LEGAL PROTECTION FOR BANKS IN CASH PROCESSING AGREEMENTS WITH CASH PROCESSING SERVICES COMPANIES Anak Agung Suci Permatasari, Prof. Dr. I Wayan Wesna Astara, SH, M.H, M.Hum, Dr. Ni Komang Arini Styawati,S.H.,M.Hum
Warmadewa University
Abstract
This article research is a normative legal research that conducts an in-depth analysis of (1) arrangements for implementing cash processing agreements, and (2) legal protection for banks in cash processing agreements with Rupiah Money Processing Service Provider Companies (PJPUR). The focus of this study was carried out because of the blurring of norms in Bank Indonesia Regulations governing Rupiah Currency Processing Service Providers Number 18/15/PBI/2016 which are contained in several phrases, namely ^periodic^ in Article 12 paragraph (1), then the phrase ^sufficient^ in Article 17, and finally the phrase ^supervisory authority^ in Article 23 paragraph (2). The problem approach used is the statutory approach, the concept approach, and the case approach. The results of the research show that (1) Even though there are some vague norms in Bank Indonesia regulations as a basis for the implementation of this cash processing agreement, the implementation arrangements must be in accordance with what is agreed in the written agreement between the bank and the PJPUR company. (2) Legal protection for Banks in cash processing activities with PJPUR company, can be in the form of preventive protection, namely sanctions have been regulated for PJPUR company who violate the provisions in accordance with Article 18 to Article 22 of Bank Indonesia Regulation Number 18/15/PBI/2016 Concerning Money Processing Service Providers Rupiah. Preventive legal protection can also be in the form of strengthening the substance of the Agreement, namely by including a clear insurance clause as a security guarantee or the Bank. Repressive legal protection can be found in clauses in agreements that contain dispute resolution in the future, which can be through litigation or non-litigation.
Keywords: Legal Protection, Cash Processing, Bank, PJPUR.
Topic: Law on Business, Business Competition, and Prohibition of Monopoly
