Pembayaran Klaim Penjaminan Nasabah Penyimpan pada Bank Gagal oleh Lembaga Penjamin Simpanan (Studi Putusan Mahkamah Agung Nomor 615 K/pdt.sus/2011)

This article aims to analyze the procedure for payment of depositor's insurance claims in the failed banks by Indonesia Deposit Insurance Corporation and to analyze consideration of the judge in the case between Indonesia Deposit Insurance Corporation against curator of PT. Tripanca Group and PT. BPR Tripanca Setiadana related with payment of depositor's insurance claims dispute. This research is a prescriptive normative legal research. The results of the study concluded that the procedure for payment of insurance claims when a bank fails started from the depositors who need to come to the office to see the announcement list of the liquidated bank deposits and requested a statement of the liquidation team. Then depositor came to the bank with the documents required and will be examined. Payer's bank will do the payment if the savings fulfill the guarantee program. Related with Supreme Court Ruling Number 615/Pdt.Sus/2011, consideration of the Supreme Court judge granted the request of this appeal because it contains errors consideration of the Judex Facti on their decision. From Gustav Radbruch theory, the decision of the Supreme Court's judges have fulfill three general precepts: purposiveness, justice, and legal certainty so it can be regarded as an ideal decision