PERLINDUNGAN HUKUM TERHADAP NASABAH DALAM DUNIA PERBANKAN

Abstract

A bank is an enterprise having to do with service and finance. In carrying out its business, a bank is supported by three sources of funds. They are the fund of the First Party, that of the Second Party, and that of the Third Party. The activities of a bank in collecting funds is closely related to the fund of the Third Party in the form of clearings, deposits, deposit certificates and savings. The funds that have been collected in the bank are then distributed to people through credits. The difference between the interest of the credits and that of the people's savings will be the main income of the bank. The second income of the bank is come from the service product of the bank and the other finance product. From the activities of collecting funds, the bank is doing its legal relationship with its customers having the fund/creditors. The legal relation between the customers having the fund/creditors, is in the form of agreement between a debtor and a creditor, and based on trust. In doing its legal relation, a bank is assumed to have a bargaining position that is stronger than the customers having fund/creditors do. There fore, a Third Party, which can protect the weak party, is needed. General protection can be seen from its suprasystem and system, which involves banks, customers having funds/creditors, and Bank Indonesia. Specific treatment can be seen from the subsystem, which is related to the management of the banks funds, and that of the bank business. By means of professional bank management, the credibility of the bank can be improved so that customers having fund/creditors will get profit. With having good management that is applying good moral and ethic of banking and being responsible for the business, the bank activities and people trust to this enterprise can be increased. The success of the banking business lies on the professionalism of the bank management, as well as good and responsible banking implementation. Key word : Law Protection, Customer Having Fund/Creditors