Abstract

Banking as a financial institution with absolute existence has an interest in the level of public trust, both those who have and who will save their funds. Generating research problems (1) implications of banking secrecy to create protection for customer data; and (2) the urgency of implementing banking secrecy for the interests of the state and private interests. This study aims to avoid misuse of customer data, so a special regulation is needed to prohibit banks from disclosing secrets. The research method used is juridical normative legal research qualitative descriptive legislation and conceptual. The result of the research shows the secret application of legal protection tires in a preventive and repressive manner; and The urgency of implementing banking confidentiality between the state’s interests and the private interests of the bank. Article 1338 of the Civil Code stipulates a binding agreement for the parties who make, such as lawyers or law enforcement parties for customer personal data information, however, bank secrecy in Indonesia is uniform in conventional banking and Islamic banking. With the existence of bank secrecy provisions, it is unhealthy. So it is necessary to have rules in the banking constitution regarding banking secrecy in the concept of human rights.
Keywords: Constitutional Urgency, Confidentiality, Banking, Interests