Criminal Liability Of Fraudulent Corporations (Fraud) Of Banking Employees Against Customer Installments

Abstract

The phenomenon of fraud by banking employees against customer installments shows that financial crimes are not only born from individual malicious intentions, but also from structural weaknesses in the governance and compliance culture of financial institutions. This study aims to explore the relationship between employee behavior, internal oversight mechanisms, and corporate criminal responsibility in the context of Indonesian criminal law. With a normative-qualitative approach, an analysis was carried out on the 2023 Criminal Code, Perma Number 13 of 2016, POJK 39/2019, and real case studies in Bangka Belitung. The results of the study revealed that credit installment fraud often takes advantage of supervision loopholes, formality procedures, and pressure on financial targets, thereby creating pseudo-profits for banks and large losses for customers. The principles  of vicarious liability and identification theory emphasize that banks cannot simply blame "individuals" when structural negligence contributes. Furthermore, the principle  of failure to prevent offence in the 2023 Criminal Code places an active obligation for corporations to strengthen four lines of defense, utilize digital forensic audits, and instill integrity-based work ethics. This study recommends additional corrective criminal enforcement, protection for internal whistleblowers, and renewal of branch supervision mechanisms so that corporate criminal liability becomes an instrument to improve organizational culture, not just financial sanctions.