PERLINDUNGAN HUKUM TERHADAP NASABAH PENYIMPAN DANA PADA BANK YANG DILIKUIDASI MENURUT UNDANG-UNDANG NOMOR 24 TAHUN 2004 TENTANG LEMBAGA PENJAMIN SIMPANAN
Abstract: The liquidation of a
bank will have an impact on customer confidence, especially if the bank is
unable to pay its obligations to its customers, it will eliminate the customer
confidence in the banking institutions. Deposit Insurance Agency (LPS) is an
independent organization that works to implement the deposit guarantee and
participate actively maintaining banking stability. This study aims to discuss
issues about the shape of the legal protection of depositors in the bank liquidated
if savings exceed the amount guaranteed by LPS and what the legal consequences according
to Law No. 24 of 2004 concerning the Deposit InsuranceAgency.
This study uses normative law research. Data collection techniques used literature
study method or documentary studies. Source of data used are secondary data
consists of primary legal materials, secondary law and tertiary legal
materials. Data were analyzed using qualitative data analysis with descriptive
parse.From the results of this study concluded that the form of legal
protection fordepositors due to the liquidation of the bank before the
establishment of the Law No. 24 of 2004 concerning the Deposit Insurance Agency
(LPS) is very weak because only through implicit protection. After the birth of
the LPS Act provide protectionand legal certainty for depositors both directly
and indirectly. The legal consequences of the liquidation of a bank to
depositors with funds in excess of LPS will receive payment from the sale of
bank assets in the liquidation process, inaccordance with the provisions of
Article 54 Paragraph 1 of the Law of LPS, as well as for the deposit is not
guaranteed as eligible contained in Article 19 may submit an objection to LPS or file a lawsuit to court.
If the sale of bank assets are insufficientto repay depositors deposits,
depositors may file a lawsuit to existing shareholders or parties proved to
cause the bank to a bank failure by the District Court.
Penulis: Zuriyati
Kode Jurnal: jphukumdd151184
