scholarly journals TANGGUNG JAWAB KEJAHATAN PERBANKAN MELALUI MODUS OPERANDI SKIMMING

2020 ◽  
Vol 7 (1) ◽  
pp. 34
Author(s):  
Victoria Linggoraharjo

Bank is a financial institution, which primary function includes collecting and granting deposits to the public based on fiduciary principle. The development of information technology has shifted financial products and services into electronic-based products and services, making money management easier than before. One of the electronic banking products, an ATM (Automatic Teller Machine) is operated by a financial institution, allowing customers to perform financial transactions. However, the information age shows that ATM skimming has become a rising threat. Skimming is a crime that occurs when skimmers install skimming devices on ATM machines in order to steal debit or credit card information. Skimming is done by surreptitiously installing a device at ATMs to record pin card data using magnetic strips. Therefore, the purpose of this study is to analyze which party is liable as a result of ATM skimming. The result of this study shows that BCA is liable for the loss caused to its customers due to unauthorized withdrawals, considering Article 1367 of the Indonesia Civil Code states that a financial institution is responsible for the damage caused by matters which are under its supervision, that is, an ATM machine. Skimming is a criminal act in the banking sector that not only contravenes Banking Law, but also Criminal Law and Information and Electronic Transactions Law. Therefore, skimmer or fraudster is subject to Article 263 jo. Article 362 of the Criminal Code and/ or Article 30 (3) jo. Article 46 of the Information and Electronic Transactions Law.

2021 ◽  
Vol 19 (2) ◽  
pp. 91
Author(s):  
Novita Ratna Satiti ◽  
Chalimatuz Sa'diyah

This study aims to analyze the effect of financial literacy on financial behavior in the community in Malang district. The design and approach used is the mix method. The data used in this study are primary in the form of literacy and financial behavior of the public, and secondary data in the form of financial institution information in the Malang Regency. Samples of farmers in 33 districts were selected using Multi Stage Random Sampling. Data was collected by observing, interviewing and distributing questionnaires. The result showed that the interaction between financial literacy and finance house significantly affects financial behavior. Financial literacy is to have the ability and knowledge of concept and risk, and skill to make more effective decision in finance individually, in a family, and in society. The finance house would help the society to know how to come into decision in managing their finance. It would change the society’s behavior from having lack of knowledge, ability, and belief in financial products and services to having them comprehensively, including knowing features, risks, and advantages of financial products and services. Additionally, it is expected that the society would have ability in using the financial products and services.


2021 ◽  
Vol 5 (2) ◽  
pp. 38
Author(s):  
M. Endriyo Susilo ◽  
Wagiman Wagiman

The crime of money laundering is very detrimental to the public at large, because the crime will also be followed by other crimes, corruption, terrorism and drugs. The purpose of this research is to discuss the extent to which the Bank is involved in the money laundering process, so the researcher takes the theme Bank Secrets as part of the money laundering process. The method used is literature study with descriptive, exploratory, and analytical approaches. It can be concluded that, Bank Secrecy is everything related to information regarding depositors and deposits where the principle of bank secrecy aims to protect customers. Bank is a financial institution that runs its business based on the trust of its customers so that banks are required to be able to maintain the confidentiality of all data and information related to their customers, including information on financial transactions carried out by their customers. It is recommended that the bank should apply the Know Your Customer “Know Your Customer principle” properly accompanied by an adequate reporting system. If there is a suspicious flow of funds, it can work with related parties (PPATK, KPK and the Police) so that money laundering can be prevented as early as possible.


2020 ◽  
Vol 10 (9) ◽  
pp. 1894-1905
Author(s):  
I.V. Logvinova ◽  
◽  
A.V. Zhigunova ◽  

This article discusses the problems of minimizing threats to information security in the banking sector and identifies possible means to facilitate this process. By attracting funds and lending to clients on a commercial basis, banks are significantly expanding on an ongoing basis the network of services in the domestic financial and credit sector, have had a noticeable impact on the country’s economy. Simultaneously with the emergence of commercial banks, a number of problems arose that did not exist before, the main one of which is the need to ensure the safety of banks from criminal encroachments, first of all, informational. The problem of security for a commercial bank is relevant not only for the owners and shareholders of the bank, but also for employees and clients of the bank. Problems arising in the banking sector can negatively affect the general population and the situation in the state, therefore, it is necessary to approach the solution of this problem from a strategic position. The development of modern technologies in the banking sector expose banks to completely new and more dangerous threats. In order to prevent and repel threats to the bank’s security, any financial institution is forced to constantly deal with the problem of ensuring its own security. It should be noted that the provision of banking services is inextricably linked with the use of funds and financial products with various functions and qualities. Moreover, a credit institution is a product of a complex of financial services, both for passive and active tasks, and the main task of any bank is to offer customers a whole range of products that fully meet their needs.


