ANALISIS TANGGUNG JAWAB BANK TERHADAP NASABAH PADA PRODUK INVESTASI REKSADANA
Abstrak: Besides banks as
intermediaries in capital markets, is used as a place to deposit funds of its customers,
the storage function is referred to as the custodian bank. In fact some of the
Bank transferred all responsibility to the customer. Based on this, the authors
are interested in doing legal research shaped thesis with the title
"Analysis of the Responsibilities Bank to the Customer on Mutual Mund
Investment Products". The purpose of this research to determine the
responsibility of the Bank and determine legal consequences for the Bank which
transferred all of the responsibility to the Customer. This study use normative
research method that emphasizes the principle of legal equality. Bank
responsibilities arise if there are errors or omissions bank in maintaining and
taking care of customer funds, as defined in rule legislation in the field of
mutual funds. Legal consequences for banks which transferred the entire responsibility
to the customer is null and void and the bank should be responsible to restore
the Customer to same situation with there never was an agreement. Banks that
are still expected to perform the entire transfer of responsibility to the
customer can improve its internal regulations to make it same with mutual fund’s
law in Indonesian. It is hoped that a more litigious Customer, so they can
choose a bank that does not include a clause on transfer of all responsibility
to the Customer, it is certainly also can encourage banks not to transfer the
entire responsibility of the customer.
Penulis: Emillia Herman
Kode Jurnal: jphukumdd151198
