Legal Protection for Users of Banking Cu
Legal Protection for Users of Banking Customer Credit Card Loss
by
Suwarsit, S.H., M.H., C.L.A
PART I
PRELIMINARY
1. Background Issues
With the rapid findings of the banking system, making financial transactions directed to the use
of money as a commodity that is not shaped concretely (intangible money). The use of money is
not cash in economic transactions already recognized is limited to the 18th century, at the
commencement of the evolution of the banking system, the process giralisasi and so forth.
Banks are always required to be professional in order to function efficiently. healthy and facing
global competition. In the era of globalization, the development of science and technology
advanced rapidly. It also occurs in the banking system, with banks required to adapt, to the
development of these technologies to serve its customers well.
Credit cards are a form of modern transactions that are not in cash. Although the existence of
credit cards is not intended to remove completely the system of payment by using cash or
checks, but mainly for the payment activities of day to day with a mid-level payment amount,
then the existence of a credit card can actually shift the role of money in cash or checks. For
payments that are not secondary level, it is the use of credit cards is still not popular. Because,
for small transactions, people tend to use cash, while for large transactions, the choice fell on the
means to pay the check or other securities.
The credit card is a tool shaped cards issued by banks and can be used for a wide variety of
financial teransaksi. Credit cards are awarded to the holder to be able to be used as means of
payment in many places have entered into a collaboration with the issuer of the card. Credit
cards, in addition to functioning as a means of payment can also serve as a tool ligitimasi for
someone whose name is entered in the respective card until the identity is exactly right to use the
facilities provided by the credit card in question.
The public need to use credit cards to meet economic activity showed a very rapid development
from year to year. In line with the increasing use of credit cards as a payment instrument, the
security level of technology, both card security and the security of the system used to process
transactions using a payment instrument with a credit card, needs to be improved in order to use
the card as a payment instrument can continue to run safely and smoothly.
This electronic payment system can provide comfort to the process faster and more efficient,
paperless, more flexible time, without the need to be present at the bank counter electronic funds
transfer has several advantages. But it must be recognized that the unique nature of the protection
against customers can become unclear, which can eventually lead to problems - problems arising
from the transaction. In fact, customers are often in the injured party, eg a transaction using a
credit card, as an example of the transaction has not been done by the owner of the credit card
but what happens notice from the bank about the credit card bill, the calculated credit limit or the
balance is wrong so cardholders cancel their shopping transactions, complaints from customers
regarding the interest rate that does not fit at the time of the agreement, it is obviously extremely
detrimental to the customer at the time of the transaction.
Credit cards, in the practice of frequent abuse of functions, and can be viewed two angles, first in
the sphere of civil law contract law as an act of default. For example using a credit card without
right or not as the case may be. Secondly, from the point of criminal law as crimes by using a
credit card advice, known as carding or card fraud.
Credit card fraud is highly dependent on lifestyle and technological progress, making the patterns
of crime following the growing community. Similarly, in the age of information technology,
emerging crimes in the field of information technology which is popular with the term
cybercrime.
Until now, Indonesia has not had a law that governs human activities in the field of information
technology, even the use of computer tools which began development in the Internet world even
if not owned. [1]
But some activists in cyberspace requires a new criminal law provisions or strengthening the
criminal law provisions of the old. [2] Some countries in the world in the Penal Code already
provides for computer crime or cybercrime. Those that regulate cybercrime separately as
Australia in the Cybercrime Act 2001, number 161, in 2001.
Credit card in one hand can provide ease of payment and interest-free within a certain period,
while on the other side of the credit card is a means of crime that are still rife, doubling both
credit cards and other crimes, using sophisticated technological means.
Based on the background of the problems that have been raised, the author would like to discuss
and pour in the form of paper with the title "LEGAL PROTECTION FOR USERS OF
BANKING CUSTOMERS CREDIT CARD LOSS."
2. Problem Formulation
As to the problem in writing this by basing on the background of the case, then the problem
formulation can be formulated by default as follows:
1. How is the Government's efforts to protect the parties in connection with a credit card?
2. Legislation Which are able to combat crime against a credit card?
3. How does the legal force of our laws and regulations in managing credit card fraud?
3. Purpose
In general, the study is intended to describe analytically about legal protection against kedit card
customers, while the special purpose of this study are as follows:
1. To identify and assess the legal relationship between the bank as provider services, especially
credit cards to customers.
2. Obtain a description of the protection of credit card customers in terms of the Criminal Code,
Law - Law No. 8 of 1999 on Consumer Protection, and Law No. 11 Year 2008 on Information
and Electronic Transactions.
3. To determine the factors - factors that become obstacles in the protection of credit card
customers.
CHAPTER II
OVERVIEW OF CREDIT CARD and
The procedure
1. Understanding Credit.
The word "credit" has been commonly used in banking practices in the provision of various
facilities related to loans. The same word is also found in the issuance of cards issued by
financial institutions, either the Bank or Non-Bank Financial Institutions (NBFIs), either
independently or in collaboration.
The word "credit" comes from the Roman "credere" which means belief or "credo" or "creditum"
which means I believe.
Black's Law Dictionary gives the sense that the credit is, which means: "Capabilities seoang
businesses to lend money, or obtaining goods in a timely manner, as a result of the argument that
the right of the lender, as well as the reliability and the ability to pay. [3]
2. Understanding Credit Card.
According to the Dictionary of economic credit cards are a translation of "plastic cards or similar
cards used financing the purchasing of products on credit. Credit cards issued by commercial
banks, hotel chains and traders ". [4]
According to A. F. Elly Erawaty and J. S. Badudu credit card is the "card issued by a bank or
other institution that issued in order to obtain money, goods or services on credit." [5]
From the above definition, it can be concluded that credit cards or credit cards are plastic money
issued by an institution that allows the cardholder to obtain credit on transactions
accomplishments and payment can be made in installments by paying interest (finance charge) or
all at once at a time have been determined. Customers will only be charged an annual fee as
determined by the bank.
3. Application of Elements of Credit in Credit Card Issuance
After discussing the definition of credit and credit cards, the question arises whether a credit card
is part of the credit and the extent of the elements contained in credit card loans.
Credit consists of four elements, where each element can be applied in the procedure of issuance
of credit cards, as follows:
1) Trust, which is the belief of the bank for the achievements it provides to customers, which will
nonpayment corresponding period of the agreement. Is a matter of principle in the issuance of
credit cards. Bank in assessing the eligibility of the applicant to consider based on the
completeness of data submitted by the applicant together with the application or the form that
has been signed by her.
2) time, namely the existence of a certain time period between the loan and the repayment period
and the previous advance has been agreed between the bank and the debtor. Issuance of credit
cards both for primary card holder and supplementary card within the time limit agreed upon,
generally twelve (12) months.
3) achievement, namely the existence of a specific object in the form of accomplishment and
achievement counter at the time of an agreement or an agreement between the bank's agreement
to extend credit to the debtor in the form of money and the interest or yield. Neither the Bank nor
the cardholder reciprocally provide achievement. Banks would recommend any usage or cash
withdrawal made by the card holder must be in accordance with the credit facility agreement.