2019 ◽  
Vol 17 (1) ◽  
Author(s):  
Sri Wulandari

<div class="page" title="Page 1"><div class="layoutArea"><div class="column"><p><span>Banking in facing the pace of technology in financial transactions in the use of credit cards as a means of payment runs safely. Protection of bank customers against misuse of credit cards so that customers are in a disadvantaged position. This study uses secondary data / literature as primary data supported by primary data, descriptive qualitative data presentation. Credit card crime has not been formulated normatively in Indonesia's positive law. The National Legal Development Agency (BPHN) tries to identify forms of cyberspace (credit card) activities with the Criminal Code, Banking Law, ITE Law and Consumer Protection Law. The policy regarding the regulation of credit card crimes is unclear, Article 263 and Article 378 of the Criminal Code are not relevant to be used to deal with criminal acts of credit card misuse, because there are some weaknesses that credit cards cannot be interpreted as letters. Therefore, legal protection for credit card customers can be surprised if there is participation from various parties regarding their rights and obligations, while the bank must be more open with credit card customers. Efforts to tackle credit card crime are carried out by means of a penal and non-penal policy that is to ensnare carders (credit card criminals) with the Criminal Code Articles by maximizing criminal threats and preventive measures by improving the credit card operational standard system as a form of security . </span></p></div></div></div>


2018 ◽  
Vol 3 (1) ◽  
pp. 197
Author(s):  
Faruq Ahmad Futaqi

Abstract: This article aims to explore the efforts of BMT Hasanah and BMT IKPM Gontor in developing the shari'a financial products as an attempt to avoid riba. it has been agreed upon its proscription by 'ulama'. In financial transactions, riba> appears in the form of interest that has been prohibited and it is unlawful. This statement occurs in the DSN-MUI. In fact, the existence of interest in the community remains a serious problem in Islamic financing because it is rooted in the community. Several Sharia financial institutions still apply the interest system in its loan. The research result showed that BMT Hasanah and BMT IKPM Gontor is an institution implementing the system of Islamic financing through the concept of the purchasing and musha> rakah (profit sharing) finance. Both BMT face the challenge in the developing applicable sharia products. They applied different model in the designing the forms of application for financial productsin order to accommodate the Sharia statement as well as the public who have less knowledge about sharia finance. Furthermore, there are some several similarities and differences in the financial products. In relation to the condition of the community, the process of determining the profit sharing reference, the determination of margin and the interest are considered ascending in the decisionof the product of financing the purchasing and musha> rakah.Abstrak: Artikel ini bertujuan untuk menggali upaya BMT Hasanah dan BMT IKPM Gontor dalam mengembangkan produk pembiayaan syari’ah sebagai upaya menghidari riba. Riba> telah disepakati keharamannya oleh para Ulama’. Dalam transaksi keuangan riba> muncul dalam skema bunga yang telah difatwakan haram oleh para Ulama’. Fatwa ini muncul dalam produk fatwa DSN-MUI. Namun, perwujudan bunga dimasyarakat tetap menjadi masalah serius dalam pelaksanaan pembiayaan syariah dikarenakan sudah mendarah daging dalam masyarakat. Banyak lembaga keuangan syariah yang masih menerapkan sistem bunga dalam pinjaman. Penelitian ini menghasilkan kesimpulan, yaitu; BMT Hasanah dan BMT IKPM Gontor merupakan lembaga yang menerapkan sistem pembiayaan syariah melalui konsep pembiayaan jual beli dan pembiayaan musha>rakah (bagi hasil). Tantangan perwujudan dan pengembangan produk syariah yang aplikatif merupakan hal yang harus diselesaikan oleh kedua BMT ini. Nyatanya, dalam desain dan pengembangan aplikasi produk pembiayaan kedua lembaga ini mempunyai pola-pola tersendiri. Hal ini dalam rangka mengakomodasi fatwa syariah sekaligus kondisi masyarakat yang belum paham keuangan syariah. Dalam produk pembiayaan terdapat beberapa persamaan dan perbedaan didalamnya. Terkait dengan kondisi masyarakat, proses penentuan acuan bagi hasil dan penentuan marjin serta bayang-bayang bunga menjadi beberapa hal yang muncul dalam penentuan produk pembiayaan jual beli dan pembiayaan musha>rakah.   USAHA BMT HASANAH DAN BMT IKPM GONTOR DALAM MENGEMBANGKAN PRODUK PEMBIAYAAN SYARI’AH


Author(s):  
Krishna Prasad K. ◽  
P. Ushadevi

Adopting new technology in the banking sector is very useful for the growth of banks in India. The bank is the main financial institution that provides the digital technology-enabled services to the customers in an effective manner. Because of competition today each and every bank is providing modern and innovative services to attract a number of customers. Mobile banking (also known as M-banking) is latest technology or novel technology, user-friendly, and widely used concept in Electronic banking that is used to accomplish cashless financial transactions, fund transfer, credit applications and payment of bills, taxes etc. remotely through mobile devices like smartphones, PDAs, and tablets. The uncommon increment in the utilization of mobile phones in both urban and rural areas provides exciting opportunities for the development of cell phone based banking. But in India, a developing country, mobile banking is limited to only some fields such as SMS due to lack of facilities, security issues, poorly performing internet connections and because of high priced. In this paper, we present a comparative study on Mobile Banking transaction of major banks in India. In this paper, we analyzed and discussed portable banking money/financial transactions, using ABCD analysis and based on the analysis we made a few proposals/recommendations to cell-phone enabled banking service contributor. This will encourage the scientist/researcher to find the gap between the traditional and digital method of financial transactions in India.


