Perlindungan Hak Nasabah melalui Mediasi dalam Penyelesaian Sengketa Perbankan di Indonesia

Abstract

Mediation is an important alternative dispute resolution mechanism in protecting customer rights in the Indonesian banking sector. With its efficient, flexible and cost-effective nature, mediation offers a fair solution to disputes between banks and customers, especially in situations where litigation is often slow and expensive. Regulations such as Law No. 21/2011 on the Financial Services Authority and related POJKs have provided a legal foundation for the implementation of mediation through institutions such as LAPS SJK. However, the implementation of mediation faces challenges in the form of low customer awareness, uneven professionalism of mediators, and less than optimal supervision. This research uses a normative approach to analyse the regulation and practice of mediation in the protection of customer rights. The results show that mediation has great potential to improve access to justice for customers, but requires strengthening in the aspects of regulation, socialisation, and mediator training. With coordinated efforts, mediation can be a reliable instrument to effectively resolve banking disputes and maintain public confidence in the banking system in Indonesia.