scholarly journals PERLINDUNGAN HUKUM BAGI NASABAH PENGGUNA INTERNET BANKING

GANEC SWARA ◽  
2019 ◽  
Vol 13 (2) ◽  
pp. 207
Author(s):  
ALINE FEBRIANY LOILEWEN ◽  
TITIN TITAWATI
Keyword(s):  
Risk Management ◽  
Consumer Protection ◽  
Financial Services ◽  
Service Sector ◽  
Legal Protection ◽  
Internet Banking ◽  
Electronic Information ◽  
Customer Complaints ◽  
Services Sector ◽  
Financial Services Sector

  This study aims to examine and analyze how the legal protection and supervision of the banking world for customers using internet banking facilities.  This study uses a form of normative legal research, namely research that is based on written rules and legislation and various literature related to the problems that will be discussed in this study.   Some forms of legal protection for customers using internet banking facilities are the existence of the Financial Services Authority Regulation No.38 / POJK.03 / 2016 concerning Application of Risk Management in the Use of Information Technology by Commercial Banks (POJK IT Risk Management). The existence of Article 1 number 12 of Law No. 11 of 2008 concerning Information and Electronic Transactions (UU ITE), electronic signatures are signatures consisting of electronic information that is attached, associated or related to other electronic information used as a verification and authentication tool . Another thing that can be done by customers who use internet banking facilities is to conduct customer complaints. Customer complaints are a manifestation of the protection of rights owned by customers, namely the right to be heard. This right is regulated in Article 4 letter d of Law 8 of 1999 concerning Consumer Protection of the PK Law). Whereas in the financial services sector, there is Article 32 of the Financial Services Authority Regulation No. 1 / POJK.07 / 2013 concerning Consumer Protection in the Financial Services Sector (POJK PK) which stipulates that financial service sector business operators must have and carry out customer service and settlement complaints.  The supervision policy carried out by Bank Indonesia towards banks aims to protect the interests of the community and to maintain the continuity of the bank's business as a trust and as an intermediary institution, the supervision is carried out either directly or indirectly

THEORETICAL STUDY OF LEGAL PROTECTION FOR CREDITORS IN THE OPEN SAVINGS ACCOUNT STANDARD AGREEMENT IN BANKS IN INDONESIA

2020 ◽  
Vol 4 (1) ◽  
pp. 29
Author(s):  
Dauri Dauri ◽  
Nadya Waliyyatunnisa ◽  
Retias Dewi Jayanti
Keyword(s):  
Commercial Bank ◽  
Consumer Protection ◽  
Financial Services ◽  
Theoretical Study ◽  
Legal Protection ◽  
Financial Service ◽  
Services Sector ◽  
Financial Services Sector ◽  
Legal Relationship ◽  
Account Standard

This study aims to examine the legal protection of creditors against standard savingsbookkeeping agreements at the Bank. With the enactment of Law Number 8 of 1999concerning Consumer Protection, the customer or customer gets legal protection. To bea customer at a bank, the community must first be bound in a legal relationship with thebank. The legal relationship between the customer and the bank occurs after bothparties sign an account opening form as proof that the customer has agreed and iswilling to fulfill the terms and conditions proposed by the bank. Customers who deposittheir money in the bank expect profit, security and convenience, therefore there must beprotection provided by the bank to depositors. The problem that will be discussed in thisresearch is how the form of legal protection for creditors against the standardagreement to open a savings account at a bank. The method used in this study is a typeof normative juridical research or literature review or documents related to theproblem. Based on the results of the study the authors found that the form of legalprotection for deposit customers against the exoneration clause in the form of opening a savings account at a commercial bank is one of the government's efforts to protect consumers against businesses in the financial services sector. Financial ServicesAuthority Regulation Number:1/POJK.07/2013 concerning Consumer Protection TheFinancial Services Sector is able to put the position of consumers of financial servicesin balance with financial service players, but in practice banks still apply theexoneration clause.

scholarly journals PERLINDUNGAN NASABAH DEBITUR TERHADAP PERJANJIAN BAKU YANG MENGANDUNG KLAUSULA EKSONERASI PADA BANK UMUM DI BANDARLAMPUNG

