Asmarani Sri Hartati. 2020. “Customer’s Legal Protection of Mutual Fund Purchase Through Bank as Agents”.Master of Law Postgraduate Program, Lambung Mangkurat University. Advisor I: Dr. H. Rachmadi Usman, S.H., M.H. and Advisor II: Dr. Hj. Noor Hafidah, S.H., M.Hum. 170 Pages.
ABSTRACT
Keywords: Bank, Investment Fund Selling Agent, Legal Protection
This research discusses about banking activities that have developed along with the rapid economic development. Today's, banks not only doing their main business activities but also do their support business activities to increase their income beyond interest income as a fee based income, among others by doing activities as an Investment Fund Selling Agent (APERD) and Bancassurance.
This research was conducted using a research method type is Normative Legal Research, a problem approach using the Statute Approach and Conceptual Approach. The nature of this research is Prescriptive, the type of research is Reform-Oriented Research with sources of primary legal materials, Processing and analysis of this legal material is done qualitatively. all the material collected is then analyzed and a conclusion drawn.
From the results, at least it can be concluded that the legal relationship between the Bank as the APERD and the Customer as the buyer of the Mutual Fund Participation Unit, has a two-sided legal relationship (tweezijdige rechtsbetrekkingen) which in the legal relationship reflects each rights and obligations born from a legal event in the form of an Investment Fund Sale and Purchase Agreement. In connection with the Bank's business activities as APERD, it is possible to cause disputes that result in losses for customers as buyers. Banks may be liable if the Bank as a marketing and seller Mutual Fund Product is proven to have legally committed acts that violate the law and causing losses to customers.