Bank's Responsibility for Loss of Customers Victims of Crime Skimming and Prevention Measures

Abstract

This study was conducted with the aim of analyzing the responsibility carried out by the bank for the losses experienced by customers who are victims of justice-based skimming crimes and to find out the construction or work system of skimming actors which can harm many parties, both from the bank and the customer. This research is an empirical or non-doctrinal research. The approach used in this research is to use an empirical juridical approach and a conceptual approach by using primary and secondary legal sources. The technique of collecting legal materials used is by studying documents on skimming cases that occurred in Indonesia and interviews with Bank BNI KC Pandanaran Semarang. Then analyzed by qualitative descriptive analysis. The results of the study show the bank will immediately provide compensation for the lost customer's money, and after that the bank will cooperate with the police to track down the skimming perpetrator. However, there are some exceptions for the bank to handle the skimming case, namely the bank will help the customer if the customer really maintains the confidentiality of his data, in the sense that when making transactions at the ATM machine, the customer has followed the advice from the bank to close his hand when pressing the PIN button. And ensure the distance of other ATM users behind it. However, if the customer's funds are lost due to negligence, then the bank will not provide compensation because the negligence lies with the customer.