IMPLEMENTASI KETERBUKAAN RAHASIA BANK DALAM KONSTRUKSI HUKUM DI INDONESIA

Abstract

Banking institutions have been used as the main means to commit fraudulent banking laws. The lack of regulations in banking and strict bank secrecy in a country can make it possible for perpetrators of banking fraud to freely take advantage of banking facilities for their violations. The rigid and closed nature of the principle of bank secrecy is one of the factors that can lead to the widespread use of banks in banking fraud. The problem in this study is how to implement bank secrecy in legal construction and the obstacles faced in implementing it. The research method uses a descriptive type of research with an empirical legal approach or sociological juridical. This type of research is a type of research that examines library materials (secondary data) or library law research. The data sources for this research are primary legal materials and secondary legal materials, as well as legal materials. This research uses Library Research, qualitative descriptive data analysis method. The research problems were analyzed using the theory of justice and the theory of expediency. The results of the study conclude that during the disclosure of bank secrecy it is necessary to be applied by law enforcers who carry out investigations, prosecutions, and