I. PreliminaryBank
as a business entity which collects funds from the public and operating
primarily from public funds and then channeled back to the community. In addition, the bank also provides financial services and other payments. Thus
there are two important roles played by the bank as an institution and
as a depository of public funds for public institutions and fund
provider or the corporate world.
Thus banks have an important function in the economy of the country. [1] Banking has the main function as intermediary, the collector of funds from the public and distribute it effectively and efficiently in the real sectors to drive economic development and stability of a country. In this case, banks raise funds from the community based on the principles of trust from the public. If people believe in the bank, then the public will feel safe to save money or funds in the bank. Thus, the bank's reputation risk or reputation risk is great. Banks should always maintain a level of confidence of the customers or the public to keep their funds in the bank, and the bank can transfer funds to propel the nation's economy.In banking, the customer is a consumer of banking services. Position client in relation to banking services, are at the two positions can be alternated according to which side they are. [2] In terms of fund mobilization, customers who keep their money in the bank either as depositors depositors, and purchasers of securities, then the currently serves as the customer's bank creditors. While on the distribution of funds, borrowers domiciled clients as borrowers and banks as creditors.Of all the positions, basically customer is a consumer of businesses that provide services in the banking sector.Banking institutions function as an intermediary for those who have excess funds consequences on the emergence of intensive interaction between banks as businesses with clients as consumers of banking services. In such intensive interaction between the bank and the customer, it may happen that when the friction can not be resolved immediately turned into a dispute between the customer and the bank.The emergence of friction is mainly caused by four things: [3]
Inadequate information about the characteristics of the product or service being offered the bank;
Understanding customers' activities and banking products and services that are lacking;
Inequality between the customer relationship with the bank, especially for customers borrowers;
The absence of adequate channels to facilitate the completion of friction that occurs between the customer and the bank.Protection of bank customers is a challenge that directly affects most people. Therefore it becomes a very big challenge for banks and Bank Indonesia to create clear standards in providing protection to customers.
II. Customer ProtectionCustomer is a consumer of banking services, consumer protection is a requirement for him should not be ignored.In banking, the customer is an element that plays an important role at all, dead his banking world rely on the trust of the public or customers. [4]Position client in relation to banking services, are the two sides that can be alternated according to which side is. Seen on the mobilization of funds, customers who keep their money in the bank either as savers, depositors and buyers of securities (bonds or commercial paper) then at that time as the debtor is domiciled customer and the creditor bank. In other banking services like bank guarantees in service, leasing save depostie box, money transfers, and other services, the customer has a different position. But of all the positions are essentially customer is a consumer of businesses that provide services in the banking sector [5].Focus on customer protection issues focused on the provisions of the legislation and the terms of the agreement governing the relationship between the bank and the customer can be realized from an agreement, whether the agreement in the form of deed under hand or in the form of authentic. In this context, the observations need to be good to keep some form of protection for consumers, but does not weaken the position of the bank's position, it is thus necessary given the frequency of the agreement executed between the bank and the customer has been standardized with a standard agreement [6].The other side was the focus of consumer protection in the banking sector, the services in the field of credit. Matters of concern for consumer protection, which is the process that must be followed, and script-script used in the provision krdit. No less important is also the current legally binding between banks and customers which are legally binding usually involves two kinds of form: the credit agreement and the supplemental agreement that contract follows an agreement in the form of a principal underwriting agreement [7].Banking institution is an organization that relies on public trust. Thus, in order to keep perpetuating public confidence in the banks, the government is trying to protect people from the actions of institutions, or oknumnya irresponsible and undermine public confidence.Bank Indonesia as the executor of the monetary authorities have a major role in the effort to protect and to ensure that customers do not experience a loss due to incorrect bank actions. Matters relating to the business such as customer protection in the form of reports and data that constitute material information.Bank Indonesia as the banking supervisory authorities concerned to improve the protection of customers' interests in relation to the bank.Various regulations in the banking sector on the protection of the bank's customers include the issuance of Bank Indonesia Regulation (PBI) No.. 7/6/PBI/2005 dated January 20, 2005 on "Transparency in Bank Product Information and Use of Customer Personal Data" and PBI. 7/7/PBI/2005 dated January 20, 2005 on "Customer Complaint Resolution" and PBI No.8/5/PBI/2006 dated January 30, 2006 on "Media Banking".This shows that the government, through Bank Indonesia began to notice the benefit of customers in the context of protection of bank customers who previously tended to neglect, either by Act No. 10 of 1998 concerning amendments to Law No. 7 of 1992 on Banking and non-optimal implementation of the Act Law No. 8 of 1999 on Consumer Protection which requires a balance of the interests of consumer protection and business so as to create a healthy economy, in this context, including the relationship between the banks as businesses with customers.
