scholarly journals Perlindungan Hukum Terhadap Nasabah Mobile Banking dalam Transaksi Perbankan

2021 ◽  
Vol 7 (1) ◽  
pp. 135
Author(s):  
Ni Made Trisna Dewi
Keyword(s):  
Research Method ◽  
Civil Law ◽  
Legal Protection ◽  
Legal Order ◽  
The Other ◽  
Mobile Banking ◽  
Electronic Information ◽  
Normative Study ◽  
Literature Research ◽  
Legal Literature

This essay discusses the legal protection for mobile banking custumers, because the mobile banking product as one of the delivery many benefits but contain many risk on the other side that could cause losses for the custumers. Therefore, the protection for mobile banking custumers is requiered in order to protect the rights of the custumers banking servise. The study was conducted to determine how the indonesian low and regulations that protect mobile banking custumers in banking transaction in case of the error transaction electronic in review of low number 11 of 2008 on information and electronic transactionsas well as the bank’s responsibility for the mobile banking custumers in case of a transaction error. This study is a normative study with the literature research method to analyze the book of legal literature and the low number 8 of 1999 about the custumers protection, low number 10 of 1998 about the indonesia banking sistem, low number 11 of 2008 about the transaction and electronic information. The result showed that although there is no customers legislation that specificaly regulates mobile banking, but in indonesia positive legal order there are laws and regulation which has provided legal protection for mobile banking custumers. There are law number 11 of 2008 about information and electronic transaction as contained in article 1.2 and 3. The bank’s responsibility to the custumer in case of error transaction. The loss is a proxy of fullfillment of one custumers protection law. Right to copensation in accordance with the treaty law in article 1313 civil law. Then the current legislation already includes aspects of legal protection for mobile banking custumers.

scholarly journals PERLINDUNGAN HUKUM TERHADAP NASABAH BANK YANG DIRUGIKAN AKIBAT KEJAHATAN SKIMMING DITINJAU DARI PERSPEKTIF TEKNOLOGI INFORMASI DAN PERBANKAN

2018 ◽  
Vol 1 (2) ◽  
pp. 157-171
Author(s):  
Dian Ekawati
Keyword(s):  
Information Technology ◽  
Research Method ◽  
Civil Law ◽  
Banking System ◽  
Legal Protection ◽  
Customer Data ◽  
The People ◽  
Internal Operations ◽  
Role Of Information

The progress of the banking system cannot be separated from the role of information technology. In addition to facilitating the company's internal operations, technology tools also aim to facilitate service to bank customers. One side of Information Technology provides not a few benefits to improving services both public services and internal services. On the other hand Information Technology is used by people who are not responsible by committing acts that are against the law, which attacks various legal interests of the people, society, and the state. This study aims to get information about banking crimes that use the skimming method and about legal protection for customers who are victims of skimming crime. The research method is juridical normative, namely obtaining and combining and analyzing data obtained from books, articles and journals and related legislation. The results obtained are that crime skimming is an old mode of customer money burglary which is done by stealing customer data at the customer's ATM with skimmer techniques. Legal protection against customers who are harmed due to the crime of skimming can be carried out by criminal means, namely reporting to the police and the police's duty to arrest the perpetrators. Legal protection through civil law by way of the bank replacing the customer's money after clarifying the transaction against the customer's account

Przemiany własności w rolnictwie – kontekst systemowy z perspektywy prawa krajowego i unijnego

2014 ◽  
pp. 29-72 ◽  
Author(s):  
Alina Jurcewicz ◽  
Paweł Popardowski
Keyword(s):  
Economic System ◽  
Public Interest ◽  
Civil Law ◽  
Legal Order ◽  
Point Of View ◽  
The Other ◽  
Eu Legislation ◽  
Economic Reality ◽  
Polish Law ◽  
Point Of Reference

In the article, the Authors attempt to systematically formulate “property”, from the point of view of both – Polish and EU legislation. They highlight various understandings of property and point out, how complicated the evolution of this law aspect has been. The point of reference in the conducted analysis is the assumption that property is one of the most important elements of the legal order. It is also perceived as a pillar of social and economic system. At the same time, property, and more precisely – its juridical concept assumed by a legislator as a factor shaping not only the content of property right but also determining its allowable forms, constitutes a fundamental instrument used by a country to influence its social and economic reality. As a reference to the Polish law, the Authors presented understandings of property that result from the constitution and civil law and pointed out fundamental differences between them. They highlighted also the fact that the constitutional concept of property is normatively superior to the other concept, what is reflected by the fact that property, formulated in the Constitution as an elementary right, determines the requirements concerning statutory under-standing of property. According to the principles of EU legislation, property is also perceived as an elementary right, but, as in the Polish law, it does not constitute an absolute (unlimited) right. It is though indicated that public interest in the broad sense of the term may constitute a legal prerequisite for interference in owner’s entitlements.

