Juridical Analysis of Protection of Bank Customers from Skimming Action Reviewed from Consumer Protection Law

Nor Hazrina, Yulfasni Yulfasni, Delfianti Delfianti

Abstract


Today technology is growing rapidly including in the banking sector, banks as service providers continue to provide services to facilitate customer transactions, one of which is in the form of an ATM machine (Automatic Teller Machine), besides that customers as consumers in banking services also have the right to get comfort and security for funds entrusted by the customer to the bank, and also the bank is obliged to provide protection and safeguard against crime by third parties with skimming mode, as stipulated in the consumer protection law. The method in this research is normative juridical research. Research data were collected through literature study and interviews with resource persons to obtain primary data and literature studies to obtain primary data. The focus of this research is to find out how the Protection of Bank Customers From the Act of Skimming Viewed from the Consumer Protection Regulation. The results of the study indicate that the form of legal protection for bank customers from acts of skimming in terms of the Consumer protection Act that is legal protection and direct protection, and if there is a skimming action that is detrimental to the customer, and it is proven that there is no element of negligence from the customer, the bank will provide compensation for the amount of money lost.


Keywords


Protection; Bank Customers; Skimming; Consumer Protection Law

Full Text:

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References


Books

Djumhana, Muhamad, Banking Law in Indonesia, Citra Aditya Bakti, Bandung, 2000

Holden, J. Milnes, The Law and Practice of Banking Colume I, Banker and Customer, Pitman, 1980

Hermansyah, Revised Edition; Indonesian Banking Law, Jakarta, Kencana, 2009

Mamudji Sri, et al., Legal Research and Writing Methods, Faculty Publishing Board

Law of the University of Indonesia, Jakarta, 2005

Miru, Ahmadi and Sutarman Yodo, Consumer Protection Law, Jakarta :, PT. Raja Grafindo Persada, 2004

Rianto, Adi, Social and Legal Research Methodology, Granite, Jakarta, 2004

Sembiring, Sentosa, Association of Banking and Deposit Insurance Corporation, Bandung, Nuansa Aulia, 2005

Sidabalok, Janus, Consumer Protection Law in Indonesia ,, Bandung: PT.Citra Aditya Bakti, 2006

Soekanto, Soerjono, Introduction to Legal Research, UI Press, Jakarta, 2006

Legislation

Law No. 8 of 1999 concerning Consumer Protection

Financial Services Authority Law

Interview

Interview with Mr. Hendri as staff in Branch Office of Bank Mandiri Pelalawan at July18, 2019

Website

https://historia.id/politik/articles/mesin-atm-pertama-di-indonesia-PRgBg

://www.msn.com/id-id/berita/teknologidansains/waspada-6-cara-kuras-mesin-atm-senyap-dan-makin-gila/ar-AAAefIl




DOI: http://dx.doi.org/10.18415/ijmmu.v6i4.1051

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