Given the importance of customer protection, Bank Indonesia establish safeguards customers as one of the pillars of the Indonesian Banking Architecture (API). API is a basic framework of the Indonesian banking system which consists of six pillars, is comprehensive and provides direction, shape and structure of the banking industry for a period of five to ten years.The policy direction for the development of the banking industry was based on the vision of achieving a healthy banking system, strong and efficient financial system in order to create stability in order to help promote national economic growth.Six pillars of the API are:
Sound banking structure
Effective regulatory system
System independent and effective oversight
Strong banking industry
Adequate supporting infrastructure
Consumer ProtectionEfforts to protect customers in the VI API pillar outlined in the four aspects that are related to each other and together will be able to increase the protection of the rights and empowerment of clients. Four aspects are [8]:1. Standard setting mechanism for customer complaints;2. Establish banking mediation;3. Preparation of transparency standard product information, and4. Improved education for clients.Preparation programs in bank customer complaints mechanism and establishment of independent mediation program intended to address the problems between the customer and the bank is now happening, while the standard-setting program information transparency of banking products intended as an initial means to prevent problems between the customer and the bank. Especially for consumer education program, its implementation was necessary extended to include those who are not customers of the bank and will be the first time so when dealing with potential customers the bank already has enough information on the activities and the products and services of the bank.Public education in banking is basically a gift to the community of information and understanding about the functions and activities of the banking business, as well as the products and services offered by the bank. Provision of Education is expected to facilitate the provision of adequate information to the public before they interact with the bank. Thus will avoid any gaps in information on the use of banking products and services that can cause problems between banks and customers in the future.
III. Mediation as an Alternative Dispute ResolutionThe mediation process is a continuation of the banking customer complaints if customers are not satisfied with the handling and settlement of a given bank. In the implementation of banking operations often clients' rights can not be done properly, causing friction between the depositor and the bank indicated by the emergence of customer complaints.If the customer complaint is not satisfactorily resolved by the bank, it has the potential to be a disagreement or dispute between customers and banks tend to drag on. This is partly indicated by a sufficient number of customer complaints in a variety of media. The emergence of the complaints were spread to the public through various media can reduce the bank's reputation in the eyes of the public and potentially reduce public confidence in the banking institutions.To reduce the negative publicity against the bank's operations and ensure the implementation of mechanisms for resolving customer complaints effectively in a reasonable time, then Bank Indonesia set minimum standards for customer complaints resolution mechanisms in Bank Indonesia Regulation Number: 7/7/PBI/2005 About the Customer Complaint Resolution must be implemented by all banks.