FIAT JUSTISIA ◽  
2017 ◽  
Vol 10 (1) ◽  
Author(s):  
Ahmad Jahri
Keyword(s):  
Consumer Protection ◽  
Financial Services ◽  
Financial Institution ◽  
Legal Protection ◽  
Active Role ◽  
Services Sector ◽  
Financial Services Sector ◽  
Standard Contract ◽  
Bargaining Position ◽  
Credit Contract

Legal protection for debtor as a consumer in banking becomes important which the position of the some parts of credit contract is not balanced. Bank prefer to have a strong bargaining position, so the bank based on the reason of efficiency makes standard contract contain exoneration clause that incriminating debitors. The Government’s Determination Law No. 8 of 1999 on Consumer Protection has been set up the opposition to banning the use of the standard contract. Similarly, the Financial Services Authority (FSA)/ Otoritas Jasa Keuangan (OJK) carried out a function of supervising the financial institution has issued POJK No. 1/POJK.07/2013 on Consumer Protection of Financial Services Sector. The regulations issued to protect consumers especially financial services sector. The result showed that credit contract of the commercial bank in Bandar Lampung still contains exoneration clause that prohibited on The Government’s Determination Law No. 8 of 1999 on Consumer Protection and OJK Regulation No.1/POJK.07/2013 on Consumer Protection of Financial Services Sector. There is a clause that requires the debtors to submit all bank’s guidance and regulations, either already exist or will be set later. The legal consequence of the implementation of exoneration clause in credit contract is the contract can be canceled by law as mentioned in Article 18 paragraph (3) The Government’s Determination Law No. 8 of 1999 on Consumer Protection. The legal protection of debtor as a consumer of banking service has been arranged by the regulations, but the implementation has not effective because still there are abuses by the bank. Therefore, the active role of Financial Services Authority to conduct monitoring and providing strict sanctions to banks that violate the rule. Furthermore, need education for community and have to make a format of standard contract that compatible with rules which formulated by the Financial Services Authority (FSA)/ Otoritas Jasa Keuangan (OJK). Keywords: Exoneration, Clause, Customer Protection, Standard Contract

scholarly journals The Interplay between Board Characteristics, Financial Performance, and Risk Management Disclosure in the Financial Services Sector: New Empirical Evidence from Europe

2021 ◽  
Vol 14 (2) ◽  
pp. 79
Author(s):  
Gratiela Georgiana Noja ◽  
Eleftherios Thalassinos ◽  
Mirela Cristea ◽  
Irina Maria Grecu
Keyword(s):  
Risk Management ◽  
Financial Performance ◽  
Financial Services ◽  
Structural Equation ◽  
Supervisory Board ◽  
Fiscal Year ◽  
Services Sector ◽  
Board Characteristics ◽  
Financial Services Sector ◽  
Thomson Reuters

This paper empirically evidences the role played by board characteristics (skills, diversity, structure, independence) in supporting risk management disclosure and shaping the financial performance of European companies operating in the financial services sector. We exploit data selected from Thomson Reuters Eikon database in 2020 for the last fiscal year 2019 (FY0) on a longitudinal sample of 144 companies with the head offices in Europe (25 countries). Following an original empirical approach based on two modern financial econometric techniques, namely structural equation modelling (SEM) and network analysis through Gaussian graphical models (GGMs), the research endeavor outlines the decisive importance of an optimal board size, enhanced management skills, upward gender diversity (encompassed by women participation on board management), and structure (mainly a two-tier type, one management board, and a distinctive supervisory board) as fundamentals of risk management strategies, leading to improved financial achievements and a higher profitability for the analyzed companies.

scholarly journals Effective Customer Relationship Management: A Key to Success for Banks

2021 ◽  
Vol 10 (06) ◽  
pp. 05-08
Author(s):  
Gyanesh Bhatt
Keyword(s):  
Financial Services ◽  
New Technologies ◽  
Internet Banking ◽  
Customer Relationship ◽  
Services Sector ◽  
Customer Base ◽  
Dynamic Markets ◽  
Financial Services Sector ◽  
Continuous Activities ◽  
Internet Revolution