While the cardholder must pay the costs, consists of the annual fee for primary card holder and
additional card tailored to the type of cards issued, the cost of withdrawing cash (cash advance)
will be charged an administrative fee of 4% (four per cent) of the amount withdrawn and interest
cash advance (cash advance) amounted to 3.5% (thirty five per ten per cent), a late payment
charge a minimum payment of the prescribed time limit of 5% (five percent) and interest
payments for the remainder charged at 2.5% ( two five per ten per cent), the cost of past use of
credit limits, fees for copies of bills and other expenses that agreement.
4) The risk, ie the risk that may occur in the period between the granting and repayment of the
loan, so as to secure the loan and cover possible defaults of debtors, then held binding guarantees
or collateral. Issuance of credit cards have high risk, due to the provision of credit facilities are
generally not required collateral. The bank is very risky, if not attributed coss collateral under the
credit facility that is owned in the bank.
4. The parties to the Credit Card.
Credit card marketing strategy as well as product marketing strategy - other bank products.
Where there are four parties involved in the marketing of credit cards, which include: [6]
1) The credit card issuer consisting of:
- Bank
- The financial institution specializing in the field of credit card issuance.
- Financial institutions in addition to moves in the issuance of credit cards, is engaged also in the
field of activities - activities of other financial institutions.
2) The credit card holder (customer).
3) The seller of goods or services (merchant).
4) The intermediary comprising:
- Intermediaries billing between sellers and publishers.
- Intermediaries payments between holders and publishers.
The basic concept of a credit card is a means of personal identification that is used to delay
payment of a transaction of goods and services. In some countries, the credit card company
should be subject to the laws that govern them. In the UK, is set in the Consumer Credit Act
1974, which card companies must follow the rules in the legislation in question, in addition to
banking regulations and agreements in general.
The general objective of the credit card companies, namely:
1) Accept as many customers who have credit worthiness.
2) Receive a trustworthy merchant.
3) Stimulate the use of the maximum credit line facility.
4) Limiting and reducing accounts receivable problems and irregularities.
5) Maximizing the average value of each transaction card (thus reducing the number of vouchers
whose value is small). [7]
CHAPTER III
LEGAL PROTECTION FOR BANKING CONSUMER CREDIT CARD CUSTOMERS
1. Credit Card Crime
Technological development with various forms of sophistication of information, communications
and transportation make increasingly prevalent mode of crimes committed by perpetrators, such
as by using a credit card.
Crimes against credit cards grew in number with various modes. From manual to the use of
advanced technology, of which is done by coercion and violence up in a way so subtle. Mode is
frequently used credit card offenders to perform the action is with the technological
sophistication mamanfaatkan a way to steal / break into the data and the element of fraud that is
requesting credit cardholder data when caught doing fraudulent transactions. Crimes with such
mode is known as carding instilah. Case carding or credit card fraud, the illegal use of credit
cards / unauthorized to order or buy goods via the Internet by stating the credit card number of
others for the payment of goods ordered / purchased.
Various methods are used to obtain credit card data, such as is done by:
a) Chat, is a powerful way while talking to do the event in barter Katu number of credit;
b) Bill or a credit card bill. Looking for a bill or bills from a garbage can or can occur party
stores (merchant) or cashier holding a copy (copy) and a copy of the bill or a credit card number
can also be to use a device to record data on the magnetic tape a credit card;
c) Entrapment gifts often used to hook people mention his credit card number. This trap can be
done by calling or SMS. Then carder ask credit card number and the cardholder trap;
d) Stealing data via telephone. For example, by calling someone and reported that the use of the
card limit has been reached. The cardholder immediately complain and it is used by the caller by
requesting the card number and other data to be checked in its database;
e) The final way is to use surveillance devices to obtain credit card numbers of potential victims.
Moreover, with the entry into the database of the Internet service provider or a commercial site
will get hundreds or even thousands of credit card numbers.
Here is an example of credit card fraud that occurred in Indonesia and outside of Indonesia:
a) a US district court has decided an owner of an Internet Service Provider (ISP) are guilty of
illegally using a credit card with a sentence of 18 months in prison. Yaegar otherwise been
involved in the use of unauthorized communication network on April 1, 2002. Yaeger proven to
use credit cards and carry out illegal transactions of up to approximately US $ 210,000.
b) There has been a burglary credit card four foreigners carried out by the student residents of
Yogyakarta. The piercing action using the services of internet cafes (cafe). Regarding credit card
numbers obtained from friends who are also frequent break-ins.
c) The case in Bandung involving seven students commit a crime by breaking into credit card
(carding) hundreds of people in the world through the Internet. Evidence can be secured consist
of money worth hundreds of millions of rupiah from the hands of the suspects. Plotters caught
carding have done at least 221 times. Modus committed by the suspects, previously opened
several commercial sites via the internet. Furthermore, through the websites of the suspects see
the items that will be auctioned together carder lainnyadi abroad, and ends by looking for credit
card numbers. This credit card is used to purchase goods that will be sold through the site earlier.
Before using a credit card, the suspect must first look at financial kamampuan from their owners,
and after obtaining the financial certainty, the suspect immediately ordered certain goods by
using someone else's credit card.
d) The case that ensnared Seno Adjie and Rudy Demsy of the crime of theft and corruption
because it has been illegally transferred funds from Bank BNI with a computer / Internet. In
1986 in the United States, Seno Adjie and Rudy Demsy have to move or transfer the money
belonging to BNI amounting to more than US $ 18 million, put in some of their personal
accounts in Panama. The transfer of activities to do in a hotel room in New York using a
computer and a modem to connect to the computer network of Bank BNI. Supreme Court to
consider computer technology / Internet as a medium or tool used to commit the crime of theft of
money. The court sentenced the criminal misuse of computer / internet as committing criminal
offenses of corruption or theft. [8]
In addition to digital crimes committed against credit cards, too much going on manual crimes
such as theft, doubling the transaction slip, the billing of the transaction that is not done, the
attitude debt collectors who often contain elements of criminal acts of violence.
One example of an arbitrary attitude experienced by the debt collector Bambang Mulyono. He
claimed to have paid off their credit card bills amounting to USD 1.5 million as much as 4 times
the period of payment. But then there are people who claim to be a debt collector from Bank
Danamon came to his house, and forced take LG 21 inch TV in lieu of payment. [9]
The issue of credit cards emerged in tandem with the rapid number of credit card users.
Ironically, when problems arise such as the above, the consumer is often blamed as card users,
even though the banks as providers (providers) have a significant presence in the complexity of
the issue.
