PLENARY SESSION
Alte ati e Dispute ‘esolutio
Mechani
s s a d A ess to Justi e
Presenters:
Dominikus Rato
Nia Kurniati
Rina Yulianti, Mufarrijul Ikhwan, Dhiana
Puspitawati
Peraturan Menteri Dalam Negeri Nomor 114 Tahun 2014 tentang Pedoman Pelaksanaan Pembangunan Desa.
THE EXISTENCE OF THE ALTERNATIVE DISPUTE RESOLUTION INSTITUTION IN
BANKING “ECTO‘ LAP“PI A“ BANK CU“TOME‘ “ ACCE““ TO JU“TICE
Dr. Etty Mulyati, SH.MH.
Padjadjaran University
Abstract
Bank as an institution of trust has a very strategic role and position in the economic development, therefore reputation must be maintained. Since when the bank customers ights are not protected, an erosion of confidence in the banking system will take place. The high intensity of transaction between customers and banks increases the possibility of frequent disputes. Therefore it is necessary for the dispute settlement age to e p o ided i the a k s internals as a financial institutions and to be viable, accessible, responsive, objective, and inexpensive so that it can be utilized by the banks and customers. As a form of consumer protection as mandated by Law No. 21 Year 2011 on the Indonesian Financial Services Authority (FSA) or locally known as Otoritas Jasa Keuangan (OJK), the FSA published and authorized the Regulation of Financial Services Authority (POJK) No. 1/POJK.07/2014 About the Institute of Alternative Dispute Settlement (LAPS) in the Financial Services Sector. The problem is how the existence of the LAPS in Indonesian banking system gives the customers an access to justice.
There is no equal status between the bank and the customer, the customer is in a weak positio o pa ed to the a k, it a ause f i tio sho th ough the usto e s o plai ts. At the stage of settlement through customer complaints, often no agreement is reached between the customer and the bank, so that it becomes a dispute.To facilitate customers who do not have the ability to resolve disputes through court, LAPS in the banking sector was made based on the POJK as an effort to resolve the dispute in a simple, fair, fast, and relatively inexpensive way with the aim of protecting the customers to boost up their confidence in the banking system.
Laps in the banking sector (LAPSPI) is formed by banks coordinated by six banking associations, has dispute resolution services such as mediation, adjudication, and arbitration. LAPSPI have to apply some these principles; Accessibility, Independence, Fairness, Efficiency an d Effectiveness.The application of those principles is intended to make the settlement of disputes in the banking sector can be done easily, fast, inexpensive, fair, and its decision is e fo ea le as a ses to justi e fo a ks usto e s. OJK may impose administrative sanctions on banks, if it does not abide and implement the decision of LAPSPI.
Keywords: bank, customer, dispute resolution, OJK, LAPSPI
A. Background
