PERLINDUNGAN HUKUM BAGI NASABAH BANK YANG DIRUGIKAN DALAM TRANSAKSI LAYANAN M-BANKING DALAM KASUS KEJAHATAN DUNIA MAYA (CYBER CRIME)

Abstract

M-banking is a type of banking service that uses a mobile phone for communication and has almost identical capabilities to ATMs, with the exception of the ability to withdraw cash. Serious problems faced by banks when using m-banking include fraud, theft of customer data, and transaction failures. This problem can be linked to Article 29 paragraph (4) of Law Number 10 of 1998 concerning Amendments to Law Number 7 of 1992 concerning Banking. The formulation of this research problem: (1) How is the legal protection for bank customers in m-banking service transactions in cyber crime cases? (2) What is the legal responsibility of banks to customers who are harmed in m-banking service transactions in cyber crime cases? This type of research uses a normative juridical approach. The data sources used in this study are primary and secondary legal materials and analyzed with tertiary legal materials. The data collection technique used is literature study. And the data was analyzed qualitatively. Results of the study: (1) The form of legal protection for bank customers in m-banking service transactions in the case of cyber crime has been regulated in several rules, however, there is no special regulation for cyber crime. (2) The form of the Bank's legal responsibility to the customer who is harmed in this M-Banking service transaction is that the bank as a business actor is very responsible for conveying an apology and providing compensation to the customer.