Legal Analysis of the Application of the Prudential Principle in the Safe Deposit Box Agreement between the Bank and the Customer

Mariska Fitriliya — 2026-07-24

The banking industry plays a strategic role in Indonesia's economy, and banks are legally obligated to apply the prudential principle in all their business activities, including Safe Deposit Box (SDB) services. However, a legal gap exists between this obligation and the practice of using unilateral exemption clauses in standard SDB agreements, which potentially harms customers and creates legal uncertainty . The research problem focuses on the research of legal provisions governing SDB as well as the implementation of the principle of prudence in the relevant agreements. The purpose of this research is to analyze the regulations and the strengthening of the application of the principle of prudence in order to ensure legal certainty for customers. The method employed was normative juridical, based on the theory of Soerjono Soekanto and Sri Mamudji, primarily using secondary data supported by limited empirical data obtained through interviews. The research findings indicate that the use of standard SDB agreement clauses by banks clearly violates Article 18 Paragraph (1) letter a of the Consumer Protection Law, Rendering such clauses null and void by operation of law. In practice, weaknesses persist in the application of this principle, particulary concerning the use of clauses that exempt banks from liability to customers. Although banks implement layered security Standard Operating Procedures (SOP) base on the principle of prudence, they may still be held legally accountable if proven negligent in maintaining the SDB security system.

The Effectiveness of Legal Aid Offices in Ensuring the Rights of Defendants in Court

Maria Waas — 2026-07-24

The implementation of the Legal Aid Post (Pos Bantuan Hukum or Posbakum) at the Ambon District Court represents the fulfillment of every citizen's constitutional right to legal assistance a right grounded in the principles of the rule of law, equality before the law, and access to justice. This research aims to analyze the effectiveness of the Legal Aid Post in fulfilling defendants' rights to legal assistance and to examine the factors influencing its implementation. This is an empirical legal study employing statutory, conceptual, and sociological approaches. Data were gathered through both library and field research and analyzed using a descriptive-qualitative method. The findings indicate that the Legal Aid Post at the Ambon District Court has played a role in providing legal consultation, drafting legal documents, and facilitating legal representation for indigent defendants. However, its implementation has not been optimal due to resource limitations, low public legal awareness, and administrative obstacles in the provision of legal aid. Therefore, it is necessary to strengthen the Legal Aid Post institutionally, improve service quality, and foster synergy among the court, legal aid organizations, and law enforcement agencies to ensure that defendants' rights to legal assistance are fulfilled effectively, fairly, and with legal certainty.

Interdisciplinary Journal of Advanced Research and Innovation

Legal Analysis of the Application of the Prudential Principle in the Safe Deposit Box Agreement between the Bank and the Customer

The Effectiveness of Legal Aid Offices in Ensuring the Rights of Defendants in Court