Perlindungan Hukum Atas Hak Nasabah Penyimpan Dana Terhadap Bank Yang Dilikuidasi Setelah Berlakunya PP Nomor 25 Tahun 1999 (Legal Protection For Depositors' Rights Against Liquidation Of Banks Under Government Regulation Number 25 Of 1999)
| Main Author: | Musjtari, Dewi Nurul |
|---|---|
| Format: | Article eJournal |
| Bahasa: | eng |
| Terbitan: |
[ 20 ] JURNAL MEDIA HUKUM: UMY
, 2012
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| Online Access: |
http://lib.law.ugm.ac.id/ojs/index.php/jmh/article/view/1773 |
Daftar Isi:
- This research aims to investigate how depositors who claim their money back are legally protected after the enactment of GR No. 25 of 1999, to ascertain if prioritization of depositors ' rights over creditors' preferential rights is legally justifiable, and to find out the legal efforts that can be made by depositors to secure their savings. This research is descriptive and analitical and adopts a normative juridical approach. As a normative research, it has been carried out to obtain secondary data, whereas primary data serve to supplement the secondary data. The secondary data were obtained from library research through a documentary study of legal material relevant to the research questions. The primary data were collected from field research by using interview guidelines and questionnaire. The questionnaire was open-ended and therefore the researcher obtained fairly complete data for analysis. The result of this research reveals that there are two forms of protection, namely implicit deposit protection and explicit deposit protection. The former is protection given through regulatory and supervision which can avoid bankruptcy, whereas the latter is protection by establishing an agency that guarantees customers' deposits so that in case of a hank's failure, the agency will cover depositor saving invested in the bank. An explicit deposit protection is not and alternative or a substitute for an implicift deposit protection functions only as a supplement. Apart from the afore-mentioned forms of protections, another way to protect depositors in case of liquidation is by giving priority to priority should he stipulated in an Act ensure legal certainty. Despite the fact that up till now there has been no legislation that gives priority to depositors, in view of maintaining people’s trust in the banking world which affects economic stability, priority, to depositors’ rights in practice is legally justifiable as stipulated in the elucidation to GR No. 25 of 1999 and it is based on an interpretation of trust and prudential principles adopted by the banking system. A legal effort that can be made by depositors to protect their deposits is to make effective the performance of PT. Askrindo (Indonesian Credit Insurance Ltd.). Another effort is the establishment of an agency that serve as a guarantor of customer' deposit, such as a deposit insurance agency, which should be as independent as possible and free from government intervention.