Tinjauan Yuridis dan Upaya Hukum Terhadap Transfer Dana Sepihak oleh Bank atas Dasar Perintah Pengadilan sebagai Pelaksana Putusan
Yandi Achmad Nugraha, Irna Nurhayati, SH., M.Hum, LL.M, Ph.D
2023 | Tesis | S2 ILMU HUKUM JAKARTA
This study aims to determine the extent to which the current regulations in Indonesia related to banking can accommodate the implementation of unilateral fund transfers by banks and to find out the legal remedies taken by customers for the implementation of unilateral fund transfers by banks.
This research uses a normative juridical approach method, namely library data or secondary data as basic material to be researched by conducting a search for laws and regulations and literature related to the general and special functions of banks, types of banking, overview of banking principles, transfer of funds by banks, which are then analyzed descriptively so as to answer the problems studied.
The research results show: First, the unilateral transfer of funds by banks on court orders until now there is no regulation that expressly regulates. The current regulations only explain regarding the transfer of funds in general, the transfer of funds is not continued, the return of funds based on the determination or court decision, and errors in the implementation of the transfer. Second, the efforts taken by the customer as the account owner for the implementation of unilateral fund transfers by the bank on court orders are by submitting a complaint letter to the bank, a lawsuit against the execution in court and criminal reporting related to alleged corruption crimes.
Kata Kunci : Transfer Dana, Nasabah, Bank, Putusan Pengadilan