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Dara Pustika Sukma
Fakultas Hukum Universitas Sebelas Maret
Humanities Law, Crime, Criminology & Criminal Justice

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ANALISIS PERLINDUNGAN HUKUM DAN TANGGUNG JAWAB PERDATA BANK TERHADAP NASABAH KORBAN PHISHING BERDASARKAN UNDANG-UNDANG NO. 8 TAHUN 1999 Mohamad Sabiq Mohamad Nur; Dara Pustika Sukma
Verstek Vol 13, No 3 (2025): JULI-SEPTEMBER
Publisher : Sebelas Maret University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jv.v13i3.103869

Abstract

The background of this research is related to the increase in the use of electronic banking services in line with the increasing threat of cybercrime, especially phishing, which results in financial losses for customers and damages public trust in the digital banking system. This research aims to analyze legal protection for customers and bank civil liability, as well as identify legal remedies that can be accessed by customers who are victims of phishing based on Law Number 8 of 1999 concerning Consumer Protection. The method used is normative legal research with a regulatory and conceptual approach. The results of the study show that banks have legal obligations related to system and data security guarantees, in accordance with the Financial Services Authority (OJK) Regulation and related laws. The bank's civil liability can be enforced if it is proven that there is negligence in carrying out these obligations. Customers who are victims of phishing have legal options, including criminal reporting and civil litigation, but the Consumer Protection Law provides a more structured dispute resolution path through internal complaints and SJK LAPS. In conclusion, despite the existence of a legal framework, customer protection depends on proving and optimizing dispute resolution mechanisms.
PERTIMBANGAN HAKIM TERHADAP KETERANGAN AHLI AUDITOR DALAM PEMBUKTIAN PERKARA TIPIKOR (STUDI PUTUSAN NOMOR 84/PID.SUS-TPK/2023/PN BDG) Aldini Pratiwi; Dara Pustika Sukma
Verstek Vol 13, No 3 (2025): JULI-SEPTEMBER
Publisher : Sebelas Maret University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jv.v13i3.95912

Abstract

This study aims to analyze the evidentiary strength of an auditor’s testimony as an expert witness in corruption trials and to evaluate whether the judge’s considerations in delivering the verdict align with the provisions of Article 183 of the Indonesian Criminal Procedure Code (KUHAP). The research adopts a normative legal approach with a case-based methodology, focusing on court verdict No. 84/Pid.Sus-TPK/2023/PN Bdg as the primary object of analysis. Legal materials used in this research include primary sources, such as statutes and court verdicts, and secondary sources, including books, journals, and articles. Legal material collection was conducted through library research, and the analysis employed a syllogistic deduction method. The findings reveal that the auditor’s testimony as an expert witness in corruption proceedings in Verdict No. 84/Pid.Sus-TPK/2023/PN Bdg holds legitimacy and significant evidentiary value in clarifying technical information regarding financial conditions relevant to corruption offenses. Furthermore, the judge’s considerations in issuing the verdict in the corruption case of Verdict No. 84/Pid.Sus-TPK/2023/PN Bdg adhere to the requirements of Article 183 of KUHAP, which mandates at least two valid pieces of evidence and the judge's conviction in ruling on a criminal case.
Co-Authors Aldini Pratiwi Mohamad Sabiq Mohamad Nur