PERLINDUNGAN HUKUM TERHADAP NASABAH PENYIMPAN DANA OLEH LEMBAGA PENJAMIN SIMPANAN

Abstract

In principle forming of The Institute of Deposit Guarantor to prevent bank runs, lowering of trust of depositor and minimization of crisis can at bank. Effort done by the Government according to commendation of Law No . 10 The year 1998, hence formed The Institute of Deposit Guarantor by virtue of invitors No 24 The year 2004 about The Institute of Deposit Guarantor. Its hence every bank operating in Indonesia either public bank and also public credit bank is obliged to be guarantee participant. As for deposit type guaranteed is giro, deposit, certificate of deposit, saving, and other form likened with that. Hereinafter purpose of which wish to be reached in research of this thesis is: 1.to study and analisys legislation bachground of act number 24 year 2004 about deposit guaranty institution; 2. to study and analisys protection of law for depositor by deposit guarantee institution; 3. to study and analisys the consequences of law from limited guarantee under act number 24 year 2004 As for method in this research by using juridical method, with law approach, conceptual, comparability. Law material applied is primary law material and secondary law material, then analyses by using method interprestasi, argument of law and law logic by standing upon law science characteristic having the character of normatif. Protection urgency of law to depositor client of fund at banking institute required as effort to take care of trust of public to bank that is that public still have confidence in save fund owned in bank. Other urgency is as effort avoids financial distress, where condition of bank finds difficulties finance or liquidity. As for all important urgency is to strive takes care of national economics stability, peculiarly to take care of distortion of monetary and depress inflation rate. Arrangement of Law No. 24 The year 2004 about The Institute of Deposit Guarantor unable to can give protection of law to depositor client of fund if bank experience failure. Where client deposit guaranteed only limited to one hundred million rupiahs with clauses that the deposit is noted in bank, and client doesn't receive interest to deposit value is guaranteed. Side is other assessed deposit is guaranteed simply admits of altered in the event of rush and or high inflation.