PERLINDUNGAN NASABAH DAN HUBUNGAN HUKUM NASABAH DENGAN BANK

Banks as an institution or institution working in the financial sector have played quite an important role in various public interests. Indonesia Now. Various banking products have been developed to meet the needs of economic development and social security. Pursuant to the provisions of the Indonesian Banking Act; Pursuant to Decision No. 7 of 1992, the Bank is a legal entity and carries out activities to attract public funds and provide other financial services. 

Banks with their various products are widely used by society to solve the problems they face in the financial sector. Given the growing need for banking services, the authors feel how important it is to understand the community from the other side. Both of these things can only be accomplished if the bank properly protects public funds. Therefore, banks must be able to operate efficiently, reliably, fairly and face increasing global competition.

Community members' understanding of all banking activities, including all bank notes, should begin when a person uses/uses banking services to prevent risk. Here the speaker tries to think about "customer protection and legal relations with banks". Where, according to the customer, the party uses the bank's services. 

Customer protection 

Customers who keep their funds in banks tend to pursue different goals and objectives. The customer wants very much that the funds he keeps in the bank are protected from anything that can harm him, and that the bank receives a reward for the use of these funds. In general, customers should be protected so that they are not harmed by banks or other irresponsible parties. In this context, as the above points are mentioned in the applicable laws and regulations, the following points may be noted:

1. Deposit Insurance Corporation 

From the provisions of Section 37B of the Banking Act Indonesia 1992/1998 states that each bank is required to guarantee public funds deposited in the respective bank through the Deposit Insurance Corporation. Thus, the Law already regulates the obligation to provide guarantees for bank deposits, including state funds received in the form of bank deposits. For its implementation, of course, the bank must conclude a contract with the institution in accordance with the current legislation.

It should also be noted that by the fifth year of the entry into force of the provisions of the law, it was discovered that the Deposit Insurance Corporation had not yet started its activities, so the state guarantee of deposits in banks is being implemented. This government guarantee can be fulfilled by meeting the requirements set by the government, even if it expires one day.

Taking into account the provisions of the law on the obligation of banks to guarantee public funds and the existence of a permanent program of guarantees, this should ensure the protection of depositors in the event of the closure of the respective bank. Vault customers are expected to continue to get their deposits back if their bank closes.

2. secret bank 

Since the banking world is run by the public, banks also have a duty to protect public trust. Banks have a responsibility to ensure the safety of money so that it is truly safe. For the safety of its customers, banks are prohibited from providing documented information about the financial status of their customers and other matters. In other words, the bank must maintain confidentiality about the financial situation of the customer, and if it maintains bank secrecy, then sanctions will be applied.

Banking confidentiality is anything related to information about depositors and their deposits (Indonesia Banking Act 1992/1998, Article 1 No. 28). It is governed by Article 40 with the following formula:

1. Sections 41, 42, 43 and 44 prohibit banks from providing information registered with the bank about the financial status of their customers and other matters that the bank must keep confidential from customs. . 
2. These provisions apply to related parties. 

In addition, the official interpretation of Article 40 is, among other things, the following:

In this regard, in accordance with customs, the Bank is obliged to keep confidential information, as well as information related to financial and other matters from persons and organizations known to the Bank in connection with its business activities. This secrecy is necessary in the interest of the bank, which requires the trust of the public who invests their money in the bank. People will entrust their money to banks or use banking services only if there is a guarantee that the bank's knowledge of bank deposits and the customer's financial situation will not be misused. This provision emphasizes that banks must maintain bank secrecy.

Except for certain matters governed by this Act and other laws and regulations, according to the regulations, banks and subsidiaries are required to maintain the confidentiality of depositors and information about their deposits. Related parties are persons related to the management of the bank. Who is called an authorized body is governed by the provisions of Part 1 No. 22 of the Banking Act. Indonesia 1992/1998, including directors, officers and employees of the Bank;

However, in some cases bank secrecy does not apply to customers, e.g

1. For the purposes of the bank's tax service Indonesia At the request of the Minister of Finance, issuing written instructions to banks to provide bank employees with information and evidence on the financial status of individual deposit customers. 
2. To be settled on the bank's receivables submitted to the State Receivables Agency/State Receivables Committee. Head of the bank Indonesia To allow officials of the State Service of Receivables to receive information about deposits of debtor clients from banks. 
3. Criminal court cases, management, banks Indonesia The police, prosecutor or judge can also give evidence from the bank about the charges or allegations against the bank.  
4. As part of the exchange of information between banks, bank managers can show other banks the financial status of their clients. 