scholarly journals PELAKSANAAN TANGGUNG JAWAB BANK TERHADAP NASABAH PENGGUNA KARTU ATM PADA BANK BRI CABANG RENON DENPASAR

2020 ◽  
Vol 8 (8) ◽  
pp. 1249
Author(s):  
Putu Bagus Bendesa Wirananda ◽  
Ni Putu Purwanti
Keyword(s):  
Consumer Protection ◽  
Research Method ◽  
Legal Protection ◽  
Empirical Method ◽  
The Other ◽  
Financial Transaction ◽  
Automatic Teller Machine ◽  
Other Hand ◽  
Before And After

Anjungan Tunai Mandiri (ATM) merupakan suatu produk perbankan yang dapat memudahkan nasabah dalam melakukan transaksi keuangan. Tetapi disisi lain nasabah sebagai pengguna ATM, dapat mengalami kerugian akibat dari kerusakan mesin ATM. Tujuan dari penulisan ini untuk mengetahui perlindungan hukum bagi nasabah pengguna kartu ATM dan untuk mengetahui tanggungjawab bank terhadap nasabah yang mengalami kerugian dalam menggunakan kartu ATM. Metode penelitian yang digunakan adalah metode penelitian empiris. Hasil dari penulisan ini adalah Bank wajib memberikan perlindungan baik sebelum dan sesudah terjadinya transaksi dalam menggunakan ATM berdasarkan Surat Edaran Bank Indonesia Nomor. 14/17/DASP Tentang Penyelenggaraan Kegiatan Alat Pembayaran dengan Menggunakan Kartu (APMK) dan memberikan  ganti rugi terhadap nasabah yang mengalami kerugian dari penggunaan ATM berdasarkan ketentuan-ketentuan dalam Undang-Undang Nomor 8 Tahun 1999 Tentang Perlindungan Konsumen. Automatic Teller Machine (ATM) is one of the banking products that can facilitate customer in conducting financial transaction activites. But on the other hand the customer, as an ATM product user, can suffer losses due to damage to the ATM machine The purpose of this paper is to find out the legal protection for customers who use ATM cards and to determine the bank's responsibility to customers who experience losses in using ATM cards. The research method used is the empirical method. The result of this study Banks are required to provide protection both before and after the transaction in using an ATM based on Bank Indonesia Circular Number. 14/17 / DASP Regarding the Implementation of Card-Based Payment Instrument Activities and provide compensation to customers who have suffered losses from the use of ATMs based on the provisions in Law Number 8 of 1999 Concerning Consumer Protection.

scholarly journals Class Action Lawsuit on Civil Issues in Indonesia as Common Law Adoption

2020 ◽  
Vol 2 (2) ◽  
Author(s):  
Maryana Lestari ◽  
Septhian Eka Adiyatma
Keyword(s):  
Common Law ◽  
Civil Law ◽  
Legal Protection ◽  
Class Action ◽  
Legal Order ◽  
Law System ◽  
Consumer Protection Act ◽  
Civil Proceedings ◽  
The Law ◽  
Civil Law System

Regulations in Indonesia country must be fulfilled and adhered to, all the provisions in the form of prohibition, injunction and the sanctions that are in the environment of Indonesian society is hukim countries. So that the actions and deeds led to occur harmonious society without touching the rights of others. In civil law issues include problems between individuals and groups and from group to group and individual to individual, who violated the rights and obligations as a result of an agreement. Expanding the law does not rule out a new legal innovations that can make a person who made a report the other party violated his rights in the absence of a prior agreement to do. This development refers to a class action lawsuit based on some regulatory legislation such as Law - Legal Protection and Environmental Management, Law - Labor Law and the Law - Consumer Protection Act. Class Action Lawsuit become a new breakthrough following the development of the community association in order to avoid gaps in the legal action when there are those who rugikan, nevertheless uses a class action lawsuit is still being done with the procedural provisions of the HIR that is the source of law in civil proceedings. The class action suit or action lawsuit is a legal order that is embraced by the common law system, but countries that use civil law system like Indonesia participate adopt this legal order.

scholarly journals Legal Protection of Child Trafficking in the Provision of Compensation and Restitution Rights in Indonesia

2018 ◽  
Vol 5 (2) ◽  
pp. 368
Author(s):  
Cindy Adiastari ◽  
Hartiwiningsih Hartiwiningsih
Keyword(s):  
Legal Protection ◽  
Legal Research ◽  
Child Trafficking ◽  
Literature Research ◽  
Legal Literature ◽  
The Law ◽  
The Right

