Indonesian Law Enforcement against Recipients of Transfer Errors Banking Funds through the Application of the Crime of Embezzlement and Onverschuldige Betaling

ABSTRACT : For Indonesia that is developing continually and continuously, banks as intermediary
institutions through their function transfer of funds has a major role in supporting the improvement of the national economy. Therefore, its implementation must be based on the precautionary principle. The risk of errors in sending funds transfers has an impact on reducing public trust in banking institutions, and can also harm the interests of both the sender and the recipient of funds. In addition, it has legal consequences, both civil and criminal. This issue is interesting to study in order to find out (1) Indonesia’s national legal policy regarding
legal certainty in the implementation of fund transfers; and (2) enforcement of Indonesian laws against recipients due to a bank transfer error. The results of the study: (1) In order to ensure security, smooth operation, and certainty in the implementation of fund transfer activities, the Indonesian government passed Law No. 3 of 2011; and (2) The application of the principle of onverschuldigde betaling according to the concept of civil law and the application of the crime of embezzlement are law enforcement instruments in resolving problems due to bank fund transfer errors.
KEYWORDS : Bank, Fund Transfer Error, Onverschuldigde Betaling, Embezzlement