December 2024

Volume 07 Issue 12 December 2024
The Nature of Customer and Bank Protection against Information Technology Based Crime Modes in the Banking Sector
1I Made Aditya Mantara Putra, 2Johannes Ibrahim Kosasih, 3I Nyoman Sukandia
1,2,3Faculty of Law ,Warmadewa University, Denpasar Bali
DOI : https://doi.org/10.47191/ijsshr/v7-i12-18

Google Scholar Download Pdf
ABSTRACT

The process of globalization and the rapid development of the financial sector supported by advances in information technology have created a very complex financial system in the banking world. As technology develops, information technology-based banking services such as internet banking and other service supporting technology have become very important. Apart from having a positive impact, information and communication technology (ICT) in the banking sector also creates opportunities for crime to occur (cyber crime). The government has issued regulations to protect customers and banks from criminal acts in the banking sector related to electronic providers, namely in Law Number 1 of 2024 concerning Information and Electronic Transactions. However, the existence of the law in question does not provide legal certainty in the context of protecting customers and banks against technology-based crime modes. This writing examines the mode of information technology-based crime that occurs in the banking sector and the nature of protection for customers and banks in realizing justice. The research method used is a normative legal research type with a statutory approach, conceptual approach and philosophical approach. The findings in this paper are a protection model that includes the bank's responsibility to protect customer data, as well as the involvement of the government and related authorities to prevent and deal with cyber crime with the aim of maintaining public trust and ensuring fairness in banking services.

REFERENCES

1) Abdul Wahid and M. Labib, 2005, Mayantara Crime (Cyber Crime), Refika Aditama, Bandung

2) Abdulkadir Muhammad, 2004, Law and Legal Research, Publisher PT. Citra Aditya Bakti, Bandung

3) Adrian Sutedi, 2007, Banking Law: An Overview of Money Laundering Mergers, Liquidations and Bankruptcy, Sinar Graphics, Jakarta

4) Agus Santoso, 2014, Law, Morals & Justice A Study of Legal Philosophy, 2nd Printing, PT. Fajar Interpratama Mandiri, Jakarta

5) Andi Hamzah, 1993, Criminal Law Relating to Computers, Sinar Graphics, Jakarta

6) Benedictus Renny See, 2022, Legal Protection for Customers and Banks Against Information Technology-Based Crime (Cyber Crime), Caraka Justitia Law Journal, Vol. 2, no. 1

7) Chairunnisa, S., Murwadji, T., & Harrieti, N., 2024, Legal Protection for Customers for Phishing and Hacking Crimes on Digital Bank Services Reviewed Based on Indonesian Positive Law, Journal of Legal and Social Sciences, 2(1)

8) Chatamarrasjid, 2005, Indonesian National Banking Law, 4th Printing, Kencana, Jakarta

9) I Made Aditya Mantara Putra, 2020, Legal Responsibility of Banks towards Customers in the Event of Transaction Failure on the Mobile Banking System, Kertha Wicaksana Journal, Faculty of Law, Warmadewa University, Denpasar

10) Johannes Ibrahim Kosasih & Hassanain Haykal, 2021, Notary Legal Cases in the Banking Credit Sector, Sinar Graphics, Jakarta

11) Johnny Ibrahim, 2006, Theory and Methodology of Normative Legal Research, Bayu Publishing, Malang

12) Kasmir, 2002, Basics of Banking, PT. Raja Grafindo Persada, Jakarta

13) Nani Widya Sari, 2018, Cyber Crime in the Development of Computer-Based Information Technology, Surya Kencana Dua Journal: Dynamics of Legal and Justice Issues, Vol. 5, no. 2

14) Peter Mahmud Marzuki, 2009, Legal Research, Kencana, Jakarta

15) Rony Sautama Hotma Bako, 1995, Bank and Customer Relationships on Savings and Deposit Products, PT Citra Aditya Bakti, Bandung

16) Sutarman, 2007, Cyber Crime Modus Operandi and Handling, Laksbang Pressindo, Yogyakarta

17) Zahirin Harahap, 2001, State Administrative Court Procedure Law, Raja Grafindo Persada, Jakarta

LEGISLATION

1) The 1945 Constitution of the Republic of Indonesia

2) Law Number 10 of 1998 concerning Amendments to Law Number 7 of 1992 concerning Banking.

3) Law Number 4 of 2023 concerning Development and Strengthening of the Financial Sector

4) Bali Province Regional Regulation Number 3 of 2017 concerning Village Credit Institutions
Volume 07 Issue 12 December 2024

Indexed In

Avatar Avatar Avatar Avatar Avatar Avatar Avatar Avatar Avatar Avatar Avatar Avatar Avatar Avatar Avatar Avatar