Criminal Liability of Bank Employees in the Crime of Customer Fund Embezzlement: A Legal Analysis Under Indonesian Positive Law and the Application of the Lex Specialis Derogat Legi Generali Principle

Abstract

This research investigates the crime of embezzlement of customer funds by bank employees within the framework of Indonesian positive law. Embezzlement in the banking sector is a serious legal issue because it not only violates the fiduciary duty between employees and customers but also erodes public confidence in the financial system. The objective of this study is to analyze the legal provisions governing embezzlement, evaluate the consistency of statutory regulations, and highlight the implications of discrepancies in Indonesian law. The study applies a normative juridical method, focusing on the examination of legal norms, statutory interpretation, and doctrinal analysis. Primary legal materials consist of the Indonesian Penal Code (KUHP) and the Corruption Eradication Law (Law No. 20 of 2001), while secondary sources include academic literature, legal journals, and expert opinions.The findings demonstrate that embezzlement is regulated under Articles 372–377 of the KUHP, which stipulate penalties ranging from fines to imprisonment based on the circumstances of the act. However, there exists a fundamental inconsistency between these provisions and those of the Corruption Eradication Law. While the KUHP provides relatively lenient sanctions with a maximum imprisonment of four years, the Corruption Law prescribes far more severe punishments, including life imprisonment and substantial fines. This disparity creates ambiguity, weakens the coherence of the legal system, and results in uneven law enforcement in banking embezzlement cases. The study concludes that harmonization of Indonesian criminal law is urgently needed to provide legal certainty and ensure justice. Strengthening banking oversight, improving ethical standards through employee training, and ensuring transparent judicial processes are also necessary to restore and maintain public trust in the financial sector.