Legal Implications of Bankruptcy on Bank-related Problems and Customer's Legal Protection

Abstract

The background of this legal research is that the Bank is an intermediary institution as well as a profit-oriented institution. Intermediation means that banks are pillars of the national economy. This puts the Bank regulated by regulations and supervised by special authorities. Banks are business entities that have special characteristics so revocation of business licenses, dissolution of legal entities, and liquidation of banks cannot be equated with generally accepted procedures. The legal issues in the research are: Can a troubled bank be bankrupt and how is the legal protection for depositors according to the Law on Bankruptcy and Postponement of Debt Payment Obligations? This research is juridical normative by using a statutory approach, namely: the Banking Law and Bankruptcy Law, and a conceptual approach. The legal materials that have been obtained are analyzed by content analysis. Based on the results of the discussion, it is shown that: first, according to the provisions of the Banking Law, Bank Indonesia is given the authority to revoke the business licenses of troubled banks. Likewise, the Bankruptcy Law gives authority to Bank Indonesia to file for bankruptcy against troubled banks. So far, Bank Indonesia in dealing with troubled banks after rescue efforts failed to use the liquidation process and has never used bankruptcy efforts. And protection for Depositors has been provided by the liquidation mechanism and banking regulations are lex specialist to Law no. 37/2004 concerning Bankruptcy and Suspension of Debt Payment Obligations is a lex generalist. In addition, it is impossible for Bank Indonesia to choose a bankruptcy law channel to damage the national economic system just to serve the interests of creditors themselves. Even so, banking regulations and their regulatory agencies have provided legal protection for depositors and if they feel they have been harmed, they can sue the Commercial Court.
 Keywords: implications, bank bankruptcy, legal protection, bank customers