Bank Responsibility and Legal Protection of Customers Damaged Due to Phishing Crime

Abstract

This study aims to find out how bank responsibility and legal protection are for loss of account balances due to phishing crimes. This research was conducted using a normative qualitative descriptive method. Based on the data obtained in the results of this study, the authors draw the following conclusions: The phishing crime experienced by the customer, the bank can be fully responsible if the customer can prove that the phishing crime experienced by the public is not the negligence of the customer itself but an error of the existing security system on the part of the Bank. Apart from being responsible for losses that befell customers, there are more important efforts that must be made by the bank, namely improving the security system to prevent phishing crimes so that this crime does not get bigger and wider. Consumer protection is all efforts that guarantee legal certainty with the aim of providing protection to consumers for services that have been provided by the bank to consumers, regarding cases of phishing crimes experienced by customers it is still unclear whether this is the customer's negligence or an error in the security system. is in the bank, in other words, the bank must improve its security system to maintain customer confidence in the deposit funds provided by customers. Legal protection for victims of phishing crimes includes Law Number 10 of 1998 Amendments to Law Number 7 of 1992 concerning Banking, Law Number 8 of 1999 concerning Consumer Protection, and Financial Services Authority Regulation (POJK) Number 6/ POJK.07/2022 concerning Consumer and Community Protection in the Financial Services Sector.