2. Application of the Criminal Code as the Basis for Credit Card Crime
Law Firm of the National Development and try to identify the forms of crimes related to the
activities in cyberspace [10] including credit card fraud with criminal legislation there. The
results of the categorization act of identification in the form of cybercrime offenses into the
Criminal Code as follows:
a) Joycomputing, defined as someone who uses a computer pebuatan unlawfully or without
permission and using it beyond the authority given. This action can be categorized as a criminal
act of theft (Article 362 Penal Code).
b) Hacking, interpreted as an act of grafting by adding a new computer terminal in a computer
network system without permission (unlawfully) from the legitimate owner of the computer
network. This action can be categorized as a crime act without authority by forcing entry into the
house or a closed room or yard, or without the right to walk on land owned by another person
(Article 167 and Article 551 Penal Code).
c) The Trojan Horse, defined as a procedure to add, subtract or change of instructions in a
program other than the actual duties will also perform other duties that are not valid. This action
can be categorized as a criminal offense evasion (Article 372 and Article 374 Penal Code). If the
financial losses incurred concerning the State, these actions can be categorized as corruption.
d) Data leakage, defined as leakage of confidential data is done by writing the confidential data
into a specific code so that the data can be taken out without being noticed by the responsible
party. This action can be categorized as a crime against the security of the State (Article 112,
Article 113 and Article 114 of the Criminal Code) and criminal offenses unlock the secrets of the
company or the obligation to keep secret the profession or position (Article 322 and Article 323
Penal Code).
e) Data diddling, interpreted as an act of changing data is valid or invalid lawful manner, that is
by changing the input data or output data. This action can be categorized as a criminal offense
Counterfeiting Letter (Article 263 of the Criminal Code).
f) waste of computer data, interpreted as an act done with an intent to damage or destroy the
media floppy disks and other similar storage media containing data or computer programs, so as
a result of the act of data or programs intended to be not working anymore and work- work
through a computer program can not be implemented. This action can be categorized as the
destruction of goods (Article 406 Penal Code).
g) Carder, is defined as a credit card user without rights. Carder used to ensnare criminal fraud
(Article 378 and Article
3. Bill on Information and Electronic Transactions For Credit Card Crime Settings
According to Ahmad Ramli, as Chairman of the drafting team Bill No. 11 Year 2008 on
Information and Electronic Transactions from Padjadjaran University, takes a rule with provision
umbrella concept that encapsulates a lot of things to facilitate the police in uncovering
cybercrime. Under the Act there are five (5) Article governing cybercrime, namely:
1) Article 47, which contains sanctions Article 30 (governing the prohibition to intentionally and
unlawfully using or accessing a computer or electronic system with the intent to obtain or alter
information).
2) Article 48, contain threats or sanctions Article 24 and Article 29 paragraph (1).
• Article 24 regulates the obligation of electronic agent to provide the opportunity for the parties
to use when intending to make changes to the information submitted through electronic agents
that are still in the transaction process.
• Article 29 paragraph (1) regulating the obligation to the consent of the owner of the data in the
use of any information through electronic media concerning an individual's personal rights.
3) Article 49 contains criminal of Article 27 paragraph (2) which regulates the obligations of
ownership and use of domain names based on good faith.
4) Article 50 which contain threats or criminal in Article 30, Article 32, Article 33, Article 36, or
Article 37, which regulates the prohibition of access, use and damage the computer or electronic
system is protected by the state, causing disruption or danger to the state.
5) Article 51 containing threats or criminal in Article 34, Article 35, or Article 36, which
regulates the prohibition to use, access the computer and or electronic system or credit card /
payment card unlawfully and exceeding authority with the intent to benefit thereby affecting
electronic financial system and banking or protected.
4. Consumer Protection Act
Credit card customers have a notch (bargain position) is weak when compared with the bank, so
that when a problem arises it will be detrimental to customers. Customers often become objects
of business activity to profit as much as possible, for example through the promotion or
advertising either print or electronic media, how the sale and application of the standard
agreement or standard (standard contract) is prejudicial to the rights - the rights and interests of
customers. Therefore, it is necessary to have a regulation that protects the interests of consumers,
namely Law No. 8 of 1999 on Consumer Protection hereinafter called the Consumer Protection
Act.
Credit Card Issuance between the Bank and the customer can not be released from the
engagement is made between the two sides, which is sourced from the agreement.
Agreement stipulated in the Civil Code of Engagement book III, Chapter Two, Part One up to the
Fourth Section.
Article 1313 of the Civil Code provides the formulation of the "agreement" as follows: "A treaty
is an act by which one or more persons bind himself to one or more other people."
Furthermore, according to Article 1320 of the Civil Code, formulated that approval is required
for the validity of the terms:
1. their agreement unites himself
2. The ability to make an engagement
3. a certain thing
4. a cause that halal
According to R. Setiawan, these formulations in addition to incomplete also very spacious.
Incomplete because it only mentions one-sided agreement. Very widely used because of the word
"acts" included representatives from voluntary and tort. In connection with that, it would need to
be held for improvement regarding the definition, namely:
a) The act shall be construed as legal actions;
b) Adding the words "or mutually bound themselves" in Article 1313 of the Civil Code.
So that the formulation to be: "The agreement is a legal act, in which one or more persons bind
himself or mutually bound themselves to one or more persons." [11]
Understanding Subekti experts proposed agreement, which says: "An agreement is an event
where a promise to one another or where the two men promised each other to accomplish a
thing." [12]
Of both articles can be concluded that the treaty adheres to the principle of freedom of contract.
Freedom here means that all the parties to the agreement are free to determine what and with
whom the agreement is made. Its implementation is based on the agreement of both parties, the
extent not inconsistent with the Act - Act. The principle of freedom of contract is an important
principle in the law of treaties. But in this case the principle of freedom of contract can not be
implemented fully in the agreement between the customer and the bank, because banks use
agreement is a standard agreement.
Legal relationship between the bank and its customers credit card services, there is the
precautionary principle in it. Agreement between the bank and the prospective customer
basically has the same shape and material between banks to one another, which is done in written
form. If the agreement has been approved by both parties it was an agreement between the bank
and the client. So between the bank and its customers credit card services can give birth to a
legal relationship.
Mariam Darus Badrulzamam provides a definition of the standard agreement as a treaty whose
contents are standardized and set forth in a form. [13] In a standard agreement the customer has
no right to refuse or disagree tehadap the treaty.
Agreement or clause is standard in accordance with the provisions of Article 1 point 10 of Law
No. 8 of 1999 on Consumer Protection, are: any rules or terms and conditions have been
prepared and determined in advance unilaterally by businesses set forth in a document or a
binding agreement and shall be met by consumers.
In the manufacture of raw agreement or this standard bank as businesses are given limits - limits
that are not listed - things that hurt customers as consumers. Limits - the limits set forth in Article
18 of BFL. In addition to the applicable UUPK, particularly the provisions concerning the
inclusion of standard clauses as stipulated in Article 18 of BFL, civil responsibility on the basis
of agreement or contract of businesses still remain valid legal agreement as published in the book
III of the Civil Code.
As applicable during this time, in the agreement or the usual banking applications, listed standard
clause regarding the applicable provisions in the bank. Customers generally do not have a chance
no chance to negotiate such clauses. From the research, it appears that one of the standard
clauses banking is often at issue is the provision stating that the customer is subject to the
provisions made bank, both current as well as later determined by the bank.