But the settlement of customer complaints by bank Bank Indonesia Regulation Number 7/7/PBI/2005 is not always able to satisfy the customer. Dissatisfaction is due to non-fulfillment of the demands of the bank's customers, either in whole or in part, thus potentially causing a dispute between the customer and the bank.In a practice known various forms of dispute resolution such as civil litigation, arbitration and / or mediation. However, the parties to the dispute are generally more likely to choose settlement through litigation in district court, either in a civil claim and the criminal. But there are many obstacles that are often encountered.Constraints include the length of the settlement, and the verdict handed down often reflects the absence of a unified legal work and a unified legal opinion the District Court, High Court and Supreme Court [9].Therefore, the set of the alternative dispute resolution outside the court. Among these are arbitration and mediation as provided for in the Act No.30 of 1999. Mediation in the court setting set in Perma # 2 in 2003. While the Banking Mediation set in PBI. 8/5/PBI/2006. At PBI No.8/5/PBI/2006 on Banking Mediation stated that until the end of 2007, the implementation of the functions of banking mediation will be conducted by Bank Indonesia.According to Bank Indonesia Regulation No.8/5/PBI/2006, it is the Banking Mediation is an alternative dispute resolution between the Customer and the Bank did not reach a settlement that involves a mediator to assist the parties in dispute to reach a settlement in the form of voluntary agreements to partially or all of the disputed issues.Matters set out in the Banking Mediation is:1. Customer or client representative may file the settlement of disputes through mediation to BI if customers are not satisfied with the resolution of customer complaints;2. Disputes can be submitted solution is civil disputes arising from financial transactions with the financial demands of Rp. 500,000,000.00 (five hundred million rupiahs). Customer may not submit financial demands caused by the demands of immaterial;3. Submission of dispute resolution does not exceed 60 (sixty days) working at the date of settlement of complaints result banks to customers;4. Implementation of the mediation process since the signing of the mediation agreement till the signing of the Deed Agreement executed by the parties within 30 days and can be extended up to 30 days following an agreement by the customer and the bank;5. Deed of agreement can load a whole, the agreement in part, or not reaching an agreement or disputed cases.In the settlement of disputes through mediation, the parties are usually able to reach an agreement among themselves, so that the benefits of mediation can be felt. Some of the advantages of mediation are as follows:1. Mediation can resolve disputes with quick, inexpensive compared to the costs of the proceedings in court or through arbitration. In the process of mediation is not required to file a lawsuit or appeal fee so they cost less2. Encourage the creation of a conducive environment for the disputing parties maintain their partnership was disrupted by the dispute between them.3. The mediation process is more informal and produce an impartial judgment.
IV. Independent Mediation Banking Institutions in IndonesiaIn accordance with Article 3, paragraph 1 of Regulation No. 8/5/PBI/2006, who formed independent mediation agency banking is the banking association. Banking associations to establish an independent banking mediation may consist of a combination of the banking association to maintain its independence. In addition to recruitment can also be done from the bankers.Bank Indonesia (BI) should require all banks to become members of the institute of banking mediation. In order to have binding legal force, BI needs to make PBI Bank obligations to members of the mediation. Then to maintain the quality of the institution's banking mediation, the BI can give accreditation to the Indonesian banking mediation agency. Mediating institutions have an obligation to report periodically on BI mediated disputes ever.Then from BI reports can evaluate the performance of banking institutions indpendent mediation and provide accreditation. For accreditation procedures, the Bank needs to form PBI about accreditation.In this mediation institution must have an independent mediator who can provide advice in accordance with their respective profession, for example, there is a conflict between the depositor and the bank on legal issues, then there must be a mediator who is an expert in the field of banking law.Then it must function like making decisions binding arbitration for both parties. Therefore, the result of the agreement of both parties then filed in state court in order to have binding legal force.In establishing mediation mediation segmentation should be held in order to create a parallel institution banking institutions banking mediation so that people can choose which institution they choose to resolve the dispute.Thus the establishment of banking mediation is expected to give a positive value for both customers and banks, such as the creation of certainty of settlement of disputes between the customer and the bank. Through the mediation of banks will also encourage the creation of a balance between the position of the customer relationship with the bank.But in establishing the Mediation Institute, there are some problems such as the problem of funding. Funds needed to establish an independent mediation agency banking is certainly very great. At first, the agency banking mediation requires operating funds. If the cost is charged to the bank as a member of the institute of banking mediation, certainly very difficult. Currently, banks in Indonesia is still under heavy internal consolidation and certification to meet capital bankers. This causes the concentration of bank capital priority for the bank itself. These problems are not thought what better banking mediation is run by the Bank only. During mediation before the formation of independent banking institutions, banking mediation run by BI. BI already have adequate infrastructure, adequate funding and resources in the form of mediator training and certification as a mediator and has a banking background.
V. CoverThe existence of the institution of banking mediation is a form of protection for consumers. This is one of the policy measures that will be implemented by Bank Indonesia (BI) as stipulated in the Indonesian Banking Architecture (API). The existence of these institutions is a breakthrough in other countries such as Indonesia to empower customers by providing protection to bank customers.The presence of banking mediation is essential. This is because the bank is an institution that relies on the trust of the public. Community banks rely on services based on a sense of trust. Therefore, the trust of the community must be maintained.The existence of an independent Mediation Institute will provide benefits for both customers and the bank.