Generally, consumers do not change their banks unless serious problems occur. The philosophy, culture and organization of financial institutions were grounded in this assumption and reflected in their marketing policies, which were product and transaction-oriented, reactionary, focused on discrete rather than continuous activities. With the advent of new technologies in the business of bank, such as Internet Banking and ATMs, now customers can freely choose any bank for their transactions. The pressures of competitive and dynamic markets have contributed to the growth of CRM in the Financial Services Sector. Also, before the Internet revolution, consumers largely selected their banks based on how convenient the location of bank's branches was to their homes or offices. With the advent of new technologies in the business of bank, such as Internet banking and ATMs, now customers can freely choose any bank for their transactions. Thus, the customer base of banks has increased, and so has the choices of customers for selecting the banks.

scholarly journals LEGAL PROTECTION FOR USERS OF INTERNET BANKING CUSTOMERS FOLLOWING CHANGES IN INFORMATION AND ELECTRONIC TRANSACTIONS LAW

2019 ◽  
Vol 6 (1) ◽  
pp. 54
Author(s):  
Azharuddin Azharuddin
Keyword(s):  
Financial Services ◽  
Commercial Banks ◽  
Personal Data ◽  
Legal Protection ◽  
Internet Banking ◽  
The Internet ◽  
Electronic Information ◽  
Customer Data ◽  
Banking Service ◽  
Electronic Transactions

The presence of the Internet Banking service has offered a number of convenience and flexibility in conducting transactions, both between the bank and its customers, the bank and merchant, bank with the bank and the customer with the customer. However, this simplicity does not mean no risk. In addition to the Internet Banking service provides convenience, also in fact have some risks. The risk of a new character and is a challenge for practitioners and experts in the field of Internet Banking service to handle it, so it becomes important to discuss the legal efforts to protect customers' personal data in the operation of Internet Banking service after changes in legislation and elektronic information transaction. Forms of protection against customer data in Internet Banking in Indonesia are from several types of regulations that have regulated internet banking, namely Bank Indonesia Regulation Number 9/15 / PBI / 2007 concerning Application of Risk Management in the Use of Information Technology by Commercial Banks and Act No. 19 of 2016 concerning Amendments to Act No. 8 of 2011 concerning Electronic Information and Transactions along with the Financial Services Authority Act in the section on consumer protection

scholarly journals PERAN OTORITAS JASA KEUANGAN DALAM PENYELESAIAN PENGADUAN KONSUMEN SEKTOR JASA KEUANGAN

2018 ◽  
Vol 5 (1) ◽  
pp. 236
Author(s):  
Marwah Marwah
Keyword(s):  
Empirical Research ◽  
Consumer Protection ◽  
Financial Services ◽  
Accurate Information ◽  
Business Service ◽  
Services Sector ◽  
Consumer Complaints ◽  
Financial Services Sector ◽  
Laws And Regulations

Abstract                Under the provisions of Article 22 paragraph (1) of the Financial Services Authority Regulation No. 1/POJK.07/2013 on Consumer Protection of the Financial Services Sector, whereas in the case of Business Service Actors using standard agreements, such standard agreements shall be prepared in accordance with the laws and regulations . However, based on the results of the research, in the current banking practice, the agreement format has been prepared unilaterally by the bank in the form of standard conditions set forth in the printed form, and then presented to applicant debtor for approval. This study aimed to find out about the role of the Financial Services Authority as a facilitator in providing accurate information and provide facilities for the settlement of consumer complaints. This research was an empirical research conducted in Makassar city. The results indicated that the Financial Services Authority as a facilitator, not optimal in protecting the mortgage debtor.Key Word : Role of the Financial Services Authority, Debtor Protection Abstrak             Berdasarkan ketentuan Pasal 22 ayat (1) Peraturan Otoritas Jasa Keuangan Nomor 1/POJK.07/2013 tentang Perlindungan Konsumen Sektor Jasa Keuangan, bahwa dalam hal Pelaku Usaha Jasa Keuangan menggunakan perjanjian baku, maka perjanjian baku tersebut wajib disusun sesuai dengan peraturan perundang-undangan. Namun, berdasarkan hasil penelitian, dalam praktik perbankan saat ini, format perjanjian telah disiapkan secara sepihak oleh pihak bank berupa syarat-syarat baku yang dituangkan dalam formulir yang sudah dicetak, dan kemudian disodorkan kepada calon nasabah debitor untuk disetujui. Penelitian ini bertujuan untuk mengetahui mengenai peran Otoritas Jasa Keuangan sebagai fasilitator dalam menyediakan informasi yang akurat serta memberikan fasilitas penyelesaian pengaduan konsumen. Penelitian ini merupakan penelitian empiris yang dilaksanakan di kota Makassar. Hasil penelitian menunjukkan bahwa Otoritas Jasa Keuangan sebagai fasilitator, belum optimal dalam melindungi debitor Kredit Pemilikan Rumah.Kata Kunci : Peran Otoritas Jasa Keuangan, Perlindungan Debitor   

scholarly journals Upaya Penyelesaian Sengketa atas Gagalnya Pengisian Saldo (Top Up) yang dialami Pengguna Kartu Tap Cash Bank Negara Indonesia

