Perlindungan Hukum Terhadap Nasabah Penyimpan Dana

Abstract

This study aims to examine and answer the issue of legal protection of depositors who have legal protection for depositors who are not guaranteed by the deposit insurance agency (LPS) at the bank of Sumut Tanjung Balai. In order to analyze it, normative research is conducted in the provisions of Indonesian banking law. Adaption of data collection used is Method of Literature and Documentary Method. From the research conducted, obtained the result that each bank is required as a participant LPS (Lembaga Penjamin Simpanan). With the establishment of LPS, customers depositing funds in banks will be guaranteed deposits by LPS through payment of premiums to the Deposit Insurance Agency up to Rp 2,000,000,000 (two billion rupiahs) in accordance with Law Number 24 of 2004 on the Deposit Insurance Corporation Article 11 and Regulation Government Number 66 Year 2008 on the amount of Deposit Value guaranteed by the Deposit Insurance Agency Article 1, the amount of customer deposits guaranteed by the Deposit Insurance Corporation. But with the existence of the Deposit Insurance Corporation causes customers whose savings include categories that are not guaranteed. If the bank where they deposit their funds is revoked, there is a possibility that the customer's savings will be returned. As a legal protection, the LPS Law grants the right to depositors exceeding Rp 2,000,000,000 (two billion rupiah) to be paid from the disbursement of bank assets from the liquidation process in accordance with article 54 paragraph 1 of the LPS Law. There are several ways that depositors can do above Rp. 2.000.000.000, - (Two billion rupiah) namely Breaking the savings of several banks with a maximum balance of Rp. 2,000,000,000, - (Two billion rupiah); If the money held by the customer is intended for the benefit of another person or party, the depositary may open an account for the benefit of such person or other party, for example, for the wife and children, but must show evidence of a relationship or financial interest between the depositary customer as the account holder with such person or other person as beneficiary.