Thus banks have an important function in the economy of the country. [1] Banking has the main function as intermediary, the collector of funds from the public and distribute it effectively and efficiently in the real sectors to drive economic development and stability of a country. In this case, banks raise funds from the community based on the principles of trust from the public. If people believe in the bank, then the public will feel safe to save money or funds in the bank. Thus, the bank's reputation risk or reputation risk is great. Banks should always maintain a level of confidence of the customers or the public to keep their funds in the bank, and the bank can transfer funds to propel the nation's economy.In banking, the customer is a consumer of banking services. Position client in relation to banking services, are at the two positions can be alternated according to which side they are. [2] In terms of fund mobilization, customers who keep their money in the bank either as depositors depositors, and purchasers of securities, then the currently serves as the customer's bank creditors. While on the distribution of funds, borrowers domiciled clients as borrowers and banks as creditors.Of all the positions, basically customer is a consumer of businesses that provide services in the banking sector.Banking institutions function as an intermediary for those who have excess funds consequences on the emergence of intensive interaction between banks as businesses with clients as consumers of banking services. In such intensive interaction between the bank and the customer, it may happen that when the friction can not be resolved immediately turned into a dispute between the customer and the bank.The emergence of friction is mainly caused by four things: [3]
Inadequate information about the characteristics of the product or service being offered the bank;
Understanding customers' activities and banking products and services that are lacking;
Inequality between the customer relationship with the bank, especially for customers borrowers;
The absence of adequate channels to facilitate the completion of friction that occurs between the customer and the bank.Protection of bank customers is a challenge that directly affects most people. Therefore it becomes a very big challenge for banks and Bank Indonesia to create clear standards in providing protection to customers.
II. Customer ProtectionCustomer is a consumer of banking services, consumer protection is a requirement for him should not be ignored.In banking, the customer is an element that plays an important role at all, dead his banking world rely on the trust of the public or customers. [4]Position client in relation to banking services, are the two sides that can be alternated according to which side is. Seen on the mobilization of funds, customers who keep their money in the bank either as savers, depositors and buyers of securities (bonds or commercial paper) then at that time as the debtor is domiciled customer and the creditor bank. In other banking services like bank guarantees in service, leasing save depostie box, money transfers, and other services, the customer has a different position. But of all the positions are essentially customer is a consumer of businesses that provide services in the banking sector [5].Focus on customer protection issues focused on the provisions of the legislation and the terms of the agreement governing the relationship between the bank and the customer can be realized from an agreement, whether the agreement in the form of deed under hand or in the form of authentic. In this context, the observations need to be good to keep some form of protection for consumers, but does not weaken the position of the bank's position, it is thus necessary given the frequency of the agreement executed between the bank and the customer has been standardized with a standard agreement [6].The other side was the focus of consumer protection in the banking sector, the services in the field of credit. Matters of concern for consumer protection, which is the process that must be followed, and script-script used in the provision krdit. No less important is also the current legally binding between banks and customers which are legally binding usually involves two kinds of form: the credit agreement and the supplemental agreement that contract follows an agreement in the form of a principal underwriting agreement [7].Banking institution is an organization that relies on public trust. Thus, in order to keep perpetuating public confidence in the banks, the government is trying to protect people from the actions of institutions, or oknumnya irresponsible and undermine public confidence.Bank Indonesia as the executor of the monetary authorities have a major role in the effort to protect and to ensure that customers do not experience a loss due to incorrect bank actions. Matters relating to the business such as customer protection in the form of reports and data that constitute material information.Bank Indonesia as the banking supervisory authorities concerned to improve the protection of customers' interests in relation to the bank.Various regulations in the banking sector on the protection of the bank's customers include the issuance of Bank Indonesia Regulation (PBI) No.. 7/6/PBI/2005 dated January 20, 2005 on "Transparency in Bank Product Information and Use of Customer Personal Data" and PBI. 7/7/PBI/2005 dated January 20, 2005 on "Customer Complaint Resolution" and PBI No.8/5/PBI/2006 dated January 30, 2006 on "Media Banking".This shows that the government, through Bank Indonesia began to notice the benefit of customers in the context of protection of bank customers who previously tended to neglect, either by Act No. 10 of 1998 concerning amendments to Law No. 7 of 1992 on Banking and non-optimal implementation of the Act Law No. 8 of 1999 on Consumer Protection which requires a balance of the interests of consumer protection and business so as to create a healthy economy, in this context, including the relationship between the banks as businesses with customers.
