MEDIASI SEBAGAI ALTERNATIF PENYELESAIAN SENGKETA ANTARA BANK DAN NASABAH

Abstract

In banking activities customers’ right are often not implemented properly, causing conflicts betweencustomers and banks. This is indicated by the emergence of customer complaints and if this cannot be resolvedproperly, it has the potential to become a dispute which in turn can harm the customer and affect the reputationof the bank and reduce public trust in the bank. Settlement efforts between the bank and the customer can bemade through negotiation,, conciliation and mediation as stipulated in law number 10 of 1999 on arbitrationand Alternative Dispute Resolution.Dispute resolution through arbitration or court channels is not easy for small customers , consideringthat is requires a lot of time and money. Therefore, Bank Indonesia issued regulation number 8/5/pbi /206concerning Banking Mediation for the settlement of disputes between banks and customers.The purpose of this research is 1. to find out how to resolve disputes between banks and customers according tobanking la, 2, to determine the application of mediation as an alternative settlement between the bank and thecustomer.In order to obtain the data, literature research was carried out and the approach used was juridicalnormative namely the approach taken to the applicable legal rules in the form of legislation.The results showed that the mediation between the bank and the customer was the best because theprocess was fast, simple and low cost.Key word : mediation, banking and customer