LEGAL PROTECTION OF CREDIT CARD CUSTOMERS AGAINST DEBT COLLECTOR IN THE PERSPECTIVE OF LAW ASPECT OF BANK INDONESIA ROLE

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LEGAL PROTECTION OF CREDIT CARD CUSTOMERS AGAINST DEBT COLLECTOR IN THE PERSPECTIVE OF LAW ASPECT OF BANK INDONESIA ROLE

LEGAL PROTECTION OF CREDIT CARD CUSTOMERS AGAINST DEBT COLLECTOR IN THE PERSPECTIVE OF LAW ASPECT OF BANK INDONESIA ROLE

Padriadi Wiharjokusumo
Email: knb.ministry76@gmail.com
Tourism and Hotel Academy of Darma Agung

 

ABSTRACT

One of the most complaints frequently exposed in mass media was about the credit collection dispute  regarding the use of credit card. Credit cardholders were often in the weak position compared with the bank as the issuing institution. Therefore, the role of Bank Indonesia (BI) as the authorized institution in payment system was required to supervise the rapid growth of credit card business in Indonesia.

Due to the credit card collection practices were not carried out properly by banks. Bank Indonesia (BI)  should increasethe protection of the cardholdersby providinglegalprotectionagainstdebt collectors.

The result of this research indicated that Bank Indonesia in resolving the credit collection dispute, regarding the use of credit card among the cardholders and issuing banks applied the non-ligation approach via Banking Mediation which was stipulated in Bank Indonesia Regulation No. 10/10/PBI/2008 Concerning the Resolving Customer Complaint. Besides, according to Bank Indonesia Regulation No. 14/2/PBI/2012 and Bank Indonesia Circular Letter No. 14/ 17 /DASP dated June 7 2012.  Bank could employ a debt collector agency or billing service providers as long as they obey the existing law, stipulated by the government and card association.

The purpose of this research was to find out the latest Bank Indonesia Regulation and the Bank Indonesia Circular Letter of credit card issuance regulation as well as the legal basis for the bank to employ the debt collectors. Research was conducted by studying the current publications, gathering and researching empirical data and examination of case studies.

 

Keywords : Bank Indonesia, credit card holder, debt collector.

 

REFERENCES

BOOKS:

Faisol Muhammad, Saptono Hendro, Budiharto, Aspek Tinjauan Hukum Peranan Bank Indonesia Dalam Memberikan Perlindungan Hukum Nasabah Kartu Kredit Terhadap Debt Collector (DIPONEGORO LAW REVIEW, Volume 1, Nomor 4, Tahun 2012).

 

Flory Santosa, Pedoman Praktis Menghindari Perangkap Utang Kartu Kredit, Forum Sahabat, 2009)

 

Soerjono Soekanto dan Sri Mahmuji Rahayu, Penelitian hukum Normatif Suatu Tinjauan Singkat, (Jakarta: PT Raja Grafindo Persada, 2004)

 

Puji Atmoko, Ekonomi Global 2012: Mewaspadai Bubble Kartu Kredit Dalam Bingkai Pengawasan Makroprudensial, Gerai Info, Edisi 23 Februari 2012 Tahun 3 Newsletter Bank Indonesia, (Jakarta, Humas Bank Indonesia).

 

Marcus Smith and Patricia Robertson, Chapter 4, Law of Bank Payments, Editor Michael Brindle and Raymond Cox, 3rd Edition, 2004.

 

Mark Budnitz and Margot Saunders, Consumer banking and payments law: credit, debit & stored value cards, checks, money orders, e-sign,electronic banking and benefit payments, 2nd Edition, National Consumer Law Center, 2002.

 

Payment Systems in Singapore 2001, Bank for International Settlement.

 

REGULATION AND LEGISLATION:

Book of Indonesian Civil Code

Book of Indonesian Commercial Code

Law No. 3 of 2004 Concerning Bank Indonesia

Law No. 8 Concerning Consumer Protection

 

Bank Indonesia Regulation No. 14/2/PBI/2012 dated January 6, 2012 amends Bank Indonesia Regulation No. 11/11/PBI/2009 regarding card based payment instruments. This Regulation regulates, among others, (i) the maximum interest rate for credit cards which will be determined by Bank Indonesia, (ii) the requirements for granting the credit card facility, (iii) the prudence principles and consumer protection related to fees, imposed sanctions and information provided to costumers, and (iv) outsourcing.

 

Bank Indonesia Circular Letter No. 14/4/DPNP dated January 25, 2012 regarding commercial banks. This Circular Letter sets forth, among others, several provisions on risk management and the review of the opening plan, change of status, change of address and closure of bank offices in the bank’s business plan.

 

Bank Indonesia Circular Letter No. 14/5/DSM dated January 27, 2012 provides the second amendment to Bank Indonesia Circular Letter No. 11/2/DSM dated January 22, 2009 regarding commercial banks monthly reports. This Circular Letter changes the guidelines for preparing the monthly report.

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