Terobosan Hukum terhadap Rahasia Bank pada Perbankan untuk Kepentingan Pencegahan dan Pemberantasan Tindak Pidana Pencucian Uang

Abstract

In the banking world, the term bank secrecy is often an interesting topic for debate among academics, practiti owners and politicians. This due to the curiosity of the public whether the bank is healthy or not, problematic or not, but on the other hand the bank is unlikely to wanti to provide information to the public because it callides with bank secrecy as regulated in the article 1 (paragraph) 28 of Law Number 10 of 1998 concerning the prevention and cradication of money laundering, which reads bank secrecy is everything related to information regarding depositors and their deposits. And article 40 (paragraph) 1 Law Number of 1998 concerning banking. However bank secrecy can be breached or brached for law enforcement puposes as regulated in article 41, article 41A, article 42, article 43, article 44 of law number 10 of 1998 concerning banking. In addition, legal breakhtrougs against bank secrecy are also regulated in article 28, article 72 of law number 8 of 2010 concerning the crime of money laundering. This research is research that is carried out legally normative or juridicial normative which refers to the legal norms contained in the legislation and norms that exist in society. This research was conducted by examining library materials which is also known as library research.