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The Legal Responsibility of Bank Central Asia for the Protection of Customer’s Personal Data in Cases of Misuse by Third Parties Fernando, Fernando; Agustianto, Agustianto
Conference on Business, Social Sciences and Technology (CoNeScINTech) Vol. 5 No. 1 (2025): Conference on Business, Social Sciences and Technology (CoNeScINTech)
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/conescintech.v5i1.10570

Abstract

The advancement of technology in the digital era has significantly impacted various sectors, including banking, particularly in the management and protection of customers' personal data. Banks are legally and ethically responsible for safeguarding the personal information entrusted to them. This study aims to analyze the legal protection and liability of Bank Central Asia (BCA) in cases involving the misuse of customer personal data by third parties. The research is grounded in an empirical legal approach, supported by statutory analysis. It examines key regulations in Indonesia, including Law No. 27 of 2022 on Personal Data Protection, OJK Regulation No. 44 of 2024 on Bank Secrecy, Law No. 1 of 2024 in conjunction with Law No. 11 of 2008 on Electronic Information and Transactions, among others. The study explores the extent of bank obligations, customers’ legal remedies in the event of data breaches, and institutional accountability. Field data were collected through interviews and case analysis involving banking practices and third-party collaborations. The findings indicate that while the regulatory framework provides a solid foundation, gaps remain in enforcement and monitoring mechanisms, especially in third-party partnerships. The study emphasizes the need for stricter regulatory implementation, enhanced legal literacy among customers regarding their data privacy rights, and improved institutional oversight to ensure more effective protection of personal data in the digital banking landscape.
Challenges in Credit Agreements when the Debtor Dies: A Consumer Protection Law Perspective Agustini, Shenti; Sudirman, Lu; Agustianto, Agustianto
JURNAL AKTA Vol 12, No 4 (2025): December 2025
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v12i4.48257

Abstract

Credit agreements that include credit life insurance are a way to provide protection for banks and debtors. However, the problem is that the implementation of credit life insurance in credit agreements is not ideal. The purpose of this study is to analyze the legal protection for banks and debtors in credit agreements and to find an appropriate legal solution to provide legal protection for both banks and debtors. The research method used is empirical juridical and utilizes the Legal Protection Theory by Philipus M. Hadjon. The results of the study indicate that the inclusion of credit life insurance in credit agreements is not implemented ideally, so that credit life insurance does not fully provide protection for both banks and debtors as consumers. Therefore, the legal solutions offered in this research are ideal legal protection, information transparency is also necessary, a separate agreement is also needed, a fairer Banker's Clause is also needed, an effective complaint and dispute resolution mechanism is also needed, consistent implementation of Standard Operating Procedures (SOPs) is also necessary.
Regulating Dark Patterns in Indonesian E-Commerce: Comparative Lessons from South Korea and the EU Az-Zahra’, Putri Nabila; Nurlaily, Nurlaily; Agustianto, Agustianto
Journal of Judicial Review Vol. 27 No. 2 (2025): December 2025
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jjr.v27i2.11304

Abstract

The proliferation of dark patterns, which are manipulative interface designs that influence user decisions, poses a major legal challenge in e-commerce by compromising consumer autonomy. However, existing Indonesian legal instruments (Consumer Protection Law, the amended EIT Law, and the Personal Data Protection Law) do not explicitly address them. The core legal issue lies in the absence of clear legal provisions, definitions, and enforcement mechanisms governing dark patterns in Indonesia’s digital marketplace. This study aims to evaluate the regulatory gaps in Indonesia's consumer protection framework by comparing it with more advanced legal systems in South Korea and the European Union. Employing a normative legal research method and a comparative-legal approach, the study analyzes legal texts and institutional mechanisms from all three jurisdictions. The findings indicate three regulatory gaps in Indonesia: the lack of explicit substantive prohibitions, the absence of specialized institutional oversight, and the unavailability of technical guidelines for digital interface governance. In contrast, South Korea regulates five categories of dark patterns through its E-Commerce Act and enforces compliance through the Korea Fair Trade Commission, while the European Union explicitly prohibits deceptive design practices under the Digital Service Act, supported by the UCPD, GDPR, and the EDPB Guidelines. These comparative insights indicate that Indonesia’s reactive regulatory posture fails to reflect the ideals of justice, legal certainty, and social utility as articulated by Gustav Radbruch. Academically, this study contributes by offering a structured three-pillar framework: substantive norms, institutional strengthening, and technical guidelines, as a foundation for developing a more adaptive and consumer-centered digital regulatory system. To remedy this, the study recommends adopting a progressive legal strategy inspired by Satjipto Rahardjo, involving explicit statutory definitions, institutional reforms, and technical instruments such as interface ethics guidelines and integrated digital dispute resolution systems.
Upaya Hukum yang Dapat Diambil Konsumen Terkait Keterlambatan dalam Proses Pengiriman Produk Indra, Indra; Agustianto, Agustianto; Weley, Nadia Carolina
SENTRI: Jurnal Riset Ilmiah Vol. 5 No. 2 (2026): SENTRI : Jurnal Riset Ilmiah, Februari 2026
Publisher : LPPM Institut Pendidikan Nusantara Global

