基于正义的银行流动性事件中客户法律保护规则重构

Sugiyanto Sugiyanto
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摘要

在这篇研究文章中,我们将尝试在适用法律法规的基础上进行银行流动性监管分析的相关讨论,分析理解银行发生清算时存款人/客户的法律保护,分析基于正义原则的银行清算中客户法律保护的重构。本研究采用的研究方法是社会学或非理论方法,其主要重点是收集原始数据。为了获得必要的研究数据,笔者采用了司法-实证法的研究方法。在实证研究中,重点是法律在现实领域的应用(具体的法律)。这项研究最初是通过检查二手数据进行的,然后是在实地或社区内进行的原始数据研究。研究结果表明,与银行清算相关的客户保护已被银行自身通过隐性和显性保护所预见,这两种保护都已在银行法中得到解释和规范。印度尼西亚银行有权提供指导和监督,以确保银行业务的连续性,印度尼西亚银行还通过考虑投资者、资产质量、管理、流动性等方面来确定与银行健康有关的规定,例如,关于客户保护和向客户提供信贷,这是指导和监督的,影响银行的健康和顺利运作。因此,有必要以公正原则为基础,对银行清算中的法律客户保护规定进行重组。每家银行都有义务为公众在各自银行的存款提供担保。政府有必要将1998年第10号银行法,特别是在清算情况下对银行客户的保护,纳入银行管理的重点。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Reconstruction of Regulations in Legal Protection for Customers in the Event of Banking Liquidity Based on Justice

In this research article, we will attempt to present discussions related to the analysis of bank liquidity regulations based on applicable laws and regulations, analyze to understand the legal protection of depositors/customers when a bank liquidation occurs, and analyze the reconstruction of legal protection for customers in bank liquidation based on the principle of justice. The research method employed in this study is a sociological or non-doctrinal approach, where the primary focus is on collecting primary data. To obtain the necessary data for this research, the author utilized a juridical-empirical legal research method. In empirical research, the emphasis is on the application of law in the real field (law in concreto). The research was conducted by initially examining secondary data, followed by primary data research conducted in the field or within the community. The results of the research indicate that customer protection related to bank liquidation has been anticipated by the banks themselves through implicit and explicit protections, both of which have been explained and regulated in banking law. Bank Indonesia has the authority to provide guidance and supervision to ensure the continuity of bank operations, and Bank Indonesia also determines provisions related to the health of banks by considering aspects such as investors, asset quality, management, liquidity, for example, regarding customer protection and the provision of credit to customers, which is guided and supervised, affecting the health and smooth operation of banks. Therefore, there is a need for a restructuring of legal customer protection regulations in bank liquidation based on the principle of justice. Every bank is obligated to guarantee the funds of the public deposited with the respective bank. The government needs to organize Law Number 10 of 1998 concerning Banking, particularly the protection of bank customers in the case of liquidation, to be emphasized in banking management.

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