Bank secrecy provisions are intended to help protect depositors by ensuring that funds in the bank are not known to parties other than interest. These deposits are the personal property of the customer of the depository, which must not be known to others. The bank and its employees must pay attention to the implementation of the bank's confidentiality provisions in order not to create problems that may harm the bank. In this case, banks should pay attention to their position, which is often called a trusted institution. 

Legal relationship between the client and the bank 

Parties dissatisfied with the information provided by the Bank have the right to familiarize themselves with the content of the information and demand correction of inaccuracies in the information provided. Violations of various applicable regulations, including bank confidentiality, will result in certain sanctions described in Act No. 1 10 of 1998

The guarantee of compliance with banking regulations is provided for in section 50, punishable by imprisonment for 6 (six) years and a maximum fine. 6,000,000,000.00 (Six Billion Rupees).

Article 50 is a guarantee for society. Thanks to this guarantee, not all banks can avoid fulfilling their obligations, especially in the case of bank control over the state of the bank. Indonesia , representing the government to protect public funds while keeping banks healthy.

Bank Indonesia may impose administrative penalties in accordance with Article 52 of the Law, which specifically states:

The administrative charge provided for by this article may be:

1. great 
2. Issuance of written warnings; 
3. Decrease in the level of reliability of the bank; 
4. prohibition to participate in clearing; 
5. cooling operation;  
6. The business license has been cancelled. 

The ban also applies to those who carry out banking activities, for example, collecting cash from the public in the form of deposits without the efforts of the bank's management. Indonesia . Such a violation is punishable by imprisonment for a term of at least five years. five ) years and no more than 15 ( five fifteen) years and a fine of at least 1000 drams. 10,000,000,000.00 (ten billion rupees) and a maximum of Rs. 200,000,000,000.00 (Twenty Billion Rupees).

Prohibitions also apply to board members, directors or employees of banks or other departments who knowingly provide information that should remain confidential, such as providing information about their deposits and savings secrets, which is punishable by imprisonment. Not less than 2 (two) and not more than 4 (four) years and not less than 2000 drams. 4,000,000,000.00 (four billion rupees) and a maximum of Rs. 8,000,000,000.00 (Eight Billion Rupees).

However, in general, the legal relationship between the bank and the client is based on a contract raw The format is created unilaterally by the bank, so in practice it is beneficial only to the bank, because banks always practice careful banking. Factors that affect the legal protection of bank customers come from the bank itself and related parties, in this case Bank Indonesia, as well as consumer protection agencies, while the constraints that affect the legal protection of consumers come from consumers. Factors are also from business organizations, in this case from banks. In this situation, banks did not provide maximum legal protection for clients. 

Conclusion 

From the above explanation we can conclude:

1. From the provisions of Section 37B of the Banking Act Indonesia It is known that each bank is obliged to guarantee the state funds held in the respective bank through an insurance company. 
2. Together with legal provisions relating to the obligation of banks to guarantee public funds and a permanent guarantee scheme, this should ensure the protection of depositors in the event of the closure of the bank concerned. 
3. Banking privacy is everything related to information about depositors and their deposits. (Indonesia Banking Act 1992/1998, Chapter 1, Section 28). 
4. The relationship between the bank and the customer is one of trust and confidentiality, so trust and confidentiality in the relationship between them is a moral obligation (integrity).

Bibliography 

language, M., Bureau of Banking and Accounts Indonesia , King of Venus Gryffindor Persad, Jakarta , 2005

marpang, Leiden, Crimes Against Banking, Erlang, Jakarta , 1993

Kashmir, Banks and Other Financial Institutions, Pt. King of Gryffindor Persad, Jakarta , 2005 

Banking Law , Siner Graphics, c. 3, Jakarta , 2002

Santoso, Totok Budi, Banks and other financial institutions, Salemba Mpat, Jakarta , 2006

Copyright: Collection of documents and articles

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