This study aims to determine the legal protection of victims of child trafficking in the provision of compensation and restitution rights. Legal protection for victims one of them provides the right of compensation and restitution as a form of distribution of justice for the victims. The existence of the Law relating to the provision of compensation and restitution to the victims has provided the rule for legal protection, but the implementation of compensation and restitution to victims of trafficking in child trafficking is still not widely applied and felt. This research is a normative legal research or legal literature research that is prescriptive or applied and obtained through study. Based on the result of the research, it can be concluded that there are some problems arising in the implementation of mechanism to get the right of compensation and restitution for victims of child trafficking crime. These issues are not only about the rules, but also of institutions authorized to assist victims of trafficking in children in obtaining their right of compensation and restitution.

scholarly journals PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG DALAM KEPAILITAN (ANALISIS TERHADAP PUTUSAN PENGADILAN NIAGA NOMOR: 20/PAILIT/2011/PN.NIAGA.SBY)

2015 ◽  
Vol 4 (2) ◽  
Author(s):  
I Wayan Wesna Astara
Keyword(s):  
Research Method ◽  
Legal Protection ◽  
The Other ◽  
Equal Protection ◽  
Legal Research ◽  
Conceptual Approach ◽  
Historical Approach ◽  
The World ◽  
Insolvency Proceedings ◽  
Debt Payment

The insolvent Debtor (PT Dwimas Andalan Bali) filed for insolvency by the Creditors (PT. Karsa Industama Mandiri) did not use his rights to submit a Delay for Debt Payment Obligations (DDPO) due to creditors have been in default and there has been an allegation of fraud in the insolvency proceedings becomes a phenomenon in the world of tourism business in Indonesia. In fact that the Debtor filed for insolvency has executed reconciliation with the other creditors, however there was no reconciliation with PT. Karsa Industama Mandiri. Therefore, the debtor has lost his opportunity to prevent insolvency through the Agency of Delay for Debt Payment Obligations (DDPO). Thus, the problems of this thesis are: what are the efforts of DDPO in insolvency mechanism? And how is the legal protection for debtor in insolvency proceedings. This research applied normative legal research method with the historical approach, legislative approach, and conceptual approach. Furthermore, the source of primary legal materials and secondary legal materials were analyzed through the measures of description, interpretation, systematization, evaluation and argumentation. The results of the research showed that the debtor (PT Dwimas Andalan Bali) as the Respondent of Insolvency has filed rebuttal that the Applicant of Insolvency has committed defaults by applying the doctrine of excptio non adimpleti cordractus and the Applicant of Insolvency (PT Industama Karsa Mandiri) was alleged of committing frauds and forgery. Therefore the insolvent debtor who should filed for insolvency to DDPO did not execute it, instead he executed reconciliation with the other creditors unless the Applicant of Insolvency. In this case, the DDPO Agency was not meaningful to the debtor and the Debtor of Insolvency reported the Applicant of Insolvency to the Regional Police of Bali. Related to the legal protection of debtor under the Law of Insolvency and DDPO No. 37 of 2004, there has been no principle reflected to provide equal protection for all relevant parties concerned against one's or company's insolvency

scholarly journals BENTUK AMAE DAN OMOIYARI DALAM CERPEN FUMINSHO

KIRYOKU ◽  
2018 ◽  
Vol 2 (2) ◽  
pp. 83
Author(s):  
Yuliani Rahmah
Keyword(s):  
Science Fiction ◽  
Short Story ◽  
Research Method ◽  
Literary Work ◽  
The Other ◽  
Literature Research ◽  
The Relationship

(Amae and Omoiyari’s form in Fuminsho's Short story) This article describes the embodiment of bushido values in a literary work. The value discussed is one of the Bushido element called Jin (means compassion) especially the form of amae and omoiyari. With literature research method,this article explain amae and omoiyari’s attitude which describes in a Japanese short story entitled Fuminsho. As a result it is known that despite the genre of science fiction, the short story of fuminsho contains amae and omoiyari which is shown by the relationship between the role of main characters and the other characters in the short story.Keywords : Short-story; Amae ; Omoiyari

scholarly journals Good Selling Buying Agreement and Legal Protection for Sellers

Lentera Hukum ◽  
2019 ◽  
Vol 6 (1) ◽  
pp. 133
Author(s):  
Fransiska Novita Eleanora ◽  
Andang Sari
Keyword(s):  
Research Method ◽  
Family Law ◽  
Legal Protection ◽  
Civil Code ◽  
Good Faith ◽  
The Other ◽  
Literature Study ◽  
What Is Said ◽  
Material Things

