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Legal Implications of the Passive Account (Dormant) Blocking Policy on the Principle of Banking Secrecy in Indonesia Rohmad Pujiyanto
Jurnal Indonesia Sosial Teknologi Vol. 6 No. 9 (2025): Jurnal Indonesia Sosial Teknologi
Publisher : Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jist.v6i9.9110

Abstract

This study analyzes the legal implications of blocking dormant accounts by the Financial Transaction Reporting and Analysis Center (PPATK) on the principle of banking secrecy in Indonesia. Banking confidentiality as a fundamental principle has been regulated in Law Number 7 of 1992 as amended by Law Number 10 of 1998, which confirms that banks are obliged to keep customer data confidential. However, there are exceptions in terms of prevention and eradication of criminal acts, especially money laundering as regulated in Law Number 8 of 2010 concerning TPPU. In practice, the authority of PPATK to temporarily suspend transactions or block passive accounts based on Presidential Regulation Number 50 of 2011 raises legal problems. On the one hand, this policy is needed to maintain the integrity of the financial system from the potential misuse of inactive accounts as a means of money laundering. However, on the other hand, these actions have implications for the protection of customer rights, the principle of banking secrecy, and the implementation of due process of law. The research method used is normative juridical with legislative, conceptual, and case approaches. The results of the study show that the legal basis for PPATK's authority is available, but its implementation causes legal uncertainty because there is no balanced mechanism between the state's interests in eradicating financial crimes and the protection of customers' constitutional rights. Therefore, it is necessary to harmonize regulations and reformulate the supervisory mechanism so that the authority of PPATK remains proportional, accountable, and in accordance with the principles of substantive justice
STRUCTURAL PARALYSIS OF INTERNAL OVERSIGHT AND THE ABUSE OF ADMINISTRATIVE DISCRETION IN INDONESIA LOCAL GOVERNMENT Rohmad Pujiyanto; Deny Puspitasari
University Of Bengkulu Law Journal Vol. 11 No. 01 (2026): APRIL
Publisher : UNIB Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/ubelaj.v11i01.48666

Abstract

This study analyzes the pathology of administrative discretion in Indonesian local government, focusing on cases of "job-selling" and procurement maladministration identified in 2026. Despite the legal framework provided by Law No. 30 of 2014, administrative discretion (freies ermessen) remains vulnerable to systemic abuse by regional heads. Using a normative-legal research method with statutory, case, and conceptual approaches, this research examines how the erosion of meritocracy and the manipulation of public contracts occur within a weakened oversight environment. The findings reveal that the internal oversight body (APIP) suffers from structural paralysis due to its jurisdictional subordination to the very authority it is tasked to monitor. This creates a "control vacuum" that allows administrative corruption to persist despite digital governance reforms. This study proposes a radical legal reconstruction by transforming APIP into a vertically independent institution and establishing rigid, objective parameters for administrative discretion through "Administrative Impact Assessments." By strengthening these preventive instruments, the administrative law framework can effectively mitigate bureaucratic capture and restore institutional integrity in local governance.