PERLINDUNGAN HUKUM TERHADAP NASABAH BANK PADA PENARIKAN TABUNGAN NASABAH OLEH PIHAK LAIN BERDASARKAN PRINSIP KEHATI-HATIAN DALAM PERBANKAN (STUDI DI PT. BANK RIAU KEPRI BUTIK MALL SKA PEKANBARU)
ABSTRACT: Banking institution
is one of institution which has an important strategic role in Indonesian
development. In conducting its business activities, it must perform the duties
and authorities carefully, thoroughly and professionally in order to gain
public’s trusty. In Article 2 of banking law told that the activity of banking
is guided by some principles or basis,namely economic democracy principle and
the precautionary principle. This study examines the issues relating to the
legal protection of the customer on the withdrawal of savings by the other
party based on the precautionary principle in banking that occurs in PT. Bank
Riau Riau Islands Boutique Mall SKA Pekanbaru. The aim of the study is to determine
the legal protection of customers in the withdrawal of savings by other parties
and determine thebanking’s responsibility of the customer for withdrawal of
saving by other parties. The study was conducted by using Juridical
Sociological Research. The source of thedata was obtained from primary data and
secondary data, then for the technic of collecting thedata was obtained by
using interview and literature. Furthermore, the researcher also used qualitative
analysis, an analysis of the data are clearly described in the form of
sentences in order to obtain the clear image after that the conclusion can be
gotten inductively. From the result of the study can be concluded that the
legal protection of customer related to withdrawal of saving by other parties
are: customer get protection by the bank inthe form of good response to
customer. The customer get the good response was in the form of in providing
information, letting the customer give complaints and also collecting evidences.
Then, the responsibility of the bank to customer related withdrawal of savings
by the other party was the teller negligence in running their duties which
resulted in loss of customer. For the case, the bank need to responsible for
providing compensation to the client, but the first thing that should be done
was proofing the truth about client indemnity that itwas really the fault of
the bank, further the replacement should be delegated to the teller who did
negligence. This study suggests that all of bank staff should be more cautious,
careful and meticulous in operating all the desk jobs, and the researcher
expected that bank must have specific regulations which regulate transaction
about the withdrawal of saving by other parties.
Penulis: Andi Sanjaya
Sinulingga
Kode Jurnal: jphukumdd151329