Simatupang, Wilson Lie (2024) Tanggungjawab bank dalam perbuatan melawan hukum terkait hilangnya dana simpanan nasabah. Doctoral thesis, Universitas Pelita Harapan.
![Title [thumbnail of Title]](http://repository.uph.edu/style/images/fileicons/text.png)
Title.pdf
Available under License Creative Commons Attribution Non-commercial Share Alike.
Download (76kB)
![Abstract [thumbnail of Abstract]](http://repository.uph.edu/style/images/fileicons/text.png)
Abstract.pdf
Available under License Creative Commons Attribution Non-commercial Share Alike.
Download (3MB)
![ToC [thumbnail of ToC]](http://repository.uph.edu/style/images/fileicons/text.png)
TOC.pdf
Available under License Creative Commons Attribution Non-commercial Share Alike.
Download (117kB)
![Chapter 1 [thumbnail of Chapter 1]](http://repository.uph.edu/style/images/fileicons/text.png)
Chapter I.pdf
Available under License Creative Commons Attribution Non-commercial Share Alike.
Download (3MB)
![Chapter 2 [thumbnail of Chapter 2]](http://repository.uph.edu/style/images/fileicons/text.png)
Chapter II.pdf
Restricted to Registered users only
Available under License Creative Commons Attribution Non-commercial Share Alike.
Download (3MB)
![Chapter 3 [thumbnail of Chapter 3]](http://repository.uph.edu/style/images/fileicons/text.png)
Chapter III.pdf
Restricted to Registered users only
Available under License Creative Commons Attribution Non-commercial Share Alike.
Download (3MB)
![Chapter 4 [thumbnail of Chapter 4]](http://repository.uph.edu/style/images/fileicons/text.png)
Chapter IV.pdf
Restricted to Registered users only
Available under License Creative Commons Attribution Non-commercial Share Alike.
Download (3MB)
![Chapter 5 [thumbnail of Chapter 5]](http://repository.uph.edu/style/images/fileicons/text.png)
Chapter V.pdf
Restricted to Registered users only
Available under License Creative Commons Attribution Non-commercial Share Alike.
Download (3MB)
![Bibliography [thumbnail of Bibliography]](http://repository.uph.edu/style/images/fileicons/text.png)
Bibiliography.pdf
Available under License Creative Commons Attribution Non-commercial Share Alike.
Download (3MB)
![Appendices [thumbnail of Appendices]](http://repository.uph.edu/style/images/fileicons/text.png)
Appendices.pdf
Restricted to Repository staff only
Available under License Creative Commons Attribution Non-commercial Share Alike.
Download (1MB)
Abstract
The economy of a nation is determined by the prosperity of everyone in Indonesian
society. One of the determining factors of a nation's economy is the scope of
banking. As time goes by and the times develop, the banking business is one of the
pillars of the economy considering the function of the bank is to raise funds in the
community and also other aspects such as lending funds to customers. Problems
arise when many customers lose their funds in deposits placed in the bank. As seen
in several legal cases, the loss of customer deposits is often due to system errors
and also due to negligence by bank employees. In several real cases and court
decisions, it was found that the judges in each case may have different views. So this
research discusses the liability of banks in connection with the loss of customer
deposits in the bank. The research method that will be used in this research is
empirical normative juridical research based on actual facts, interview results, laws
and regulations and approaches to cases that have occurred in Indonesia. In this
study, it is found that Indonesia already has a regulatory framework in relation to
losses suffered by customers as a result of negligence committed by the bank either
by the bank itself due to system errors or due to negligence of its employees as
further regulated in the Civil Code, the Law on Banking and Consumer Protection,
and the Financial Services Authority Regulation. In terms of the implementation of
these regulations, it wasfound that legal certainty in relation to protection and legal
liability to victims due to the loss of customer deposits is still not enforced. It was
found that the time period for resolving cases was still uncertain so that victims did
not get compensation for the losses they experienced. Not only that, although it has
been regulated that if the bank can prove otherwise, then the bank does not need to
provide compensation or be responsible. This creates uncertainty because the
parameters are unclear. From the side of the bank itself, legal uncertainty is also
not enforced considering that due to the personal actions of its employees, the bank
may be subject to sanctions, even though the bank has implemented the principles
as stipulated in the legislation. As a consequence, the existing regulatory framework
needs to be revised, especially regarding the time period for dispute resolution (if
the customer sues alone). Another issue is the existence of alternative dispute
resolution outside of court for customers and banks, banking literacy to the public
and obligation of banks to make their Standard Operating Procedures (SOPs) that
prioritize consumer protection..
Item Type: | Thesis (Doctoral) |
---|---|
Creators: | Creators NIM Email ORCID Simatupang, Wilson Lie NIM01657190050 wilsonlie.simatupang@gmail.com UNSPECIFIED |
Contributors: | Contribution Contributors NIDN/NIDK Email Thesis advisor Pramono, Nindyo NIDN0018075404 nindyo.pramono@lecturer.uph.edu Thesis advisor Sihombing, Jonker NIDN8838820016 jonker.sihombing@uph.edu |
Uncontrolled Keywords: | Legal Certainty ; Banking ; and Legal Responsibilities |
Subjects: | K Law > K Law (General) |
Divisions: | University Subject > Current > Faculty/School - UPH Karawaci > Faculty of Law > Doctor of Law Current > Faculty/School - UPH Karawaci > Faculty of Law > Doctor of Law |
Depositing User: | Wilson Lie Simatupang |
Date Deposited: | 25 Apr 2025 09:05 |
Last Modified: | 25 Apr 2025 09:05 |
URI: | http://repository.uph.edu/id/eprint/68206 |