THE CONCEPT OF RESTORATIVE JUSTICE IN THE RESOLUTION OF CRIMINAL ACTS OF EMBEZZLEMENT OF CUSTOMERS' FUNDS BY BANK EMPLOYEES

Abstract

Criminal acts of embezzlement of customer funds continue to occur frequently in various banks. Such acts are detrimental to the bank's finances and hinder the economy, especially for those who need quick funds. Embezzlement of customer funds is often committed by bank employees due to their easy access and position as financial officers. The problem is how to resolve criminal acts of embezzlement of customer funds by bank employees so that they are held accountable for their actions.

The purpose of this study is to determine the model for resolving criminal acts of embezzlement of customer funds by bank employees due to their position. This study uses an empirical juridical method, with the object being the embezzlement of customer funds at BPR. Data was collected through direct interviews with relevant stakeholders, BPR leaders, police, and perpetrators.

This study produced a restorative justice model in resolving criminal acts of embezzlement by bringing together the parties involved, both from BPR X and the bank employee and his family. Both parties agreed not to pursue legal action. The agreement between the two parties was set out in a memorandum of understanding and witnessed by witnesses, the essence of which was that the perpetrator was willing to pay back the money that had been taken, although not in full due to considerations of his long service at the BPR, and was willing to be dismissed. Both parties accepted this, so there was no criminal prosecution. On the one hand, BPR benefited from getting the money back, even if not in full, and on the other hand, the victim was not prosecuted. The good name of BPR and the bank employee was preserved.