The Existence Of The Alternative Dispute Resolution Institution In Banking Sector (LAPSPI) As Bank Customers Access To Justice.
PLENARY SESSION
Alte ati e Dispute ‘esolutio
Mechanis s a d A ess to Justi e
Presenters:
Dominikus Rato
Nia Kurniati
Rina Yulianti, Mufarrijul Ikhwan, Dhiana
Puspitawati
Etty Mulyati
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
etmul21@gmail.com
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
The main function of banks is as collector and distributor of public funds.banking
institutions hold a highly strategic function in the Indonesian economy. Intermediation is
based on the main business activities of collecting and distributing public funds, since Bank
as a financial intermediary institution act as an intermediator between those who have
excessive amount of money to those who need funds. To maximize its functions, bank
requires trust from the customers and society as the public confidenceand trust in the
national banking system is one of the keys to maintain a firmly stable banking industry.
Alte ati e Dispute ‘esolutio
Mechanis s a d A ess to Justi e
Presenters:
Dominikus Rato
Nia Kurniati
Rina Yulianti, Mufarrijul Ikhwan, Dhiana
Puspitawati
Etty Mulyati
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
etmul21@gmail.com
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
The main function of banks is as collector and distributor of public funds.banking
institutions hold a highly strategic function in the Indonesian economy. Intermediation is
based on the main business activities of collecting and distributing public funds, since Bank
as a financial intermediary institution act as an intermediator between those who have
excessive amount of money to those who need funds. To maximize its functions, bank
requires trust from the customers and society as the public confidenceand trust in the
national banking system is one of the keys to maintain a firmly stable banking industry.