In the application of credit card agreements are their exoneration clauses that are not in
accordance with Article 18 of BFL. The contents of the application credit card agreement is
"When I expressed negligent in carrying out the obligations arising from use of the card, I
volunteered to hand over the property of mine to the Bank Card Center to compensate for, sell or
to liquidate such property in order to settle all my obligations are ".
In this case the clauses are not in accordance with Article 18 point f stating entitles businesses to
reduce the benefits of the services or reduce the wealth of consumers who become the object of
buying and selling services.
Actually clause in-app credit card agreement is not contrary to Article 18, but the problem is who
and how to determine whether the customer is correct - it was negligent or not, because it does
not rule out also that the Bank itself is wrong, for example, the existence of technical errors or
human error committed by the Bank.
5. Weakness Customer Credit Card Protection
Legal protection against credit card customer service users can not run properly. many factors
that become obstacles that may affect the implementation of the legal protection of the
customers' credit card service users, among others:
a) In terms of businesses
Does not rule out the possibility that large that the obstacles encountered in protecting credit card
customers also come from the entrepreneurs themselves, this is because regarding human error,
where the error occurred in the credit card transaction is also constituted by the Bank, for
example, the bank is responsible to obtain a receipt from the recipient of the money, funds
transfer issue that does not get into the hands of credit card customers.
b) In terms of the customer as a consumer
Whereby the credit card holder as consumers do not read information that is clear and less
scrupulous upon signing the credit card application.
c) In terms of other (technology and responsibilities related parties)
• Allows for the misuse or abuse of electronic services by parties who are not responsible.
· Customers will have difficulty making a claim to the bank in case of problems because several
electronic services, because there is no evidence of transactions made by customers.
· Conditions VSAT (Vertical Satellite Network) is a network of communication is often a
bottleneck, because of the advanced technology used by banks has not been able to provide
maximum comfort for its customers.
• Human resources are less supportive.
• Lack of involvement of the parties relating to the protection of credit card customers, namely
Bank Indonesia in its efforts to provide protection for bank customers is still limited to the
operations of a bank. Institutions or consumer protection has not played an active role in
providing protection to consumers as well as to banking customers. This is due to lack of
sosilalisasi of these institutions so that banking customers do not have enough information about
the existence of this institution. The survey results revealed that when problems occur among
banking customers with the bank then resolved through consultation between the customer and
the bank. This is caused by because it involves the credibility of the bank name in the eyes of the
public.
d) In terms of Legislation
That there had been no specific regulations regarding Electronic Funds Transfer transactions,
especially credit cards in Indonesia to be used as a reference or basis. Although the current
government has adopted Law - Law No. 11 Year 2008 on Information and Electronic
Transaction, but felt the Act - the law is not efficient, it is because there is criticism in the body
of the Act - legislation itself. Setting policies to deal with crimes arising through credit cards
seems unclear and is still in doubt - doubt. In Law - Law No. 11 Year 2008 on Information and
Electronic Transactions there is only one chapter that regulates credit card crime, which is
associated with the act of using and / or access someone else's credit card unlawfully. Based on
the credit card transaction process flow, the provisions of Article 51 of Law No. 11 Year 2008 on
Information and Electronic Transactions can only reach a foul on card embossing and delivery
stages (Courir / recipient or customer) and usage.
However, not all the modus operandi in these stages can be affordable, because the provisions of
Article 51 and Article 34 only regulate actions by people who use credit cards, but do not include
the merchant or also the organizer that can also be perpetrators of credit card crime. [14]. So in
case of problems associated with this, using the Law - Law No. 8 of 1999 on Consumer
Protection to complete, although UUPK itself does not specifically regulate EFT transactions,
especially credit card using technological means.
CHAPTER V
COVER
1. Conclusions
1. Credit card crime has not been found normatively formulation in positive law. BPHN have
tried to identify the forms of crimes related to the activities in cyberspace, including credit card
fraud with criminal legislation there.
2. Still weak protection of the Act No. 8 of 1999 on Consumer Protection against credit card
customers are characterized by the dominance of the Bank makes standard clauses, which tend to
harm customers.
3. Policy setting credit card crime seems uncertain and still undecided. In Law No. 11 Year 2008
on Information and Electronic Transactions there is only one chapter that regulates credit card
crime, which is associated with the act of using and / or access someone else's credit card
unlawfully. Based on the credit card transaction process flow, the provisions of Article 51 of Law
No. 11 Year 2008 on Information and Electronic Transactions can only reach a foul on stage and
act using or accessing someone else's credit card without rights. The provisions of Article 51 and
Article 34 only regulates acts committed by people who use credit cards, but not including
merchants or managers that can also be perpetrators of credit card crime.
2. Suggestions
1. Where the formulation of credit card crime simply by relying on the provisions of Article 51
and Article 34 of the Law on Information and Electronic Transactions certainly not enough to
protect the public and the parties concerned, it still needs a more representative formulation that
can reach all forms of credit card fraud.
2. Safeguard law against credit card customers can be realized with the participation of various
parties. Parties should be proactive customers to understand their rights and obligations. while
the Bank should be more open and improve its performance, so that the legal relationship
between the bank and its customers credit card will work well for both sides to know their rights
and obligations, so that the customer confidence in the bank is increasing.
[1] Sigid Suseno, 2004. Crime in the Credit Card Information and Electronic Transaction Bill,
Parahyangan Catholic University, Bandung.
[2] The Legal Framework. Unauthorized Access to Computer Systems, Penal Legislation in 37
Countries. http://www.mossbyrett.of.no/info/legal.html. 15 February 2000
[3] Johannes Abraham, 2004 The dilemma CONTRACT AND EVIL, Refika Aditama, Bandung,
h. 7.
[4] Collins, 1988, DICTIONARY OF ECONOMICS, Collins Reference, Cambrige, h. 105.
[5] A. F.Elly Erawaty and J. S. Badudu, 1996, ECONOMIC LAW DICTIONARY, ELIPS,
Jakarta, p.27
[6] Munir Fuady, 1999 LAW ON FINANCING (IN THEORY AND PRACTICE), PT.Citra
Aditya Bakti, Bandung, hal.174-177
[7] Dahlan Siamat, 1999 MANAGEMENT FINANCIAL INSTITUTIONS, Faculty of
Economics, University of Indonesia, Jakarta, p. 353.
[8] http://www.hukumonline.com
[9] http://www.tempointeraktif.com/hg/ekbis/2005/05/22/brk,20050522-61334,id.html
[10] National Legal Development Agency, 1995/1996, DEVELOPMENT DEVELOPMENT OF
THE NATIONAL LAW AND INFORMATION TECHNOLOGY LAW, BPHN-Ministry of
Justice of the Republic of Indonesia, p. 32-34.
[11] R. Setiawan, 1979, FUNDAMENTALS OF LAW engagement, Binacipta, Bandung, p. 49.
[12] Subekti, 1984, LEGAL AGREEMENT, Intermasa, Jakarta, p. 1.
