Tinjauan Hukum Tentang Kerahasiaan Bank Terkait Data Nasabah Tindak Pidana Pencucian Uang di Indonesia

Abstract

This study aims to analyze and review the basic consideration Bank secrecy to the practice of Money Laundering Crime in Indonesia. This research uses the type of juridical normative research/legal research. The method of research that be used in study are using statue, conceptual and case approach.The basis for consideration of the application of bank secrecy can be seen on the grounds of law enforcement, if it meets the requirements stipulated by the Indonesian Financial Transaction Reports and Analysis Center/INTRAC with the permission of the Chairman of Bank Indonesia. The legal consequences of the bank's secrecy are in the form of penalty and administrative fine. Penal sanctions in the form of imprisonment and penalties are imposed on anyone who forces the bank or affiliated party to provide information. Such sanctions shall also apply to members of the Board of Commissioners, directors, bank employees or affiliated parties deliberately providing confidential information.