Proceedings of the 3rd International Conference on Law, Social Science, Economics, and Education, ICLSSEE 2023, 6 May 2023, Salatiga, Central Java, Indonesia

Research Article

Legal Sanctions Against Bank Parties That Perform Bank Confidential Violations

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  • @INPROCEEDINGS{10.4108/eai.6-5-2023.2333474,
        author={Aan  Handriani and Megawati  Barthos and Suparno  Suparno},
        title={Legal Sanctions Against Bank Parties That Perform Bank Confidential Violations},
        proceedings={Proceedings of the 3rd International Conference on Law, Social Science, Economics, and Education, ICLSSEE 2023, 6 May 2023, Salatiga, Central Java, Indonesia},
        publisher={EAI},
        proceedings_a={ICLSSEE},
        year={2023},
        month={7},
        keywords={bank bank secrecy customer},
        doi={10.4108/eai.6-5-2023.2333474}
    }
    
  • Aan Handriani
    Megawati Barthos
    Suparno Suparno
    Year: 2023
    Legal Sanctions Against Bank Parties That Perform Bank Confidential Violations
    ICLSSEE
    EAI
    DOI: 10.4108/eai.6-5-2023.2333474
Aan Handriani1,*, Megawati Barthos1, Suparno Suparno1
  • 1: Universitas Borobudur, Indonesia
*Contact email: aanhandriani@gmail.com

Abstract

One of the factors in being able to maintain and increase the level of public trust in a bank and banking, in general, is the bank's compliance with bank secrecy obligations. The intent is whether the bank can be trusted by customers who save their funds or use other services from the bank not to disclose the financial condition and customer transactions and other conditions of the customer concerned to other parties. In other words, it depends on the bank's ability to uphold and adhere strictly to bank secrecy. The problem in this writing is how to sanction the bank for violating bank secrecy provisions, and how the bank's efforts are to maintain the security of bank secrets. The research method used by the author is a normative juridical research method with a statutory approach. Based on the research results, it can be concluded that first, sanctions against banks who commit violations by Law Number 10 of 1998 concerning Banking for banks who violate bank secrets can be subject to three sanctions, namely, criminal sanctions in the form of criminal threats and cumulative fines, administrative sanctions in the form of revoking the business license of the bank concerned as well as civil sanctions in the form of compensation.