Today’s Legal Enlightenment (Wednesday, 31 August 2022) – EXCEPTION TO BANKING SECRECY AFTER THE CONSTITUTIONAL COURT’S DECISION
The Constitutional Court, in Decision No. 64/PUU-X/2012, opines that to protect the rights of a husband and/or wife on joint assets deposited in the bank by the husband and/or wife, the Supreme Court needs to provide fair legal certainty and protection. Article 40, paragraph 1 of the Banking Law must be interpreted as “Banks are required to keep information about their depositing customers and their deposits confidential, except in the case as referred to in Article 44, Article 41A, Article 42, Article 43, Article 44 and Article 44A as well as for the interest of the court regarding joint assets in divorce cases.”
Dr. Erna Ratnaningsih, SH LLM, in the article entitled “Exception for Bank Secrecy in Distribution of Joint Assets Lawsuits,” states:
The Constitutional Court’s decision, which added the phrase “and for the judicial proceeding regarding joint assets in divorce cases,” provides a legal basis for the husband or wife to request the bank to disclose information about its customer’s account for the interest of evidence in court. However, this exception to bank secrecy is only limited to the evidentiary process in court. If the husband or wife submits an application to the bank to find out the number of funds in the husband’s or wife’s account to settle their joint assets through an out-of-court settlement, the bank can refuse.
Kind Regards,
Fredrik J. Pinakunary