Tinjauan Yuridis Perbuatan Melawan Hukum Perbankan yang Tidak Menyerahkan Uang Tabungan Nasabah yang Telah Meninggal Dunia Kepada Ahli Waris Nasabah (Studi Putusan PN Medan Nomor 41/PDT.G/2020/PN MDN)

Abstract

The death of a bank customer raises consequences regarding the management and continuation of the rights and obligations of the customer, more specifically if the customer is a foreigner who is married to an Indonesian citizen. This research is focused on legal issues relating to bank responsibilities regarding the application of the precautionary principle in disbursing funds from foreign customers who marry Indonesian citizens who have died to heirs, legal protection for heirs for customer assets in the form of money stored in banks in Indonesia and proof of elements of unlawful acts committed by banks for not handing over money from customers who died to their heirs in Medan District Court Decision Number 41/Pdt.G/2020/PN Mdn. This thesis research uses a normative juridical legal research method that is descriptive in nature. The research data consisted of secondary data consisting of primary, secondary and tertiary legal materials collected using library research techniques. The data was then analyzed using a qualitative descriptive data analysis method. The results of the study found that the form of bank responsibility in applying the precautionary principle in disbursing funds of deceased customers, and if negligence is found the bank can be entangled in civil sanctions in accordance with the provisions of Article 1367 of the Civil Code, but does not rule out the possibility that banks can be subject to criminal sanctions as stipulated in Law Number 10 of 1998 in Article 44A Paragraph (2), which can be threatened with imprisonment of at least 2 (two) years and a maximum of 7 (seven) years and a fine of at least Rp.4,000,000,000.00 (four billion rupiah) if needed (ultimum remedium). Legal protection for heirs of customer assets who are foreigners is based on the principle of Private International Law, namely lex domicili, which based on this principle, must be subject to the provisions of marriage and inheritance law in force in Indonesia. The panel of judges was right in giving consideration and handing down related decisions. The action of the defendant (bank) can be qualified as unlawful, because refusing to release the deposit funds of deceased customers (foreign nationals) to their heirs on the grounds that they need to show a death certificate from the British government is a mistake. So according to researchers, the plaintiffs deserve and are very entitled to obtain justice by obtaining their rights as heirs of customers.