PERLINDUNGAN HUKUM TERHADAP NASABAH ALAM TRASAKSI DERIVATIF YANG DILAKUKAN OLEH BANK
| Main Authors: | , Aditya Putri Ayu Hermawati, , Drs. Paripurna S, S.H., M.Hum., LL.M. |
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| Format: | Thesis NonPeerReviewed |
| Terbitan: |
[Yogyakarta] : Universitas Gadjah Mada
, 2011
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| Subjects: | |
| Online Access: |
https://repository.ugm.ac.id/90805/ http://etd.ugm.ac.id/index.php?mod=penelitian_detail&sub=PenelitianDetail&act=view&typ=html&buku_id=51945 |
Daftar Isi:
- One of the banking product innovations which is developing and interested in the customer is �Derivative Transaction�. Derivative Transaction is a paying contract or agreement which its value depends on or derivation from underlying asset whether followed by fund movement or without any fund or instrument movement. Derivative is one of the very significant product innovation where can be enlarging such business, increasing the efficiency, and lowering cost toward the risk management in business in turn have openness the new activities which formerly considered as the risk activity without any derivational transaction. In line its development, this derivative transaction have raised many problems. Many customers receive the damaged of insufficient its law apparatus which regulate the derivative transaction and the poorly understanding of customer about the risk and characteristic of derivative transaction. Therefore, this thesis discusses about the law protection toward the customers in derivative transaction implemented by Bank. This is caused any unbalanced position between customer and Bank. To avoid any customer damage of using offered derivative product by bank, there is needed the information openness from bank party. The method in this study using a normative approach to legislation(Statute Appoach). Where this approach to carry out the riview of legislation relating to the central theme of research that is related to derivative transactions, protections of the laws, regulating related of banking. This thesis will detailed discuss how the validity of derivative transactions in the banking law Indonesia and how the law protection toward customer in derivative transaction applied by bank party is. As regulator of customer, the appropriated law of protection principle toward customer in a regulation is act No. 10 year 1998, PBI No. 7/31/PBI/2005 jo PBI No. 10/38/PBI/2008 about Derivative Transaction, PBI No. 7/6/PBI/2005 about Transparant Bank Product Information and Customer Private Data Implementation.