Liability Of Business Actors For Breaches In Electronic Banking Systems

The main objective of this study is to analyze the legal consequences arising from data and funds breaches in electronic banking systems. This research uses a normative legal research method to examine the responsibilities of business actors in cases of electronic banking system breaches. The approaches used include legislative and conceptual approaches. The legal materials consist of primary legislation such as the 1945 Constitution, the Civil Code, and various laws related to banking, consumer protection, and personal data protection, supplemented by secondary and tertiary materials such as books, articles, and dictionaries. The legal materials are gathered through documentary studies to collect, analyze, and summarize information from relevant documents. Qualitative analysis is employed to provide a description and draw conclusions based on the available legal materials. The research findings indicate that the legal consequences of breaches of data and funds in electronic banking systems entail legal responsibility for the business actors. If the breach is due to the bank's error or negligence, the bank is required to compensate the customer for the amount lost. However, if the loss is due to the customer's own negligence, the bank is not liable for compensation. For legal protection, preventive measures include insuring customer funds through the Deposit Insurance Corporation, as stipulated in banking regulations. Additionally, repressive protection involves civil legal claims based on unlawful acts, with dispute resolution available through both non-litigation and litigation routes according to the Consumer Protection Law and the Electronic Information and Transactions Law.

Authors

Institutions

Publication Details

Journal
JURNAL HUKUM SEHASEN
Published
2024-10-11
DOI
https://doi.org/10.37676/jhs.v10i2.6839
Primary Topic
European and International Contract Law
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

Liability Of Business Actors For Breaches In Electronic Banking Systems

Abdul Halim Barkatullah, Reihana Pemuli
JURNAL HUKUM SEHASEN
European and International Contract Law
article

Liability Of Business Actors For Breaches In Electronic Banking Systems

Abdul Halim Barkatullah, Reihana Pemuli
article en

Abstract

The main objective of this study is to analyze the legal consequences arising from data and funds breaches in electronic banking systems. This research uses a normative legal research method to examine the responsibilities of business actors in cases of electronic banking system breaches. The approaches used include legislative and conceptual approaches. The legal materials consist of primary legislation such as the 1945 Constitution, the Civil Code, and various laws related to banking, consumer protection, and personal data protection, supplemented by secondary and tertiary materials such as books, articles, and dictionaries. The legal materials are gathered through documentary studies to collect, analyze, and summarize information from relevant documents. Qualitative analysis is employed to provide a description and draw conclusions based on the available legal materials. The research findings indicate that the legal consequences of breaches of data and funds in electronic banking systems entail legal responsibility for the business actors. If the breach is due to the bank's error or negligence, the bank is required to compensate the customer for the amount lost. However, if the loss is due to the customer's own negligence, the bank is not liable for compensation. For legal protection, preventive measures include insuring customer funds through the Deposit Insurance Corporation, as stipulated in banking regulations. Additionally, repressive protection involves civil legal claims based on unlawful acts, with dispute resolution available through both non-litigation and litigation routes according to the Consumer Protection Law and the Electronic Information and Transactions Law.

JURNAL HUKUM SEHASENVol. 10(2)
Lambung Mangkurat University (ID)
Openalex Percentile: Top 50%
European and International Contract Law
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.