Article Per Year (5 Year)
p-Index From 2021 - 2026
0.23
P-Index
This Author published in this journals
All Journal Media Hukum Indonesia (MHI)
Chelsea Kairadinda Adam
Fakultas Hukum, Universitas Pembangunan Nasional "Veteran" Jakarta, Jakarta, Indonesia
Law, Crime, Criminology & Criminal Justice

Published : 1 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 1 Documents
Search

 1 
Abuse of Authority by a Branch Manager in the Transfer of Customer Funds as Illegal Credit Collateral: A Study of Decision Number 134/Pdt.G/2025/PN Jkt.Pst Gusti Bintang Maharaja; Chelsea Kairadinda Adam; Firda Amalia
Media Hukum Indonesia (MHI) Vol 4, No 2 (2026): June
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.20354886

Abstract

Abuse of authority by bank branch managers represents a form of governance failure that not only harms customers individually but also undermines public trust in the national banking industry. This study juridically analyzes the case of abuse of authority committed by the Branch Manager of PT Bank Maybank Indonesia Tbk, Cilegon Branch, in Case Number 134/Pdt.G/2025/PN Jkt.Pst, in which customer funds amounting to IDR 30 billion were unilaterally converted into cash collateral for another party’s credit facility without the knowledge of the legitimate owner of the funds. Using a normative research method through statutory and case approaches, this study integrates an analysis of bank credit policy materials with a review of court decisions. The results of the study indicate that the actions of the branch manager systematically violated the prudential banking principle, disregarded the 5C and 7P credit analysis procedures, and weakened the segregation of duties mechanism that should function as an internal control safeguard. Furthermore, this study finds that the doctrine of vicarious liability, as regulated under Article 1367 of the Indonesian Civil Code (KUHPerdata), provides a strong legal basis for imposing civil liability on the bank as a corporation for unlawful acts committed by its branch manager, particularly when the bank fails to prove that it had implemented adequate preventive measures
Co-Authors Firda Amalia Gusti Bintang Maharaja