The concept of the agreement is accorded to Article 1313 of the Civil Code (KUHPdt). According to the Civil Code, what is said as an act is an agreement with one person with another person and can be said more and in mutual binding. The scope of the agreement is too broad, including the marriage agreement regulated in the field of family law. A unilateral agreement is an agreement that is not allowed which is indeed not only coming or popping up from various parties or parties, and also not permitted between the two or the other parties. In the agreement there should be an element of binding to each other, meaning that the party from the other agreement maker can always tie themselves to the other party and the other party also binds themselves to those who are different or different. The agreement is evident between the two parties. Without stating the purpose in an agreement by the parties that make the agreement and for what the agreement was made, moreover the contents of the agreement are unclear and prohibited by law. This study uses a research method that is literature study where by referring to literature or books and the rules of existing or normative legislation. The results achieved are then it can be said that the agreement is null and void. According to these reasons, the concept of agreement can be formulated with an agreement in which in the field called assets occurs something or things and material things that are mutual to always bind themselves from the seller or buyer to implement the agreement. Agreements that have been implemented must be carried out in accordance with the rights and obligations of each party and there is no default or negligence in carrying out their obligations so that they can be said to have good intentions in the agreement. Keywords: Legal Protection, Seller, Good Faith

scholarly journals PERLINDUNGAN KONSUMEN ATAS BARANG YANG TIDAK SESUAI DENGAN PERJANJIAN DALAM PERDAGANGAN ELEKTRONIK DIKAITKAN DENGAN UNDANG-UNDANG INFORMASI DAN TRANSAKSI ELEKTRONIK

2018 ◽  
Vol 10 (2) ◽  
pp. 114
Author(s):  
Herlin Setiani ◽  
Muhammad Taufiq
Keyword(s):  
Electronic Commerce ◽  
Consumer Protection ◽  
Research Method ◽  
Legal Protection ◽  
Qualitative Approach ◽  
The Other ◽  
Electronic Trading ◽  
Legal Norms ◽  
Electronic Transactions ◽  
Legal Consequence

The purpose of this study are: 1) To know and analyze the legal protection of consumers on goods that are not in accordance with the agreement in electronic commerce and 2) the responsibility of business actors in providing compensation for goods that are not in accordance with the agreement in electronic commerce . The research method used is normative juridical research that performs a qualitative approach that sees and analyzes the legal norms in the existing legislation. The results are: 1) Consumer protection of goods is not in accordance with the agreement in electronic commerce, which can be carried out by filing a default, for legal reasons not fulfilled the obligations of business actors in the electronic agreement. The non-fulfillment of this obligation means that there has been a violation of the rights of the other party (the buyer) and the legal consequence is causing the loss, 2) The responsibility of business actors in giving compensation for goods not in accordance with the agreement in electronic trading has not been regulated specifically in UUPK and UU ITE, but principally business actors may be held liable in electronic transactions through contractual liability relating to the loss suffered by consumers.

scholarly journals Implementation of the Constitutional Court Decision Regarding the Execution of Fiduciary Guarantees and Inclusion of Default Clauses in Indonesia

2020 ◽  
Vol 10 ◽  
pp. 33-38
Author(s):  
Siti Malikhatun Badriyah ◽  
◽  
R. Suharto ◽  
Marjo Marjo ◽  
Retno Saraswati ◽  
...  
Keyword(s):  
Research Method ◽  
Civil Law ◽  
Legal Protection ◽  
Court Decision ◽  
Constitutional Court ◽  
Legal Regulations ◽  
Legal Certainty ◽  
Legal Norms ◽  
Legal Principles

The existence of the Constitutional Court Decision Number 18/PUU-XVII/2019, made problems in society related to the implementation of the fiduciary guarantee execution. This study aims to determine and analyze the implementation of the Constitutional Court Decision Number 18/PUU-XVII/2019. The research method used is normative juridical by conducting document studies of legal principles, legal regulations and legal norms in Indonesia and interviews with civil law experts. The results showed that the decision of the Constitutional Court Number 18/PUU-XVII/2019, caused disagreements in its implementation. Prior to the Constitutional Court Decision, the execution of the Fiduciary Guarantee was based on the Fiduciary Guarantee Law, if the debtor in default, the Fiduciary Recipient can execute on the basis of the fiduciary recipient's own power to sell the object of fiduciary security, but with a Constitutional Court Decision it must go through a court. This creates confusion for creditors and is against the principle of material security. This is detrimental to creditors, because creditors cannot immediately sell their own fiduciary collateral objects if the debtor defaults. This phenomenon can lead to a lack of legal certainty and legal protection for fiduciary recipients and contradicts the nature of fiduciary guarantees which should have strong guarantee rights and are easy to implement.

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