2012 ◽  
Author(s):  
Noraziah Che Arshad ◽  
Abdul Ghafar Ismail

Partnership-based was widely practised in the pre-Islamic period.The practice was so commonly prevalent among the muslim and non-muslim.This book is hoped to be of assistance to those who wish to discover the shariah contracts for partnership and the methods of structuring the current Islamic financial products and instruments through adopting either an existing Islamic contract or by combining two or more thereof.As for students and lecturers, this book is sought to be a reference for Islamic banking and finance related courses.It can also be a reference to the general members of the public who are interested to learn about the basic principles in the paramaterizing the shariah rulings for Islamic partnership contracts and to obtain issues about the Islamic banking and financial products.All readers may realize, that the first two chapters have briefly discussed the introduction to fiqh and shariah and the rule-making process of the areas in Islamic law.The main purpose of the book is to provide a more comprehensive understanding of the principles and basis of adopting the shariah contracts for Islamic financial products, as well as enabling the harmonization of the Islamic financial practices into shariah parameters of each contract.Nevertheless, the basic and important discussion on fiqh, shariah and the procedure of law-making process is believed tobe sufficiently covered in this book.


Liquidity ◽  
2018 ◽  
Vol 1 (1) ◽  
pp. 32-41
Author(s):  
Amrizal Amrizal

Banking industry is very tight competition in all aspects. Results review from some literatures: journals and empirical data indicates that the banking industry has been applied information technology in order to provide excellent service to customers in the form of electronic transactions such as ATM, sms banking, e-commerce and so forth. Based on Bank Indonesia reports, the type of electronic transaction has been growing very rapidly between the transaction and Bilyetgiro Elekteronik Checks, ATM, Credit Card, Account Card Based (ATM and Debit Cards), Electronic Money, Delivery Chanel and RTGS. Those above transactions are relating to the Technology Information System and Integrated System. Integrated system is the combination of Hardskill which focus on knowledge and more to the integrity softskill (shidiq, trustworthy, tablig, fathonah). Islamic banks are ready to face competition both nationally and internationally, primarily face competition from the aspect of Integrated Systems. Bank Syariah Mandiri (BSM) developed e-banking features on an ongoing basis, among others


Liquidity ◽  
2017 ◽  
Vol 6 (2) ◽  
pp. 110-118
Author(s):  
Iwan Subandi ◽  
Fathurrahman Djamil

Health is the basic right for everybody, therefore every citizen is entitled to get the health care. In enforcing the regulation for Jaringan Kesehatan Nasional (National Health Supports), it is heavily influenced by the foreign interests. Economically, this program does not reduce the people’s burdens, on the contrary, it will increase them. This means the health supports in which should place the government as the guarantor of the public health, but the people themselves that should pay for the health care. In the realization of the health support the are elements against the Syariah principles. Indonesian Muslim Religious Leaders (MUI) only say that the BPJS Kesehatan (Sosial Support Institution for Health) does not conform with the syariah. The society is asked to register and continue the participation in the program of Social Supports Institution for Health. The best solution is to enforce the mechanism which is in accordance with the syariah principles. The establishment of BPJS based on syariah has to be carried out in cooperation from the elements of Social Supports Institution (BPJS), Indonesian Muslim Religious (MUI), Financial Institution Authorities, National Social Supports Council, Ministry of Health, and Ministry of Finance. Accordingly, the Social Supports Institution for Helath (BPJS Kesehatan) based on syariah principles could be obtained and could became the solution of the polemics in the society.


2020 ◽  
Vol 14 (2) ◽  
pp. 191-210
Author(s):  
Addiarrahman Addiarrahman ◽  
Illy Yanti

This study seeks to understand the pragmatism of the development of sharia economic law, and its implications for Islamic financial products in Indonesia. The data comes from the results of interviews and focus group discussions with key informants from academics, practitioners, authorities, and the public. This research finds that pragmatism in the development of Islamic economic law is an approach that still dominates the DSN-MUI fatwas. The pragmatism style used is complex-eclectic pragmatism which is represented through makhārij al-fiqhiyyah, which is to choose a mild opinion by sticking to the strongest method or also called "taysīr al-manhajī". The use of this method is intended to ensure that the fatwa is truly able to answer the needs of the business world, as well as being in line with sharia principles. DSN-MUI also does not use maslahah as a legal consideration in a free or liberal way. Rather, it returns maslahah in consideration of the method, so that it is permissible to use the bay’ al-'inān contract only in a forced state (ḍarurah).


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