LEGAL LIABILITY FOR THE UNAUTHORIZED WITHDRAWAL OF FUNDS BY PT PERMODALAN NASIONAL MADANI (MEKAAR)

Abstract

The official consent stipulated in Article 1320 of the Indonesian Civil Code (KUHPerdata) involves an agreement between authorized parties and fulfills the legal requirements for a valid contract. This includes mutual consent between the parties, the legal capacity to bind themselves, a specific subject matter, and a lawful cause. The purpose of this study is to examine the civil law regulations governing employees of PT Permodalan Nasional Madani (Mekaar) in relation to the unauthorized withdrawal of customer funds, as well as to analyze the legal protection provided by the company to affected customers. This research concludes that there have been instances of misconduct by certain employees, such as forgery of signatures and manipulation of documents, to obtain funds without the customer’s explicit consent—actions that result in both legal and financial losses for customers. In the context of civil law, such actions may render the related agreements null and void and give rise to civil liability for both the employee and the company. The legal protection provided by the company includes internal supervision mechanisms, issuance of warnings, mediation, compensation, and dispute resolution efforts through deliberation or court proceedings.