Law No. 10/1998 on Amendments to Law no. 7/1992 on Banking, in Article 40 paragraph (1) and (2), assessed by Petitioner Magda Safrina, potentially harming him in knowing exactly the treasure stored in the bank associated with the property between husband and wife.

"Article 40 of the Banking Law is potentially harms me. Because, I do not know the exact value of community property that should be shared (between husband and wife), "said the petition in the trial testing improved the Banking Law in the Constitutional Court on Friday (27/7) morning.

In his claim or petition, Magna asked for that section tested in the Banking Act violated Article 28G Paragraph (1), and Article 28H paragraph (4) of the 1945 Constitution, all the phrase, "Except in the case referred to in Article 41, Section 41A, Article 42, Article 43, Article 44 and Article 44A. "

In Article 40 paragraph (1) the Act states, "Banks are required to keep information about the Depositor and the mistress, except in the case referred to in Article 41, Article 41A, Section 42, Article 43, Article 44 and Article 44A. And paragraph (2) states, "The provisions referred to in paragraph (1) shall also apply to Affiliated Parties."

As a wife who is undergoing a divorce suit in the Supreme Sharia Banda Aceh, the Petitioner in his petition that the article itself impede access to information about the treasure property, especially regarding the inspection along with savings deposits held by the applicant's husband.

On the other hand, Banda Aceh Sharia Court as an institution that facilitates the process of a divorce trial asks for clarification from the bank in connection with information regarding the treasure property. But what happened instead, the bank does not allow for the existence of Article 40 paragraph (1) and paragraph (2). "The bank argued that the secrecy of deposits and assets deposited in banks shall be kept by the bank," said the Applicant.

According to Magda, she was entitled to the property acquired during marriage is saved in the bank. "Article 40 paragraph (1) and paragraph (2) violates the constitutional rights, and potentially harm me, and lose my rights acquired during the marriage," he explained.

Banking Act a quo article, said applicant, provide space toward certain parties to the criminal act of fraud treasure. "The article is a form of omission of the criminal acts of fraud against the community property is widespread in society," explained the Applicant in the repair request. (Shohibul Umam / mh/Yazid.tr)