Tanggungjawab bank dalam perbuatan melawan hukum terkait hilangnya dana simpanan nasabah

Simatupang, Wilson Lie (2024) Tanggungjawab bank dalam perbuatan melawan hukum terkait hilangnya dana simpanan nasabah. Doctoral thesis, Universitas Pelita Harapan.

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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

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