Given the importance of customer protection, Bank Indonesia establish safeguards customers as one of the pillars of the Indonesian Banking Architecture (API). API is a basic framework of the Indonesian banking system which consists of six pillars, is comprehensive and provides direction, shape and structure of the banking industry for a period of five to ten years.The policy direction for the development of the banking industry was based on the vision of achieving a healthy banking system, strong and efficient financial system in order to create stability in order to help promote national economic growth.Six pillars of the API are:
Sound banking structure
Effective regulatory system
System independent and effective oversight
Strong banking industry
Adequate supporting infrastructure
Consumer ProtectionEfforts to protect customers in the VI API pillar outlined in the four aspects that are related to each other and together will be able to increase the protection of the rights and empowerment of clients. Four aspects are [8]:1. Standard setting mechanism for customer complaints;2. Establish banking mediation;3. Preparation of transparency standard product information, and4. Improved education for clients.Preparation programs in bank customer complaints mechanism and establishment of independent mediation program intended to address the problems between the customer and the bank is now happening, while the standard-setting program information transparency of banking products intended as an initial means to prevent problems between the customer and the bank. Especially for consumer education program, its implementation was necessary extended to include those who are not customers of the bank and will be the first time so when dealing with potential customers the bank already has enough information on the activities and the products and services of the bank.Public education in banking is basically a gift to the community of information and understanding about the functions and activities of the banking business, as well as the products and services offered by the bank. Provision of Education is expected to facilitate the provision of adequate information to the public before they interact with the bank. Thus will avoid any gaps in information on the use of banking products and services that can cause problems between banks and customers in the future.
III. Mediation as an Alternative Dispute ResolutionThe mediation process is a continuation of the banking customer complaints if customers are not satisfied with the handling and settlement of a given bank. In the implementation of banking operations often clients' rights can not be done properly, causing friction between the depositor and the bank indicated by the emergence of customer complaints.If the customer complaint is not satisfactorily resolved by the bank, it has the potential to be a disagreement or dispute between customers and banks tend to drag on. This is partly indicated by a sufficient number of customer complaints in a variety of media. The emergence of the complaints were spread to the public through various media can reduce the bank's reputation in the eyes of the public and potentially reduce public confidence in the banking institutions.To reduce the negative publicity against the bank's operations and ensure the implementation of mechanisms for resolving customer complaints effectively in a reasonable time, then Bank Indonesia set minimum standards for customer complaints resolution mechanisms in Bank Indonesia Regulation Number: 7/7/PBI/2005 About the Customer Complaint Resolution must be implemented by all banks.
