious liability is applied with wide interpretation on "the scope of work" to protect clients by considering that the Bank has more capacity in managing the risk. The Supreme Court Ruling No. 2442 K/Pd/2017 has created an important precedent by applying strict liability which makes it liable for any offense by its affiliation entity employees. It confirms that the corporation structural complexity cannot be used as the reason for avoiding fiduciary liability, and determines a new standard which requires the Bank to develop inherently secure system annd performs substantive verification in transaction so that it will create a more protective banking practice for clients in the digital era.