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International Journal of
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VOL. 9, ISSUE 6 (2023)
Legal reconstruction of bank responsibility in the issuance of debit cards on card skimming crimes based on justice values
Authors
Gunarto, Tri Gunawan, Sri Endah Wahyuningsih, Wijayono Hadi Sukrisno
Abstract

This research aims to examine the agreement between banks and creditors in issuing electronic-based Debit (ATM) cards, how banks are responsible for customers who have been harmed by card skimming crimes, and how to prevent card skimming crimes in bank transactions. Some of the legal bases for this writing include Law Number 10 of 1998 concerning Banking, Law Number 19 of 2016 concerning Information and Electronic Transactions (ITE), Law Number 8 of 1999 concerning Consumer Protection, Article 1367 of the Civil Code and Bank Regulations Indonesia PBI 11/11/PBI/2009. In this research, the author uses a type of normative legal research, namely a form/type of research that relies on data and information about the law, both primary legal materials, secondary legal materials, and tertiary legal materials.

Research result shows that The ATM card issuance agreement between the bank and the customer creates a legal relationship between the bank and the customer who deposits funds based on a borrowing agreement, which means that the bank positions itself as a borrower of funds from the customer so that the bank has the right to use these funds. The bank must compensate customers whose ATM cards were skimmed by criminals and replace the amount of money the customer lost. Customer protection against the occurrence of card skimming is in the form of preventive legal protection and repressive legal protection, and efforts that can be made by banks to prevent skimming crimes are by replacing debit cards from magnetic strip technology to chip technology.
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Pages:35-38
How to cite this article:
Gunarto, Tri Gunawan, Sri Endah Wahyuningsih, Wijayono Hadi Sukrisno "Legal reconstruction of bank responsibility in the issuance of debit cards on card skimming crimes based on justice values". International Journal of Law, Vol 9, Issue 6, 2023, Pages 35-38
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