But the settlement of customer complaints by bank Bank Indonesia Regulation Number 7/7/PBI/2005 is not always able to satisfy the customer. Dissatisfaction is due to non-fulfillment of the demands of the bank's customers, either in whole or in part, thus potentially causing a dispute between the customer and the bank.In a practice known various forms of dispute resolution such as civil litigation, arbitration and / or mediation. However, the parties to the dispute are generally more likely to choose settlement through litigation in district court, either in a civil claim and the criminal. But there are many obstacles that are often encountered.Constraints include the length of the settlement, and the verdict handed down often reflects the absence of a unified legal work and a unified legal opinion the District Court, High Court and Supreme Court [9].Therefore, the set of the alternative dispute resolution outside the court. Among these are arbitration and mediation as provided for in the Act No.30 of 1999. Mediation in the court setting set in Perma # 2 in 2003. While the Banking Mediation set in PBI. 8/5/PBI/2006. At PBI No.8/5/PBI/2006 on Banking Mediation stated that until the end of 2007, the implementation of the functions of banking mediation will be conducted by Bank Indonesia.According to Bank Indonesia Regulation No.8/5/PBI/2006, it is the Banking Mediation is an alternative dispute resolution between the Customer and the Bank did not reach a settlement that involves a mediator to assist the parties in dispute to reach a settlement in the form of voluntary agreements to partially or all of the disputed issues.Matters set out in the Banking Mediation is:1. Customer or client representative may file the settlement of disputes through mediation to BI if customers are not satisfied with the resolution of customer complaints;2. Disputes can be submitted solution is civil disputes arising from financial transactions with the financial demands of Rp. 500,000,000.00 (five hundred million rupiahs). Customer may not submit financial demands caused by the demands of immaterial;3. Submission of dispute resolution does not exceed 60 (sixty days) working at the date of settlement of complaints result banks to customers;4. Implementation of the mediation process since the signing of the mediation agreement till the signing of the Deed Agreement executed by the parties within 30 days and can be extended up to 30 days following an agreement by the customer and the bank;5. Deed of agreement can load a whole, the agreement in part, or not reaching an agreement or disputed cases.In the settlement of disputes through mediation, the parties are usually able to reach an agreement among themselves, so that the benefits of mediation can be felt. Some of the advantages of mediation are as follows:1. Mediation can resolve disputes with quick, inexpensive compared to the costs of the proceedings in court or through arbitration. In the process of mediation is not required to file a lawsuit or appeal fee so they cost less2. Encourage the creation of a conducive environment for the disputing parties maintain their partnership was disrupted by the dispute between them.3. The mediation process is more informal and produce an impartial judgment.
IV. Independent Mediation Banking Institutions in IndonesiaIn accordance with Article 3, paragraph 1 of Regulation No. 8/5/PBI/2006, who formed independent mediation agency banking is the banking association. Banking associations to establish an independent banking mediation may consist of a combination of the banking association to maintain its independence. In addition to recruitment can also be done from the bankers.Bank Indonesia (BI) should require all banks to become members of the institute of banking mediation. In order to have binding legal force, BI needs to make PBI Bank obligations to members of the mediation. Then to maintain the quality of the institution's banking mediation, the BI can give accreditation to the Indonesian banking mediation agency. Mediating institutions have an obligation to report periodically on BI mediated disputes ever.Then from BI reports can evaluate the performance of banking institutions indpendent mediation and provide accreditation. For accreditation procedures, the Bank needs to form PBI about accreditation.In this mediation institution must have an independent mediator who can provide advice in accordance with their respective profession, for example, there is a conflict between the depositor and the bank on legal issues, then there must be a mediator who is an expert in the field of banking law.Then it must function like making decisions binding arbitration for both parties. Therefore, the result of the agreement of both parties then filed in state court in order to have binding legal force.In establishing mediation mediation segmentation should be held in order to create a parallel institution banking institutions banking mediation so that people can choose which institution they choose to resolve the dispute.Thus the establishment of banking mediation is expected to give a positive value for both customers and banks, such as the creation of certainty of settlement of disputes between the customer and the bank. Through the mediation of banks will also encourage the creation of a balance between the position of the customer relationship with the bank.But in establishing the Mediation Institute, there are some problems such as the problem of funding. Funds needed to establish an independent mediation agency banking is certainly very great. At first, the agency banking mediation requires operating funds. If the cost is charged to the bank as a member of the institute of banking mediation, certainly very difficult. Currently, banks in Indonesia is still under heavy internal consolidation and certification to meet capital bankers. This causes the concentration of bank capital priority for the bank itself. These problems are not thought what better banking mediation is run by the Bank only. During mediation before the formation of independent banking institutions, banking mediation run by BI. BI already have adequate infrastructure, adequate funding and resources in the form of mediator training and certification as a mediator and has a banking background.
V. CoverThe existence of the institution of banking mediation is a form of protection for consumers. This is one of the policy measures that will be implemented by Bank Indonesia (BI) as stipulated in the Indonesian Banking Architecture (API). The existence of these institutions is a breakthrough in other countries such as Indonesia to empower customers by providing protection to bank customers.The presence of banking mediation is essential. This is because the bank is an institution that relies on the trust of the public. Community banks rely on services based on a sense of trust. Therefore, the trust of the community must be maintained.The existence of an independent Mediation Institute will provide benefits for both customers and the bank.
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