Legal Protection of Bank Confidential Security After Constitutional Court Decision Number 64/PUU-X/2012

DOI

10.2991/978-2-38476-008-4_15How to use a DOI?

Keywords

Legal Protection; Security; Bank Confidentiality

Abstract

Bank confidentiality regulations is intended to protect customer confidentiality and ensuring data confidentiality related to customer deposits, especially regarding their financial condition. The Indonesian regulation on maintaining customer confidentiality is regulated in Article 40 Paragraph (1) of Law Number 10 of 1998 on Banking. However, there has been recent regulation changes with the Constitutional Court Decision No.64/PUU-X/2012. This decision originated from a lawsuit on divorce and division of shared property registered at the Syariah Court of Banda Aceh City No. 21/Pdt-G/2012/MS-BNA on February 1, 2012, filed by Magda Syafitri, whereby the bank refuses providing information regarding the husband’s savings due to bank confidentiality regulations. This study is a Normative Law research in form of document studies, with descriptive style. Primary data is used in forms of Constitutional Court Decision Number 64/PUU-X/2012, laws, regulations, and books. This study indicates that according to decisions of the Constitutional Court Number 64/PUU-X/2012 regarding divorce civil trials and shared property divisions, an exception exists to bank confidentiality regulations, before being confidential with the Constitutional Court’s decision, therefore the regulations in Article 40 paragraphs (1) and (2) are not applicable, in divorce cases. If the government covers banking institutions to maintain trust and bank confidentiality through regulations, countries can use bank confidentiality as competitive advantage. Bank confidentiality is a tool of economic engineering based on economic law approach emphasizing the purpose of legal benefits, which is important if it is utilized as a means of economic engineering or as a tool for driving a country’s economy.

Copyright

© 2023 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Putra Kubando
AU  - Rosyidi Hamzah
AU  - Yusri Munaf
AU  - Sridevi Ayunda
PY  - 2023
DA  - 2023/03/19
TI  - Legal Protection of Bank Confidential Security After Constitutional Court Decision Number 64/PUU-X/2012
BT  - Proceedings of the International Joint Conference on Arts and Humanities 2022 (IJCAH 2022)
PB  - Atlantis Press
SP  - 110
EP  - 119
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-008-4_15
DO  - 10.2991/978-2-38476-008-4_15
ID  - Kubando2023
ER  -