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p-Index From 2021 - 2026
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All Journal Journal of Legal and Cultural Analytics (JLCA)
Yolivia Gracia Lubis
Universitas HKBP Nommensen Medan
Law, Crime, Criminology & Criminal Justice

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Legal Protection for ATM Cardholders Who Suffer Losses Due to a Reduction in Account Balances at Bank BRI Yolivia Gracia Lubis; Janpatar Simamora; Debora Debora
Journal of Legal and Cultural Analytics Vol. 5 No. 3 (2026): August 2026
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v5i3.17271

Abstract

This study examines legal protection for customers who own Bank BRI ATM cards who suffer material losses due to illegal account balance reduction through the skimming cybercrime mode. The main issue is focused on the form of legal protection for customers based on Law Number 10 of 1998 concerning Banking, as well as various legal remedies that can be taken to obtain compensation based on Law Number 8 of 1999 concerning Consumer Protection (UUPK). Through the normative juridical method, this study unravels the synchronization of bank regulations and civil responsibilities in dealing with cyber security gaps in the digital era. The results of the study show that legal protection for customers is divided into three dimensions, namely preventive (application of the principle of prudence and mandatory chip cards), repressive (facilitation of internal complaints by banks, OJK, LAPS SJK, to litigation routes), and curative (restoration of financial rights). Legal remedies to claim compensation can be pursued through non-litigation or litigation in the form of a civil lawsuit for Unlawful Acts (Article 1365 of the Civil Code). Based on Article 19 of the UUPK, Bank BRI bears strict liability for the failure to secure its ATM network, so customers are entitled to a full refund as long as it is not proven to have committed personal negligence.
Co-Authors Debora Debora Janpatar Simamora