Legal Implications of Banking Dispute Settlement Regulations in Indonesia that Do Not Meet Principles of Legal Certainty After Covid-19

Catarina Manurung (), Suhariningsih, Siti Hamidah and Hero Samudra
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Catarina Manurung: Brawijaya University
Suhariningsih: Brawijaya University
Siti Hamidah: Brawijaya University
Hero Samudra: Brawijaya University

A chapter in Proceedings of the 1st Brawijaya International Conference on Business and Law (BICoBL 2022), 2023, pp 42-53 from Springer

Abstract: Abstract Trust is very expensive. The banking business is a trust business. If the public's trust in banking collapses, the bank will automatically go bankrupt. The poor condition of the banking system in Indonesia is caused by several factors: problematic credit distribution, moral hazard, excessive owner interference, weak aspects of banking supervision and regulation. Limited information available to the public regarding the financial condition of banks, so that community control over banks does not work properly. This condition causes the fragility of public trust in the banking industry. This has been exacerbated by the COVID-19 pandemic, which has been running for more than two years. Many workers lost their jobs and were laid off. They have no income. The money they have is of course used to finance basic needs in the form of food and drink, so that the debts they have are no longer able to be paid. Because of this, a policy for debt rescheduling is urgently needed. On the other hand, depositors who have deposits in the form of time deposits cannot withdraw their funds at maturity. The condition of banking in Indonesia is inseparable from the issue of moral hazard, which arises from various forms of government intervention, political involvement in the financial sector, and banking structures. The purpose of this writing is to reform the Indonesian banking industry in a better and more advanced direction. The author uses a normative legal research method with a related statutory approach, with a hypothesis: banking dispute resolution arrangements in Indonesia that do not meet the principle of legal certainty for customers after Covid-19. The result is that apart from going through the courts, an alternative banking dispute resolution (ADR) is still needed.

Keywords: Banking; Trust; Customer Deposits; The Principle of Legal Certainty; Banking Disputes (search for similar items in EconPapers)
Date: 2023
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DOI: 10.2991/978-94-6463-214-9_5

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