Analisis Yuridis Pelindungan Hukum terhadap Nasabah Atas Kehilangan Saldo Tabungan Nasabah (Studi Putusan Nomor 149/PDT.G/2021/PN/Dps)

Abstract

Banking plays a crucial role in the economy as an institution that manages public funds. Customers' trust in the banking system heavily depends on security and transparency in fund management, including the protection of savings balances. However, in practice, cases of lost savings balances frequently occur, leading to legal disputes between customers and banks. This study aims to analyze legal protection for customers against loss of customer savings balance, with a case study of the Denpasar District Court Decision Number 149/Pdt.G/2021/PN.DPS. The research method used is normative juridical with a statutory approach. The primary data source is secondary data obtained through literature studies, which are analyzed qualitatively using a case approach based on the relevant court decision. The results of the study indicate that in this case, the bank was found to have committed an unlawful act due to its negligence in handling customer complaints and failing to provide adequate protection against suspicious transactions. The plaintiff in this case experienced a sudden loss of funds after his ATM card was retained in the machine, without any conscious transaction being made. Furthermore, the bank did not immediately block the plaintiff’s account after he reported his lost card, allowing unauthorized transactions to continue. In its considerations, the court ruled that banks are responsible for ensuring the security of customer transactions based on the prudential banking principle, as regulated under Law Number 10 of 1998 on Banking and Article 1365 of the Indonesian Civil Code, which governs unlawful acts. The court decision stated that the bank was negligent in fulfilling its obligation to protect customer funds. It imposed a penalty requiring the bank to pay material compensation amounting to IDR 76,082,526 to the plaintiff. However, the claim for immaterial compensation of IDR 500,000,000 was rejected due to the absence of concrete evidence demonstrating psychological harm suffered by the plaintiff due to the loss of his savings balance.