Characteristics of Service Safe Deposit Box in Banking Activities

Abstract

Provision of safe deposit boxes (SDB) is one of the services in banking activities. The SDB is in the form of a box with a certain size and is rented out to customers, which is used to store goods and securities without the bank knowing its mutation and contents. According to Law No. 7/1992 concerning Banking as amended by Law No. 10/1998, the activity of “providing a place” in the form of SDB is a bank activity that solely rents a place for storing goods and securities, so it is not a safekeeping of goods even though the existence of SDB is under the control and supervision of the bank. If so, it is necessary to investigate whether the provision of SDB services in banking activities is a legal contractual relationship or goods custody. Therefore, this study aims to analyze the characteristics of the legal relationship in the provision of SDB services in banking activities. This research is a normative legal research using legal construction methods and approaches to the application of laws and conceptual. The results showed that the construction of legal relations between the customer and the bank in the SDB rental contract made by the bank was not solely a rental contract, but contained elements of goods storage. This is because the SDB that is leased is not fully under the management of the lessee (customer), the SDB and its contents are under the management and supervision of the SDB owner’s bank. Therefore, the SDB rental contract for banking activities is a contract or a mixed agreement (contract sui generis).