[13] Mariam Darus Badrulzamam, 1980, PROTECTING CONSUMER VIEWS FROM BAKU
AGREEMENT, Jakarta, Hal. 5
[14] Sigid Suseno, op.cit, p. 12
by
Suwarsit, S.H., M.H., C.L.A
PART I
PRELIMINARY
1. Background Issues
With the rapid findings of the banking system, making financial transactions directed to the use
of money as a commodity that is not shaped concretely (intangible money). The use of money is
not cash in economic transactions already recognized is limited to the 18th century, at the
commencement of the evolution of the banking system, the process giralisasi and so forth.
Banks are always required to be professional in order to function efficiently. healthy and facing
global competition. In the era of globalization, the development of science and technology
advanced rapidly. It also occurs in the banking system, with banks required to adapt, to the
development of these technologies to serve its customers well.
Credit cards are a form of modern transactions that are not in cash. Although the existence of
credit cards is not intended to remove completely the system of payment by using cash or
checks, but mainly for the payment activities of day to day with a mid-level payment amount,
then the existence of a credit card can actually shift the role of money in cash or checks. For
payments that are not secondary level, it is the use of credit cards is still not popular. Because,
for small transactions, people tend to use cash, while for large transactions, the choice fell on the
means to pay the check or other securities.
The credit card is a tool shaped cards issued by banks and can be used for a wide variety of
financial teransaksi. Credit cards are awarded to the holder to be able to be used as means of
payment in many places have entered into a collaboration with the issuer of the card. Credit
cards, in addition to functioning as a means of payment can also serve as a tool ligitimasi for
someone whose name is entered in the respective card until the identity is exactly right to use the
facilities provided by the credit card in question.
The public need to use credit cards to meet economic activity showed a very rapid development
from year to year. In line with the increasing use of credit cards as a payment instrument, the
security level of technology, both card security and the security of the system used to process
transactions using a payment instrument with a credit card, needs to be improved in order to use
the card as a payment instrument can continue to run safely and smoothly.
This electronic payment system can provide comfort to the process faster and more efficient,
paperless, more flexible time, without the need to be present at the bank counter electronic funds
transfer has several advantages. But it must be recognized that the unique nature of the protection
against customers can become unclear, which can eventually lead to problems - problems arising
from the transaction. In fact, customers are often in the injured party, eg a transaction using a
credit card, as an example of the transaction has not been done by the owner of the credit card
but what happens notice from the bank about the credit card bill, the calculated credit limit or the
balance is wrong so cardholders cancel their shopping transactions, complaints from customers
regarding the interest rate that does not fit at the time of the agreement, it is obviously extremely
detrimental to the customer at the time of the transaction.
Credit cards, in the practice of frequent abuse of functions, and can be viewed two angles, first in
the sphere of civil law contract law as an act of default. For example using a credit card without
right or not as the case may be. Secondly, from the point of criminal law as crimes by using a
credit card advice, known as carding or card fraud.
Credit card fraud is highly dependent on lifestyle and technological progress, making the patterns
of crime following the growing community. Similarly, in the age of information technology,
emerging crimes in the field of information technology which is popular with the term
cybercrime.
Until now, Indonesia has not had a law that governs human activities in the field of information
technology, even the use of computer tools which began development in the Internet world even
if not owned. [1]
But some activists in cyberspace requires a new criminal law provisions or strengthening the
criminal law provisions of the old. [2] Some countries in the world in the Penal Code already
provides for computer crime or cybercrime. Those that regulate cybercrime separately as
Australia in the Cybercrime Act 2001, number 161, in 2001.
Credit card in one hand can provide ease of payment and interest-free within a certain period,
while on the other side of the credit card is a means of crime that are still rife, doubling both
credit cards and other crimes, using sophisticated technological means.
Based on the background of the problems that have been raised, the author would like to discuss
and pour in the form of paper with the title "LEGAL PROTECTION FOR USERS OF
BANKING CUSTOMERS CREDIT CARD LOSS."
2. Problem Formulation
As to the problem in writing this by basing on the background of the case, then the problem
formulation can be formulated by default as follows:
1. How is the Government's efforts to protect the parties in connection with a credit card?
2. Legislation Which are able to combat crime against a credit card?
3. How does the legal force of our laws and regulations in managing credit card fraud?
3. Purpose
In general, the study is intended to describe analytically about legal protection against kedit card
customers, while the special purpose of this study are as follows:
1. To identify and assess the legal relationship between the bank as provider services, especially
credit cards to customers.
2. Obtain a description of the protection of credit card customers in terms of the Criminal Code,
Law - Law No. 8 of 1999 on Consumer Protection, and Law No. 11 Year 2008 on Information
and Electronic Transactions.
3. To determine the factors - factors that become obstacles in the protection of credit card
customers.
CHAPTER II
OVERVIEW OF CREDIT CARD and
The procedure
1. Understanding Credit.
The word "credit" has been commonly used in banking practices in the provision of various
facilities related to loans. The same word is also found in the issuance of cards issued by
financial institutions, either the Bank or Non-Bank Financial Institutions (NBFIs), either
independently or in collaboration.
The word "credit" comes from the Roman "credere" which means belief or "credo" or "creditum"
which means I believe.
Black's Law Dictionary gives the sense that the credit is, which means: "Capabilities seoang
businesses to lend money, or obtaining goods in a timely manner, as a result of the argument that
the right of the lender, as well as the reliability and the ability to pay. [3]
2. Understanding Credit Card.
According to the Dictionary of economic credit cards are a translation of "plastic cards or similar
cards used financing the purchasing of products on credit. Credit cards issued by commercial
banks, hotel chains and traders ". [4]
According to A. F. Elly Erawaty and J. S. Badudu credit card is the "card issued by a bank or
other institution that issued in order to obtain money, goods or services on credit." [5]
From the above definition, it can be concluded that credit cards or credit cards are plastic money
issued by an institution that allows the cardholder to obtain credit on transactions
accomplishments and payment can be made in installments by paying interest (finance charge) or
all at once at a time have been determined. Customers will only be charged an annual fee as
determined by the bank.
3. Application of Elements of Credit in Credit Card Issuance
After discussing the definition of credit and credit cards, the question arises whether a credit card
is part of the credit and the extent of the elements contained in credit card loans.
Credit consists of four elements, where each element can be applied in the procedure of issuance
of credit cards, as follows:
1) Trust, which is the belief of the bank for the achievements it provides to customers, which will
nonpayment corresponding period of the agreement. Is a matter of principle in the issuance of
credit cards. Bank in assessing the eligibility of the applicant to consider based on the
completeness of data submitted by the applicant together with the application or the form that
has been signed by her.
2) time, namely the existence of a certain time period between the loan and the repayment period
and the previous advance has been agreed between the bank and the debtor. Issuance of credit
cards both for primary card holder and supplementary card within the time limit agreed upon,
generally twelve (12) months.
3) achievement, namely the existence of a specific object in the form of accomplishment and
achievement counter at the time of an agreement or an agreement between the bank's agreement
to extend credit to the debtor in the form of money and the interest or yield. Neither the Bank nor
the cardholder reciprocally provide achievement. Banks would recommend any usage or cash
withdrawal made by the card holder must be in accordance with the credit facility agreement.
