What To Do When Receiving Wrong Money Transfers

What To Do When Receiving Wrong Transfers?

Your account balance suddenly increased by a fantastic value? Millions, tens of millions, hundreds of millions or even billions of rupiah? Wait! Don’t be happy just yet, this is not a windfall. If there is an addition to a suspicious account balance whose origin is not clear, you must be vigilant first!

It could be that the money is the wrong money transfer, then how to deal with this? Come on, see the following discussion:

What To Do When Receiving Wrong Transfers?

There are several things you should do when you know that there is a wrong transfer of money in your account:

You Must Keep Calm

First, you have to stay calm. Don’t panic and don’t get excited just yet. You should not take these funds in a hurry let alone use them immediately. Let the money first.

Find out the Origin of Money by Checking It First with the Bank

Second, you must confirm and check with the relevant bank. Request your transaction data and account mutations. Also find out the name of the sender and the account number of the money transfer. Whether the money was sent by someone you know or not.

If it turns out, the sender is someone you know such as your colleague, friend, family or client. So, immediately contact them to confirm. If it’s true, it turns out that it was money transferred from your acquaintances because of a transaction (payments, commissions, etc.) then you can be a little relieved because the origin of the money is clear.

Then, what if you don’t recognize the person and the incoming funds are the wrong money transfers? So, you can make a report to the bank. The bank itself is also required to prove that there was an error in the transfer to your account by providing proof of the order to transfer the funds from the original sender and the appropriate recipient of the money. This is in accordance with Law No. 3 of 2011.

You can also ask for an official file on notification issues from the bank regarding the problem of incorrectly transferring funds. This is done to avoid any rogue elements trying to trick you.

By making a report regarding this wrong transfer of funds, you will not be entangled in an article. When there are customers who are careful or make assumptions and have good intentions by asking and confirming the incoming funds, this does not meet the criminal element in article 85.

Return All The Money

If it is really clear that it was a wrong transfer of funds, then you are obliged to return the money. You can also ask the bank to connect you with the party who transferred the funds.

By refunding the wrong transfer money completely and not using a penny. So, you will avoid the criminal law as well as avoid the sin of using money that is not rightfully yours.

Read also: How to close a BRI account

The criminal law of receiving, using the wrong money transfer

As reported by tempo.co, according to the Lecturer of the Law Study Program at the University of Pelita Harapan (UPH) Jonker Sihombing. There is protection for customers who have good intentions if there is a case of wrong transfer from the bank to the customer. This is regulated in Article 85 of Law Number 3 of 2011 concerning Fund Transfers.

According to Jonker himself, the use of article 85 to recipients of wrongly transferred funds cannot be applied immediately. But the bank must be able to provide evidence first. The law will provide protection for customers who have good intentions.

This good faith is expressed when the customer is careful or makes assumptions by asking about the funds that go into his account. The customer has also checked/checked the incoming fund transfer.

On the other hand, the legal threat for customers who do meet the criminal elements in Article 85 of the Funds Transfer Law is indeed quite severe.

The following reads Article 85 of Law Number 3 of 2011, “Everyone who knowingly controls and recognizes as his property Transfer funds that are known or ought to be known are not entitled to be punished with imprisonment for a maximum of 5 (five) years or a fine of a maximum of Rp. 5,000. 000,000.00 (five billion rupiah).”

In the article it has been explained that any person who knowingly controls or admits as his possession of transfer funds that is not his right can be imprisoned for a maximum of 5 years and a fine of a maximum of 5 billion rupiah.

The criminal element that must be fulfilled is an intentional error which requires the existence of a dolus malus or an intentional act with malicious intent.

When you clarify or ask the bank regarding incoming funds. So, it does not fulfill the criminal element (deliberately controlling and admitting). So you cannot be sentenced to use Article 85 because this element is the main key to assessing the crime or the core part of the offense [delicts bestanddelen].

In Article 56 of LAW OF THE REPUBLIC OF INDONESIA NUMBER 3 YEAR 2011 CONCERNING TRANSFER OF FUNDS (For more details, visit (https://www.kemhan.go.id/itjen/wp-content/uploads/migration/peraturan/UU0032011.pdf) is also explained in paragraphs 1 and 2 which read:

(1) In the event that the Sending Provider makes a mistake in the execution of a Funds Transfer, the Sending Provider must immediately correct the error by canceling or changing it.

(2) Sending Providers who are late in correcting errors as referred to in paragraph (1) are required to pay services, interest, or compensation to Recipients.

This requires the bank to immediately correct the error in the transfer of funds.

Meanwhile, in terms of religion. Using the wrong transfer funds that are not their rights is one of the disgraceful acts that can cause sin for the perpetrator.

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