Legal Protection of Bank Confidential Security After Constitutional Court Decision Number 64/PUU-X/2012

Kubando, Putra and Hamzah, Rosyidi and Munaf, Yusri and Ayunda, Sridevi (2023) Legal Protection of Bank Confidential Security After Constitutional Court Decision Number 64/PUU-X/2012. In: the International Joint Conference on Arts and Humanities 2022 (IJCAH 2022).

Text 4. Proceeding Legal Protection of Bank Confidential Security.pdf - Published Version Download (1MB)

Abstract

Bank confidentiality regulations is intended to protect customer confi- dentiality and ensuring data confidentiality related to customer deposits, especially regarding their financial condition. The Indonesian regulation on maintaining cus- tomer confidentiality is regulated in Article 40 Paragraph (1) of Law Number 10 of 1998 on Banking. However, there has been recent regulation changes with the Constitutional Court Decision No.64/PUU-X/2012. This decision originated from a lawsuit on divorce and division of shared property registered at the Syariah Court of Banda Aceh City No. 21/Pdt-G/2012/MS-BNA on February 1, 2012, filed by Magda Syafitri, whereby the bank refuses providing information regarding the husband’s savings due to bank confidentiality regulations. This study is a Norma- tive Law research in form of document studies, with descriptive style. Primary data is used in forms of Constitutional Court Decision Number 64/PUU-X/2012, laws, regulations, and books. This study indicates that according to decisions of the Constitutional Court Number 64/PUU-X/2012 regarding divorce civil trials and shared property divisions, an exception exists to bank confidentiality regula- tions, before being confidential with the Constitutional Court’s decision, thereforethe regulations in Article 40 paragraphs (1) and (2) are not applicable, in divorcecases. If the government covers banking institutions to maintain trust and bankconfidentiality through regulations, countries can use bank confidentiality as com-petitive advantage. Bank confidentiality is a tool of economic engineering basedon economic law approach emphasizing the purpose of legal benefits, which isimportant if it is utilized as a means of economic engineering or as a tool for driving a country’s economy.

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