While the cardholder must pay the costs, consists of the annual fee for primary card holder and
additional card tailored to the type of cards issued, the cost of withdrawing cash (cash advance)
will be charged an administrative fee of 4% (four per cent) of the amount withdrawn and interest
cash advance (cash advance) amounted to 3.5% (thirty five per ten per cent), a late payment
charge a minimum payment of the prescribed time limit of 5% (five percent) and interest
payments for the remainder charged at 2.5% ( two five per ten per cent), the cost of past use of
credit limits, fees for copies of bills and other expenses that agreement.
4) The risk, ie the risk that may occur in the period between the granting and repayment of the
loan, so as to secure the loan and cover possible defaults of debtors, then held binding guarantees
or collateral. Issuance of credit cards have high risk, due to the provision of credit facilities are
generally not required collateral. The bank is very risky, if not attributed coss collateral under the
credit facility that is owned in the bank.
4. The parties to the Credit Card.
Credit card marketing strategy as well as product marketing strategy - other bank products.
Where there are four parties involved in the marketing of credit cards, which include: [6]
1) The credit card issuer consisting of:
- Bank
- The financial institution specializing in the field of credit card issuance.
- Financial institutions in addition to moves in the issuance of credit cards, is engaged also in the
field of activities - activities of other financial institutions.
2) The credit card holder (customer).
3) The seller of goods or services (merchant).
4) The intermediary comprising:
- Intermediaries billing between sellers and publishers.
- Intermediaries payments between holders and publishers.
The basic concept of a credit card is a means of personal identification that is used to delay
payment of a transaction of goods and services. In some countries, the credit card company
should be subject to the laws that govern them. In the UK, is set in the Consumer Credit Act
1974, which card companies must follow the rules in the legislation in question, in addition to
banking regulations and agreements in general.
The general objective of the credit card companies, namely:
1) Accept as many customers who have credit worthiness.
2) Receive a trustworthy merchant.
3) Stimulate the use of the maximum credit line facility.
4) Limiting and reducing accounts receivable problems and irregularities.
5) Maximizing the average value of each transaction card (thus reducing the number of vouchers
whose value is small). [7]
CHAPTER III
LEGAL PROTECTION FOR BANKING CONSUMER CREDIT CARD CUSTOMERS
1. Credit Card Crime
Technological development with various forms of sophistication of information, communications
and transportation make increasingly prevalent mode of crimes committed by perpetrators, such
as by using a credit card.
Crimes against credit cards grew in number with various modes. From manual to the use of
advanced technology, of which is done by coercion and violence up in a way so subtle. Mode is
frequently used credit card offenders to perform the action is with the technological
sophistication mamanfaatkan a way to steal / break into the data and the element of fraud that is
requesting credit cardholder data when caught doing fraudulent transactions. Crimes with such
mode is known as carding instilah. Case carding or credit card fraud, the illegal use of credit
cards / unauthorized to order or buy goods via the Internet by stating the credit card number of
others for the payment of goods ordered / purchased.
Various methods are used to obtain credit card data, such as is done by:
a) Chat, is a powerful way while talking to do the event in barter Katu number of credit;
b) Bill or a credit card bill. Looking for a bill or bills from a garbage can or can occur party
stores (merchant) or cashier holding a copy (copy) and a copy of the bill or a credit card number
can also be to use a device to record data on the magnetic tape a credit card;
c) Entrapment gifts often used to hook people mention his credit card number. This trap can be
done by calling or SMS. Then carder ask credit card number and the cardholder trap;
d) Stealing data via telephone. For example, by calling someone and reported that the use of the
card limit has been reached. The cardholder immediately complain and it is used by the caller by
requesting the card number and other data to be checked in its database;
e) The final way is to use surveillance devices to obtain credit card numbers of potential victims.
Moreover, with the entry into the database of the Internet service provider or a commercial site
will get hundreds or even thousands of credit card numbers.
Here is an example of credit card fraud that occurred in Indonesia and outside of Indonesia:
a) a US district court has decided an owner of an Internet Service Provider (ISP) are guilty of
illegally using a credit card with a sentence of 18 months in prison. Yaegar otherwise been
involved in the use of unauthorized communication network on April 1, 2002. Yaeger proven to
use credit cards and carry out illegal transactions of up to approximately US $ 210,000.
b) There has been a burglary credit card four foreigners carried out by the student residents of
Yogyakarta. The piercing action using the services of internet cafes (cafe). Regarding credit card
numbers obtained from friends who are also frequent break-ins.
c) The case in Bandung involving seven students commit a crime by breaking into credit card
(carding) hundreds of people in the world through the Internet. Evidence can be secured consist
of money worth hundreds of millions of rupiah from the hands of the suspects. Plotters caught
carding have done at least 221 times. Modus committed by the suspects, previously opened
several commercial sites via the internet. Furthermore, through the websites of the suspects see
the items that will be auctioned together carder lainnyadi abroad, and ends by looking for credit
card numbers. This credit card is used to purchase goods that will be sold through the site earlier.
Before using a credit card, the suspect must first look at financial kamampuan from their owners,
and after obtaining the financial certainty, the suspect immediately ordered certain goods by
using someone else's credit card.
d) The case that ensnared Seno Adjie and Rudy Demsy of the crime of theft and corruption
because it has been illegally transferred funds from Bank BNI with a computer / Internet. In
1986 in the United States, Seno Adjie and Rudy Demsy have to move or transfer the money
belonging to BNI amounting to more than US $ 18 million, put in some of their personal
accounts in Panama. The transfer of activities to do in a hotel room in New York using a
computer and a modem to connect to the computer network of Bank BNI. Supreme Court to
consider computer technology / Internet as a medium or tool used to commit the crime of theft of
money. The court sentenced the criminal misuse of computer / internet as committing criminal
offenses of corruption or theft. [8]
In addition to digital crimes committed against credit cards, too much going on manual crimes
such as theft, doubling the transaction slip, the billing of the transaction that is not done, the
attitude debt collectors who often contain elements of criminal acts of violence.
One example of an arbitrary attitude experienced by the debt collector Bambang Mulyono. He
claimed to have paid off their credit card bills amounting to USD 1.5 million as much as 4 times
the period of payment. But then there are people who claim to be a debt collector from Bank
Danamon came to his house, and forced take LG 21 inch TV in lieu of payment. [9]
The issue of credit cards emerged in tandem with the rapid number of credit card users.
Ironically, when problems arise such as the above, the consumer is often blamed as card users,
even though the banks as providers (providers) have a significant presence in the complexity of
the issue.
