Tinjauan Yuridis Atas Perjanjian Sewa Menyewa Safe Deposit Box Pada PT. BNI (PERSERO) Tbk Tanjung Balai Asahan
| Main Author: | Simanjuntak, Effendy |
|---|---|
| Other Authors: | Yamin, Muhammad, Bustami, Chairani, Devi, T. Keizerina |
| Format: | Masters |
| Bahasa: | ind |
| Subjects: | |
| Online Access: |
http://repository.usu.ac.id/handle/123456789/30376 |
Daftar Isi:
- One of the functions and duties of public bank according to Law No. 10/1998 on Banking is to provide Safe Deposit Box service to help the community members who need to secure their properties such as jewelries, securities, documents, gold, and other valuables implemented through a lease agreement between the bank and the lessee. The purpose of this analytical descriptive study with normative juridical approach was to look at the legal base of the Safe Deposit Box lease agreement at a bank, to examine the implementation of Safe Deposit Box lease agreement at PT BNI (Persero) Tbk, Tanjung Balai Asahan, and to analyze the legal protection for the customers stated in the Safe Deposit Box lease agreement at PT. BNI (Persero) Tbk, Tanjung Balai Asahan. The data for this study were obtained through library research and interviews with the staff of PT BNJ (Persero) Tbk, Tanjung Ba!ai Asahan who were in charge of the implementation of Safe Deposit Box service and the customers using the Safe Deposit Boxes. The result of this study showed that the use of Safe Deposit Box by the customers called deposit service both open or closed deposit in which the number or amount and kinds of the properties deposited were clearly registered was regulated in Law No.10/1998 on Banking. With the introduction of Safe Deposit Box service whose regulation is related to the regulation of leasing in the Indonesian Civil Codes, the deposit service is no longer carried out. The Safe Deposit Box lease agreement at PT. BNI (Persero) Tbk, Tanjung Balai Asahan was implemented after it was signed by the customer and the bank. The application form and the contents of the lease agreement related to the rights and responsibilities of both parties were unilaterally decided by the bank (standard agreement) and this agreement was made underhanded (without notarial act). The constraint during the implementation of this agreement was only that the supporting documents were not complete and they could be furnished later. This happened because the lessee was the customer of the bank itself In addition, the community members did not have adequate information about the use of Safe Deposit Box and legal protection for the customer leasing the Safe Deposit Box in accordance with the rights and responsibilities stated in the agreement. In case the customer could not keep the promise as agreed in the agreement, the bank should give the customer a notification telling him/her to meet his/her responsibility before the sanction was imposed to the customer as agreed in the agreement. If the bank needed to open the Safe Deposit Box and took out its contents before the witness and its official report must be made before a notary. PT. BNI (Persero) Tbk, Tanjung Balai Asahan is suggested to make the Safe Deposit Box lease agreement before a notary that it can be an authentic evidence for those having a case in a court. And then if the bank opening of the Safe Deposit Box must be within Notary, police, and heir or the immediate family member. The customer leasing the Safe Deposit Box is suggested to keep the balance in his/her account in an adequate amount to pay the rent when the period is expired that the bank does not need to warn or even to unilaterally open the Safe Deposit Box.
- 087011156