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Young Registrar I Triyono Edy Budhiarto handed the verdict copy to Applicant’s Attorney Rinaldi at judicial review session on Act of Banking, on Thursday (18/6) at Plenary Room, the Constitutional Court Building. Photo PR/Ganie

 

 

Petition on Article 49 (2) letter b Act Number 10 Year 1998 of Act Amendment Number 7 Year 1992 of Banking (Undang-Undang Perbankan –UU Perbankan) which filed by a gold trader in Mayestik Market, South Jakarta Suhaemi Zakir was eventually granted in its entirely by the Constitutional Court (Mahkamah Konstitusi –MK), on Thursday (18/6), at Plenary Room, the Constitutional Court Building. As known, Zakir had lost his merchandise as much as 10 kilograms in Mayestik Market.

At the verdict announcement session led by Chief Justice Arief Hidayat, the Court declared banks should obey court verdict. The Court argued the provision which stated bank officers only obey to certain regulation which prevailing in banking sector was an ignorance to court verdict

“Further, the Court argued that a verdict is meaningless if it is not implemented and is a violation towards prevailing law and legislation in the Republic of Indonesia as a law state which in accordance with the 1945 Constitution and other relevant parties, both direct and indirect, should respect court verdict, as well as bank officer’s ignorance towards court verdict as sheltered under the phrase ‘for banks’. According to the Court, it contrary to Article 28D the 1945 Constitution,” said Constitutional Justice Aswanto who read Court’s opinion in Case Verdict Number 109/PUU-XII/2014.   

Therefore, DKI Bank should implement Central Jakarta District Court (Pengadilan Negeri Jakarta Pusat –PN Jakpus) order to conduct compensation payment for the loss of gold belonged to the Applicant by using an account owned by Jaya Market as responsible management of Mayestik Market. DKI Bank and other banks cannot make an excuse of not implement the verdict under the reason of Act of Banking.

Previously, the Applicant sued Mayestik Market management who had dismantled his shop at night. The dismantling caused 10 kilograms gold in his shop lost. Eventually, the Applicant won the petition. Mayestik Market management then ordered to pay compensation towards Applicant loss. Payment process was instructed to be paid by Jaya Market account in DKI Bank.

On March 7, 2014, Central Jakarta District Court was eventually conducted disbursement under court verdict dated March 3, 2014. However, the disbursement cannot be done because DKI Banks argued that they could conduct disbursement if Court’s bailiff brought a transfer warrant or bill of exchange from PD Jaya Market as account owner. DKI Bank assured the disbursement was inappropriate with banking law.

Therefore, the Applicant assessed Article 49 (2) Act of Banking had caused legal uncertainty and resulted Applicant’s constitutional loss as Execution Applicant in Central Jakarta District Court. (Yusti Nurul Agustin/Prasetyo Adi N) 

 

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