2. Application of the Criminal Code as the Basis for Credit Card Crime
Law Firm of the National Development and try to identify the forms of crimes related to the
activities in cyberspace [10] including credit card fraud with criminal legislation there. The
results of the categorization act of identification in the form of cybercrime offenses into the
Criminal Code as follows:
a) Joycomputing, defined as someone who uses a computer pebuatan unlawfully or without
permission and using it beyond the authority given. This action can be categorized as a criminal
act of theft (Article 362 Penal Code).
b) Hacking, interpreted as an act of grafting by adding a new computer terminal in a computer
network system without permission (unlawfully) from the legitimate owner of the computer
network. This action can be categorized as a crime act without authority by forcing entry into the
house or a closed room or yard, or without the right to walk on land owned by another person
(Article 167 and Article 551 Penal Code).
c) The Trojan Horse, defined as a procedure to add, subtract or change of instructions in a
program other than the actual duties will also perform other duties that are not valid. This action
can be categorized as a criminal offense evasion (Article 372 and Article 374 Penal Code). If the
financial losses incurred concerning the State, these actions can be categorized as corruption.
d) Data leakage, defined as leakage of confidential data is done by writing the confidential data
into a specific code so that the data can be taken out without being noticed by the responsible
party. This action can be categorized as a crime against the security of the State (Article 112,
Article 113 and Article 114 of the Criminal Code) and criminal offenses unlock the secrets of the
company or the obligation to keep secret the profession or position (Article 322 and Article 323
Penal Code).
e) Data diddling, interpreted as an act of changing data is valid or invalid lawful manner, that is
by changing the input data or output data. This action can be categorized as a criminal offense
Counterfeiting Letter (Article 263 of the Criminal Code).
f) waste of computer data, interpreted as an act done with an intent to damage or destroy the
media floppy disks and other similar storage media containing data or computer programs, so as
a result of the act of data or programs intended to be not working anymore and work- work
through a computer program can not be implemented. This action can be categorized as the
destruction of goods (Article 406 Penal Code).
g) Carder, is defined as a credit card user without rights. Carder used to ensnare criminal fraud
(Article 378 and Article
3. Bill on Information and Electronic Transactions For Credit Card Crime Settings
According to Ahmad Ramli, as Chairman of the drafting team Bill No. 11 Year 2008 on
Information and Electronic Transactions from Padjadjaran University, takes a rule with provision
umbrella concept that encapsulates a lot of things to facilitate the police in uncovering
cybercrime. Under the Act there are five (5) Article governing cybercrime, namely:
1) Article 47, which contains sanctions Article 30 (governing the prohibition to intentionally and
unlawfully using or accessing a computer or electronic system with the intent to obtain or alter
information).
2) Article 48, contain threats or sanctions Article 24 and Article 29 paragraph (1).
• Article 24 regulates the obligation of electronic agent to provide the opportunity for the parties
to use when intending to make changes to the information submitted through electronic agents
that are still in the transaction process.
• Article 29 paragraph (1) regulating the obligation to the consent of the owner of the data in the
use of any information through electronic media concerning an individual's personal rights.
3) Article 49 contains criminal of Article 27 paragraph (2) which regulates the obligations of
ownership and use of domain names based on good faith.
4) Article 50 which contain threats or criminal in Article 30, Article 32, Article 33, Article 36, or
Article 37, which regulates the prohibition of access, use and damage the computer or electronic
system is protected by the state, causing disruption or danger to the state.
5) Article 51 containing threats or criminal in Article 34, Article 35, or Article 36, which
regulates the prohibition to use, access the computer and or electronic system or credit card /
payment card unlawfully and exceeding authority with the intent to benefit thereby affecting
electronic financial system and banking or protected.
4. Consumer Protection Act
Credit card customers have a notch (bargain position) is weak when compared with the bank, so
that when a problem arises it will be detrimental to customers. Customers often become objects
of business activity to profit as much as possible, for example through the promotion or
advertising either print or electronic media, how the sale and application of the standard
agreement or standard (standard contract) is prejudicial to the rights - the rights and interests of
customers. Therefore, it is necessary to have a regulation that protects the interests of consumers,
namely Law No. 8 of 1999 on Consumer Protection hereinafter called the Consumer Protection
Act.
Credit Card Issuance between the Bank and the customer can not be released from the
engagement is made between the two sides, which is sourced from the agreement.
Agreement stipulated in the Civil Code of Engagement book III, Chapter Two, Part One up to the
Fourth Section.
Article 1313 of the Civil Code provides the formulation of the "agreement" as follows: "A treaty
is an act by which one or more persons bind himself to one or more other people."
Furthermore, according to Article 1320 of the Civil Code, formulated that approval is required
for the validity of the terms:
1. their agreement unites himself
2. The ability to make an engagement
3. a certain thing
4. a cause that halal
According to R. Setiawan, these formulations in addition to incomplete also very spacious.
Incomplete because it only mentions one-sided agreement. Very widely used because of the word
"acts" included representatives from voluntary and tort. In connection with that, it would need to
be held for improvement regarding the definition, namely:
a) The act shall be construed as legal actions;
b) Adding the words "or mutually bound themselves" in Article 1313 of the Civil Code.
So that the formulation to be: "The agreement is a legal act, in which one or more persons bind
himself or mutually bound themselves to one or more persons." [11]
Understanding Subekti experts proposed agreement, which says: "An agreement is an event
where a promise to one another or where the two men promised each other to accomplish a
thing." [12]
Of both articles can be concluded that the treaty adheres to the principle of freedom of contract.
Freedom here means that all the parties to the agreement are free to determine what and with
whom the agreement is made. Its implementation is based on the agreement of both parties, the
extent not inconsistent with the Act - Act. The principle of freedom of contract is an important
principle in the law of treaties. But in this case the principle of freedom of contract can not be
implemented fully in the agreement between the customer and the bank, because banks use
agreement is a standard agreement.
Legal relationship between the bank and its customers credit card services, there is the
precautionary principle in it. Agreement between the bank and the prospective customer
basically has the same shape and material between banks to one another, which is done in written
form. If the agreement has been approved by both parties it was an agreement between the bank
and the client. So between the bank and its customers credit card services can give birth to a
legal relationship.
Mariam Darus Badrulzamam provides a definition of the standard agreement as a treaty whose
contents are standardized and set forth in a form. [13] In a standard agreement the customer has
no right to refuse or disagree tehadap the treaty.
Agreement or clause is standard in accordance with the provisions of Article 1 point 10 of Law
No. 8 of 1999 on Consumer Protection, are: any rules or terms and conditions have been
prepared and determined in advance unilaterally by businesses set forth in a document or a
binding agreement and shall be met by consumers.
In the manufacture of raw agreement or this standard bank as businesses are given limits - limits
that are not listed - things that hurt customers as consumers. Limits - the limits set forth in Article
18 of BFL. In addition to the applicable UUPK, particularly the provisions concerning the
inclusion of standard clauses as stipulated in Article 18 of BFL, civil responsibility on the basis
of agreement or contract of businesses still remain valid legal agreement as published in the book
III of the Civil Code.
As applicable during this time, in the agreement or the usual banking applications, listed standard
clause regarding the applicable provisions in the bank. Customers generally do not have a chance
no chance to negotiate such clauses. From the research, it appears that one of the standard
clauses banking is often at issue is the provision stating that the customer is subject to the
provisions made bank, both current as well as later determined by the bank.