2020 ◽  
Vol 7 (1) ◽  
pp. 53-61
Author(s):  
Rahmadi Indra Tektona ◽  
Mardi Handono ◽  
Regina Yurisprastita Jufri
Keyword(s):  
Consumer Protection ◽  
Financial Services ◽  
Legal Protection ◽  
Electronic Money ◽  
Services Sector ◽  
Deductive Method ◽  
Sector Analysis ◽  
The Republic ◽  
Materials Used ◽  
Laws And Regulations

Writing aims to find out the effort to resolve disputes for Tap Cash BNI card users who have failed to top up, which results in losses to consumers. The focus of the problem is how to resolve disputes between the banks as Tap Cash card issuers and consumers of electronic money users. This research begins by reviewing various laws and regulations which form the basis of legal protection for card users, for this reason, it is used normative juridical research, by reviewing the applicable laws and regulations. the author also uses the concept of the rule of law which is obliged to provide legal guarantees. In the matter of efforts to resolve disputes for consumers using the BNI Tap Cash card, the concept of legal protection also applies based on the Law of the Republic of Indonesia Number 8 of 1999 concerning Consumer Protection and Financial Services Authority Regulation Number: 1 / POJK.07 / 2013 concerning Consumer Protection of the Financial Services Sector. Analysis of legal materials used is the analysis of legal materials with a deductive method which is a research method based on general concepts to provide concrete explanations of specific legal issues, data is collected through seminars, articles, and interviews and analyzed qualitatively. Based on the results of research conducted on the problem, it was found several forms of settlement efforts provided by the BNI bank namely the resolution of disputes outside the court and the resolution of disputes through the court.

scholarly journals LEGAL PROTECTION OF CONSUMERS ON FINTECH-BASED BUSINESS LOANS FOR SMALL AND MEDIUM ENTERPRISES (UMKM)

2020 ◽  
Vol 1 (2) ◽  
Author(s):  
Mellisa Rahmaini Lubis
Keyword(s):  
Venture Capital ◽  
Financial Institutions ◽  
Consumer Protection ◽  
Financial Services ◽  
Service Providers ◽  
Small And Medium Enterprises ◽  
Legal Protection ◽  
Services Sector ◽  
Medium Enterprises ◽  
Legal Consequences

Consumers loses have occurred in the practice of Fintech-based loans by non-bank financial institutions. The reports of losses arising from Fintech transactions has increased. This is because many Fintech organizers have not received permission from the OJK but are still able to conduct business activities in Indonesia. The problem in this study is: How is the supervision by the Financial Services Authority (OJK) of non-bank financial institutions providing fintech-based venture capital lenders for MSMEs? And how is the legal consequences of fintech-based business capital loan services for MSME entrepreneurs. The study used normative legal approach and the data analyzed by descriptive qualitative.          The results of this study indicate that supervision by the OJK of non-bank financial institutions providing fintech-based venture capital lenders for SMEs as a form of legal protection to consumers. It is carried out in the form of preventive and repressive protection. Preventive protection is implemented by enacting OJK Regulation Number 77 / POJK.01 / 2016, OJK Circular Letter Number 18 / SEOJK.02 / 2017 and OJK Regulation Number 1 / POJK.07 / 2013 concerning Consumer Protection in the Financial Services Sector. Repressive protection is by applying sanctions against fintech organizers who commit violations in the form of written warnings and fines; restrictions on business activities; and revocation of permission. The legal consequences arising from fintech-based business capital loan services for SMEs to fintech providers are required to improve standards and meet consumer protection aspects. The legal consequence for MSMEs is the potential for fraud and misuse of consumer data by Fintech service providers.

Sign in / Sign up

Export Citation Format

Share Document