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55681/sentri.v5i2.5815

Abstract

Delays in delivery of goods in e-commerce transactions in Indonesia cause material and immaterial losses for consumers. This situation places customers at a disadvantage and requires a firm regulatory framework to enforce their rights. The objective of this study is to analyze the regulatory arrangements that control delivery delays, the obligations of businesses and delivery services, and the mechanisms for customers facing default. The method applied is a doctrinal juridical study through regulatory methodology and an empirical study in the form of a survey and literature review related to e-commerce practices, customer protection, and default. The study findings indicate that legal regulations regarding delivery delays are quite comprehensive, reflected in Law Number 8 of 1999 concerning Consumer Protection, Law Number 11 of 2008 concerning Electronic Information and Transactions, Government Regulation Number 71 of 2019, and delivery service regulations. However, practice in the field shows a gap between legal norms and reality, with more than 35% of consumers experiencing delays at least once a year due to internal business factors or logistical constraints. Consumers can pursue non-litigation legal remedies through complaints, grievances, or BPSK (the Consumer Protection and Security Agency), as well as litigation in the form of breach of contract lawsuits and demands for material and immaterial compensation. This study concludes that the success of legal customer protection depends heavily on regulatory implementation, coordination between businesses and delivery services, and consumers' understanding of their rights.
Co-Authors Actika Actika Agustini, Shenti Alfis Setyawan Angelina Julia Renaldi Angelyn, Angelyn Anjani, Indra Afgha Arwin Samuel Averina Zoraya Ayunda, Rahmi Az-Zahra’, Putri Nabila Bago, Ester Intensis Birul Walidaini Carrolyn Febrianti Celine Tio Celvian Celvian Dicky Ananta Huns Disemadi, Hari Sutra Djahwasi, Herry Rizal Eghie Mulyadi Purba Elza Syarief, Elza Eny Eny Farahdina, Farahdina Febriyani, Emiliya Fenny Royentricia Fernando Fernando, Fernando Fitri, Winda Friska Laurika Munthe Fu'adi, Fu'adi Grace Onggradini Hendra Hendra Hengky Lau Heni Kusumawati Hennie Selviani Henry Soelistyo Budi, Henry Soelistyo Hutauruk, Rufinus Hotmaulana Indah Waty Indra Indra Irawati, Jovita Jaya, Febri Jocelyn Marvella Johnson Wijaya Jollyn Jollyn Kellyn Kellyn Kristina Dwi Putri Lau, Jonathan Lisa Teo Lu Sudirman Lyvia Lyvia M.Arif Rivady Mawarni Mawarni Meri Yanti Murtiono, Hendro Nadila Agatha Fristy Nurlaily NURLAILY, NURLAILY Oda Ignatius Besar Hariyanto, Oda Ignatius Besar Olinda Viviani Paolo Tandiono Puteri Ariesta Nadia Putri, Kristina Dwi Ramadhan, Muhammad Tri Andika Richmond Richmond Ronaldo Calvin Pua Rusdiana, Shelvi Selina Selina Setiawan, Marthalia Sheren Angelina Sihombing, Dame Afrina Sinambela, Fitriana Aidnilla Siregar, Abigael Hosanna Situmeang, Ampuan Sofia Sofia, Sofia Sohheng, Nipon Sovina Sovina Sritanto -, Sritanto Suryati Suryati Suryati Suryati Tan, David Tan, Winsherly Tantimin, Tantimin Tivonli Kirtan Tomi Suhendra Pardede Tomi Vincent Tracy Tay Trinh, Hien Trisetyo, Muhammad Dhimas Vito Vito Weley, Nadia Carolina Willsen Austin Windi Afdal, Windi Yeny Sartika Yunike Juniarti Fitria