WHISTLEBLOWER SETTING AS AN ANTI-FRAUD INSTRUMENT IN THE INDONESIAN BANKING INDUSTRY Zaid Alfauza Marpaung, Bismar Nasution, Alvi Syahrin, Madiasa Ablisar
Faculty of Law, University of North Sumatera
The challenge faced by the Indonesian banking industry today is fraudulence. To find out and dislose the frauds that occured in the banking industry requires the participation of employees who act as whistleblowers. However, in order to serve as a whistleblower is not easy. In addition to having credible information, a whistleblower must also have courage. Often a whistleblower is threatened, terrorized, intimidated, fired and even sued on the basis of defamation from the reported party. This study will examine how the whistleblower arrangements in preventing and combating fraud in the banking industry. The method used is normative legal research using a legal concept approach, legal comparisons and statutory regulations. The results showed that in order to serve as a whistleblower, one must meet two fundamental criteria. First, one conveys to internal authorities. Second, one works an insider. The legal provisions against whistleblowing have not been explicitly regulated in various Indonesian laws and regulations. This seems different from other countries whose arrangements have been regulated in separate laws. This research recommendation, whistleblower arrangements must be regulated in separate laws. To avoid employee reluctance to report violations or crimes in the banking industry, it can be done by implementing a socialized, transparent and responsible whistleblowing system. The whistleblowing system must maintain the confidentiality of the identity and protection of employees from threats and retaliation by reported parties. The application of the whistleblowing system can be done through internal reporting mechanisms and external reporting mechanisms.