In the application of credit card agreements are their exoneration clauses that are not in
accordance with Article 18 of BFL. The contents of the application credit card agreement is
"When I expressed negligent in carrying out the obligations arising from use of the card, I
volunteered to hand over the property of mine to the Bank Card Center to compensate for, sell or
to liquidate such property in order to settle all my obligations are ".
In this case the clauses are not in accordance with Article 18 point f stating entitles businesses to
reduce the benefits of the services or reduce the wealth of consumers who become the object of
buying and selling services.
Actually clause in-app credit card agreement is not contrary to Article 18, but the problem is who
and how to determine whether the customer is correct - it was negligent or not, because it does
not rule out also that the Bank itself is wrong, for example, the existence of technical errors or
human error committed by the Bank.
5. Weakness Customer Credit Card Protection
Legal protection against credit card customer service users can not run properly. many factors
that become obstacles that may affect the implementation of the legal protection of the
customers' credit card service users, among others:
a) In terms of businesses
Does not rule out the possibility that large that the obstacles encountered in protecting credit card
customers also come from the entrepreneurs themselves, this is because regarding human error,
where the error occurred in the credit card transaction is also constituted by the Bank, for
example, the bank is responsible to obtain a receipt from the recipient of the money, funds
transfer issue that does not get into the hands of credit card customers.
b) In terms of the customer as a consumer
Whereby the credit card holder as consumers do not read information that is clear and less
scrupulous upon signing the credit card application.
c) In terms of other (technology and responsibilities related parties)
• Allows for the misuse or abuse of electronic services by parties who are not responsible.
· Customers will have difficulty making a claim to the bank in case of problems because several
electronic services, because there is no evidence of transactions made by customers.
· Conditions VSAT (Vertical Satellite Network) is a network of communication is often a
bottleneck, because of the advanced technology used by banks has not been able to provide
maximum comfort for its customers.
• Human resources are less supportive.
• Lack of involvement of the parties relating to the protection of credit card customers, namely
Bank Indonesia in its efforts to provide protection for bank customers is still limited to the
operations of a bank. Institutions or consumer protection has not played an active role in
providing protection to consumers as well as to banking customers. This is due to lack of
sosilalisasi of these institutions so that banking customers do not have enough information about
the existence of this institution. The survey results revealed that when problems occur among
banking customers with the bank then resolved through consultation between the customer and
the bank. This is caused by because it involves the credibility of the bank name in the eyes of the
public.
d) In terms of Legislation
That there had been no specific regulations regarding Electronic Funds Transfer transactions,
especially credit cards in Indonesia to be used as a reference or basis. Although the current
government has adopted Law - Law No. 11 Year 2008 on Information and Electronic
Transaction, but felt the Act - the law is not efficient, it is because there is criticism in the body
of the Act - legislation itself. Setting policies to deal with crimes arising through credit cards
seems unclear and is still in doubt - doubt. In Law - Law No. 11 Year 2008 on Information and
Electronic Transactions there is only one chapter that regulates credit card crime, which is
associated with the act of using and / or access someone else's credit card unlawfully. Based on
the credit card transaction process flow, the provisions of Article 51 of Law No. 11 Year 2008 on
Information and Electronic Transactions can only reach a foul on card embossing and delivery
stages (Courir / recipient or customer) and usage.
However, not all the modus operandi in these stages can be affordable, because the provisions of
Article 51 and Article 34 only regulate actions by people who use credit cards, but do not include
the merchant or also the organizer that can also be perpetrators of credit card crime. [14]. So in
case of problems associated with this, using the Law - Law No. 8 of 1999 on Consumer
Protection to complete, although UUPK itself does not specifically regulate EFT transactions,
especially credit card using technological means.
CHAPTER V
COVER
1. Conclusions
1. Credit card crime has not been found normatively formulation in positive law. BPHN have
tried to identify the forms of crimes related to the activities in cyberspace, including credit card
fraud with criminal legislation there.
2. Still weak protection of the Act No. 8 of 1999 on Consumer Protection against credit card
customers are characterized by the dominance of the Bank makes standard clauses, which tend to
harm customers.
3. Policy setting credit card crime seems uncertain and still undecided. In Law No. 11 Year 2008
on Information and Electronic Transactions there is only one chapter that regulates credit card
crime, which is associated with the act of using and / or access someone else's credit card
unlawfully. Based on the credit card transaction process flow, the provisions of Article 51 of Law
No. 11 Year 2008 on Information and Electronic Transactions can only reach a foul on stage and
act using or accessing someone else's credit card without rights. The provisions of Article 51 and
Article 34 only regulates acts committed by people who use credit cards, but not including
merchants or managers that can also be perpetrators of credit card crime.
2. Suggestions
1. Where the formulation of credit card crime simply by relying on the provisions of Article 51
and Article 34 of the Law on Information and Electronic Transactions certainly not enough to
protect the public and the parties concerned, it still needs a more representative formulation that
can reach all forms of credit card fraud.
2. Safeguard law against credit card customers can be realized with the participation of various
parties. Parties should be proactive customers to understand their rights and obligations. while
the Bank should be more open and improve its performance, so that the legal relationship
between the bank and its customers credit card will work well for both sides to know their rights
and obligations, so that the customer confidence in the bank is increasing.
[1] Sigid Suseno, 2004. Crime in the Credit Card Information and Electronic Transaction Bill,
Parahyangan Catholic University, Bandung.
[2] The Legal Framework. Unauthorized Access to Computer Systems, Penal Legislation in 37
Countries. http://www.mossbyrett.of.no/info/legal.html. 15 February 2000
[3] Johannes Abraham, 2004 The dilemma CONTRACT AND EVIL, Refika Aditama, Bandung,
h. 7.
[4] Collins, 1988, DICTIONARY OF ECONOMICS, Collins Reference, Cambrige, h. 105.
[5] A. F.Elly Erawaty and J. S. Badudu, 1996, ECONOMIC LAW DICTIONARY, ELIPS,
Jakarta, p.27
[6] Munir Fuady, 1999 LAW ON FINANCING (IN THEORY AND PRACTICE), PT.Citra
Aditya Bakti, Bandung, hal.174-177
[7] Dahlan Siamat, 1999 MANAGEMENT FINANCIAL INSTITUTIONS, Faculty of
Economics, University of Indonesia, Jakarta, p. 353.
[8] http://www.hukumonline.com
[9] http://www.tempointeraktif.com/hg/ekbis/2005/05/22/brk,20050522-61334,id.html
[10] National Legal Development Agency, 1995/1996, DEVELOPMENT DEVELOPMENT OF
THE NATIONAL LAW AND INFORMATION TECHNOLOGY LAW, BPHN-Ministry of
Justice of the Republic of Indonesia, p. 32-34.
[11] R. Setiawan, 1979, FUNDAMENTALS OF LAW engagement, Binacipta, Bandung, p. 49.
[12] Subekti, 1984, LEGAL AGREEMENT, Intermasa, Jakarta, p. 1.
[13] Mariam Darus Badrulzamam, 1980, PROTECTING CONSUMER VIEWS FROM BAKU
AGREEMENT, Jakarta, Hal. 5
[14] Sigid Suseno, op.cit, p. 12