Indonesian Journal of Law and Syariah (IJLS)
Vol. 1 No. 1 (2025): Indonesian Journal of Law and Syariah

The Fiduciary Principle as a Pillar of Customer Protection in the Indonesian Banking System

Sartika Fauziah Hafni Harahap (Universitas Islam Indonesia)



Article Info

Publish Date
12 May 2025

Abstract

This study examines the implementation of the fiduciary principle in banking regulations and customer protection mechanisms within Indonesia's banking sector. Employing normative legal research with a statutory and conceptual approach, this study highlights two key findings. First, the fiduciary principle is fundamental to the legal relationship between banks and customers, as stipulated in Article 2 of Law No. 7 of 1992. This principle is reinforced by regulations issued by Bank Indonesia (BI) and the Financial Services Authority (OJK) and is reflected in various aspects of banking operations. These regulations encompass consumer protection, personal data security, financial safeguards, and protection against unfair banking practices. Second, consumer protection mechanisms based on the fiduciary principle are implemented through instruments such as the Deposit Insurance Corporation (LPS), supervision by BI and OJK, and dispute resolution services, including direct complaints to banks, limited facilitation by OJK, and alternative dispute resolution through the Alternative Dispute Resolution Institution (LAPS).This study concludes that the fiduciary principle is crucial for fostering trust, ensuring operational integrity, and promoting stability in the banking sector.

Copyrights © 2025






Journal Info

Abbrev

ijls

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Indonesian Journal of Law and Syariah (IJLS) is a peer-reviewed journal that is committed to the publication of scholarship in the Law and Syariah. It particularly focuses on the study of the Criminal Law, Constitutional Law, Islamic Constitutional Law, Islamic Family Law, Islamic Economic Law, ...