Tanggung Jawab Bank Mega Dalam Hal Hilangnya Dana Deposito Manajer Investasi

Abstract

One of the means to realize development in the economic field of a country is the participation of financial institutions that regulate the economic system. All sectors related to financial activities require bank services. However, bank negligence often occurs in terms of carrying out its functions and duties in maintaining security and saving public funds that entrust it. In this regard, there are several laws and regulations governing the implementation of banking in Indonesia, namely Act Number 10 of the year 1998 concerning Amendments to Act Number 7 of the year 1992 concerning Banking, Act Number 21 of the year 2011 concerning the Financial Services Authority, Act Number 8 of the year 1995 concerning Capital Markets, OJK Regulations, and other regulations. As an alternative investment that is now being looked by many people, Mutual Funds also entrust their funds to the Bank. If the Bank in carrying out its activities there is an error or committing fraud will cause losses to investment managers and investors. Therefore, a reliable and sound banking system in carrying out partnership relations between customers and banks, banking activities must be based on several general banking principles, namely the principle of trust, the principle of prudence, the principle of confidentiality, and the principle of knowing customers. The method used is normative juridical with descriptive analytical research specifications. The types and sources of data used are secondary data which includes primary law, secondary law, and tertiary law. Data collection techniques carried out are library research by analyzing data using qualitative methods. Based on the case number 1955 / K / Pdt / 2017, Bank Mega has committed acts against the law and violated the provisions of the articles in the Banking Law, PBI, and POJK because Bank Mega has neglected to apply the principle of trust and transparency of information to its customers. Bank Mega's actions also conflict with the Bank's function of storing and maintaining security or guaranteeing funds held by the public. As a result of this, there is no known whereabouts owned by PT. Harvestindo Asset Management's Mutual Funds. When asked for accountability, Bank Mega also showed no good faith in terms of compensation. The conclusion is, as a financial institution that acts as a collector and distributor of public funds, the Bank should comply with applicable laws and regulations and also be responsible for losses suffered by customers to support good national development goals.