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All Journal Awang Long Law Review
Febriati Simbolon
Fakultas Hukum, Universitas HKBP Nommensen Medan
Law, Crime, Criminology & Criminal Justice

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APPLICATION OF THE PRUDENCE PRINCIPLE BY BANKS IN THE DISBURSEMENT OF CUSTOMER ACCOUNT FUNDS Febriati Simbolon; Hisar Siregar; Sovia Febriana Simamora
Awang Long Law Review Vol. 8 No. 4 (2026): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v8i4.2408

Abstract

This study aims to analyze the application of the prudential principle by banks regarding the disbursement of customer funds in accordance with the Banking Law, and to examine the legal basis for judicial reasoning in cases involving unlawful acts (tort) resulting from a failure to observe this principle, as reflected in Supreme Court Decision Number 220 PK/Pdt/2026. The study employs a normative legal research method utilizing both the statute approach and the case approach. The findings indicate that banks are required to actively implement the prudential principle during every customer fund disbursement process—specifically through identity verification, document validation, and signature specimen matching—as mandated by Article 29 of Law Number 10 of 1998 concerning Banking. Negligence in fulfilling this obligation constitutes an unlawful act under Article 1365 of the Indonesian Civil Code, and the bank, as a legal entity, is liable for customer losses based on the doctrine of vicarious liability pursuant to Article 1367 of the Indonesian Civil Code.
Co-Authors Hisar Siregar Sovia Febriana Simamora