Reconstruction of Banking Consumer Dispute Settlement in a Law Perspective

DOI

10.2991/icils-19.2019.34How to use a DOI?

Keywords

Reconstruction , consumer banking disputes, legal certainty

Abstract

The growth of Financial Services Institutions is very dynamic both in terms of trusted offerings and the products and types of services they offer. One of the financial services sector that has developed a lot is banking financial services. However, on the other hand problems arise because the growth of the financial sector is also followed by complaints related to consumers, as well as complaints to the Indonesian Consumers Foundation (YLKI) as well as complaints to the Financial Services Authority (OJK) in Jakarta. This study aims to (1) determine the factors of legal uncertainty in resolving consumer banking disputes. (2) to find new / ideal construction in dispute resolution that can realize legal certainty for banking consumers. This research is empirical, data collection is done by field research and literature using primary data and secondary data. Data were analyzed qualitatively using an interactive analysis model. The results of the study are as follows first: there are 3 (three) legal uncertainty factors in resolving consumer banking disputes, if analyzed with Friedman's legal system theory : (1). Legal substance, there are weaknesses of the OJK Law, the Consumer Protection Act and the OJK Regulation (2). The legal structure has not yet formed the Alternative Indonesian Banking Dispute Settlement Institution (LAPSPI) in the regions so that the settlement of consumer banking disputes by non-consumer litigation leads to the Consumer Dispute Resolution Board (BPSK). In addition, the FSA is less than optimal in monitoring the implementation of banking consumer protection. (3). Legal culture, the lack of consumer understanding of the knowledge of banking dispute resolution, this is because the FSA's programs and policies are only focused on banking services and products. Therefore an ideal reconstruction needs to be carried out, namely by: (1). Legal Reform in the Legal Substance by strengthening PERMA No. 2 of 2005 (Litigation) and Revision of POJK No. 01 / POJK.07 / 2014 (Non-Litigation); (2). Empowering the existence of Non-Litigation Legal Structures, with the establishment of LAPSPI in the regions and oversight by OJK more optimal; (3). Building a Legal Culture through Education and Socialization of Non-Litigation Settlement.

Copyright

© 2019, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Herwastoeti
PY  - 2019/11
DA  - 2019/11
TI  - Reconstruction of Banking Consumer Dispute Settlement in a Law Perspective
BT  - Proceedings of the 2nd International Conference on Indonesian Legal Studies (ICILS 2019)
PB  - Atlantis Press
SP  - 197
EP  - 203
SN  - 2352-5398
UR  - https://doi.org/10.2991/icils-19.2019.34
DO  - 10.2991/icils-19.2019.34
ID  - 2019/11
ER  -