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All Journal The International Journal of Politics and Sociology Research
Usanti, Trisadini
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Humanities Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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Notary public’s obligation regarding bank secrecy post law number 4 of 2023 concerning financial sector development and strengthening Usanti, Trisadini
The International Journal of Politics and Sociology Research Vol. 11 No. 3 (2023): December: Law, Politic and Sosiology
Publisher : Trigin Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/ijopsor.v11i3.184

Abstract

A legal vacuum is found regarding the notary public as the affiliated party who is obliged to keep the bank secrecy in Banking Law and Law on Financial Sector Development and Strengthening. Although it cannot be denied that notary public have an important role in banking activities, e.g. in making authentic deeds related to granting credit or providing guarantees. The notary public also might obtain information related to the deposit customer and their savings if their savings are used as the object of credit collateral. The problem analyzed in this study is that in the absence of notaries public arrangements as an affiliated party, are they still obliged to keep the bank secrecy and what are the sanctions for notaries public if they violate the bank secrecy? The approach used in this study is the statute approach and the conceptual approach. This study found that to fill the legal vacuum, a legal discovery could be performed using grammatical interpretation, extensive interpretation, and legal construction with analogical reasoning regarding Article 40, Article 1 number 21, and Article 40 C in Law on Financial Sector Development and Strengthening, therefore based on these methods, notary public is part of the affiliated party which obliged to keep the bank secrecy. As for the bank secrecy violation, the sanction is not limited to imprisonment and fines, but also additional punishment as regulated in the Law on Financial Sector Development and Strengthening. In addition, there is a possibility of a tort lawsuit for the losses caused and administrative sanctions for notaries public based on Article 16 paragraph (11) of Law on Notary Public Position.
Customer protection of digital services by commercial banks concerning consumer and community protection in the financial services sector Usanti, Trisadini; Setiawati, Anindya
The International Journal of Politics and Sociology Research Vol. 11 No. 4 (2024): March: Law, Politic and Sosiology
Publisher : Trigin Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/ijopsor.v11i4.223

Abstract

In this digital era, banks must adjust themselves, given the needs of customers who want rapidity and flexibility of banking services so that customers can quickly and safely anytime, anywhere. Almost all commercial banks have digital services, but on the other hand, there are potential risks that will be faced. The problems discussed in this study are the potential risks in digital services and risk management related to the protection of customer rights. The approaches used in this research include statutory and conceptual approaches. The result of this research is that the main risks faced in digital services are operational risk, strategic risk, and reputation risk. So preventive efforts by conducting risk management and ensuring information system security and cyber resilience for Consumer Protection. While repressive protection with a handling mechanism for any questions and / or complaints from consumers. It is emphasized in POJK 22/2023 that banks such as PUJK are required to have and implement a mechanism for handling complaints submitted by consumers. Banks are required to provide consumer complaint services whose scope consists of receiving complaints, handling complaints, and resolving complaints.
Co-Authors Setiawati, Anindya