KARAKTERISTIK MEDIASI PERBANKAN SEBAGAI ALTERNATIF PENYELESAIAN SENGKETA PERBANKAN INDONESIA (ANALISIS ASPEK KEADILAN, KEPASTIAN HUKUM, DAN KEMANFAATAN)
Abstract: There is diffculty
in determining the position of mediation institutions as preferred of dispute
resolution between the Bank and the Customers whenviewed from the side of
justice, legal certainty and the expediency that can beproduced for the
parties. On one side banking mediation has various advantages characteristic,
but on the other side there are still many obstacles that must beovercome so
that mediation can be applied effectively.Types of research used inthis paper
included the normative legal research which put the law as a normbuilding
system. This research uses secondary data where all of these data are analyzed
using the qualitative methods. The report of this study is presented in adescriptive
analysis. From the aspect of justice, banking mediation conducted byBank
Indonesia need to have serious attention because it is not able to be objective
that eventually will harm customers. Aspects of Legal Certainty, not maximal toset
the authority for impose administrative sanctions to banks that do not complywith
the contents of the mediation agreement and its become the main problem,and The
Expediency Aspect: not yet known the extent of the banking institutions in
community become barrier itself. So to address this dispute, independentmediation
banking institutions should be formed by banking associations and Bank
Indonesia needs to re-socialization the existence of banking mediation institutions
to the public by displaying all of its advantages characteristic.
Keywords: Banking Mediation,
Alternative Dispute Resolution, Aspect of Justice, Aspects of Legal Certainty,
Aspects of Expediency
Penulis: Nyoman Satyayudha
Dananjaya, Kadek Agus Sudiarawan
Kode Jurnal: jphukumdd160282
