Purpose of the research for know and analysis: (1) cause rule of legal capacity as terms of saving agreement by children in the bank did not give protective yet; (2). Rule of saving one ideal as term of saving agreement by children in the bank. This research use doctrinal approach metode and indoctrinal approach metode. The source data in the research are primer data and secunder data.
Saving act in the bank is the children human right. Dues of the children (saving independent)  arose  from  themselves  interest  because  they  receive  doctrine  in  education.  A research said there are one hundred twenty third of student of one hundred forty of student said have  the  interest  saving  independent  in the  bank.  The  research  view  interest  very much  to students as many as 87,23% of total respondent students.
Due of the children such as saving independent is blocked by law practice in the banking because rule in the law number 10, 1998 on the change of the law number 7, 1992 on the banking did not  arrange clearly yet. The banking  interpretates rule terms saving on written in the law number 10, 1998 to the change about the law number 7, 1992 on the banking normative. It is  meant that the banking still use rule in Bugerlijk Wetbook article 1320 as general term an agreement.
The interpretation of the banking is policy that  does not  give certainty of the law to the children for saving independent and it does not give protective of law to the children so that dues implementation of the children do not apply such as process to grow, develop by the children psychologically. Grow and develop by the children psychologically are meant that the children can arrange private financial themselves as modal ability while they have been adult.
The children can implement their rights such as saving independent through ideal construction rule of legal capacity as term of saving agreement by the children in the bank. Ideal construction is meant that revise article 1320 BW js article 1330 BW js article 1 item 5 of the law  number  10,  1998  on  the  change  the  law  number  7,1992  on  the  banking  by exception statement as the implementation of the best interest of the child principle