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Ni Made Trisna Dewi

UNIVERSITAS DWIJENDRA

Author-ID : 3803514

Agriculture, Biological Sciences & Forestry Humanities Economics, Econometrics & Finance Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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PERLINDUNGAN HUKUM TERHADAP NASABAH KORBAN PENGGANDAAN KARTU ATM MENURUT UNDANG-UNDANG NOMOR 10 TAHUN 1998 TENTANG PERBANKAN (Studi Kasus pada Bank BRI Cabang Denpasar) Ni Made Trisna Dewi; A.A Mas Adi Trinaya Dewi; Ni Luh Sri Mahendra Dewi
Jurnal Analisis Hukum Vol 3 No 1 (2020)
Publisher : Universitas Pendidikan Nasional

Banks are business entities that collect funds from the public in the form of deposits and distribute them to the public in the form of loans and or other forms in order to improve the lives of the masses. The main function of Indonesian banks is as a collector and distributor of public funds. Protection of customers' funds in Indonesia is regulated in the Laws of the Republic of Indonesia Number 10 of 1998 concerning Banks. The increasing incidence of theft of bank customers' funds through the misuse of the ATM service system, reduced account balance has led to the need for further attention regarding how to guarantee the safety of use of ATMs and the prosecution of perpetrators of ATM duplication that can harm both the users of ATMs or the Bank itself. Based on this background, the problems that can be formulated to be discussed is : Are victims of ATM card duplication guaranteed refund by bank and what is the procedure for refunding for victims of ATM card duplication.This paper uses a method with an empirical type of legal research, which is a legal research method that uses empirical facts taken from human behavior, both verbal behavior obtained from interviews and real behavior carried out through direct observationThe Conclusion if this research is Laws of the Republic of Indonesia Number 10 of 1998 concerning Banks. article 37B number (1) stated that: “that the bank guarantees the public funds held at the bank concerned“. The following phrase of Article 37B stated that guarantee of bank customer deposits is carried out by a deposit insurance institution . Further arrangements regarding deposit insurance institutions are regulated in Laws of the Republic of Indonesia Number 10 of 2004 concerning deposit insurance institutions . the procedures begins by making a complaint by reporting through the BRI call center or coming directly to nearest branch of Bank BRI to make a report about loss of funds due to victim of ATM duplication. settlement of complaints from customers is carried out entirely by the head office of Bank BRI. After it is confirmed that the loss of funds is due to victim of ATM duplication, Bank BRI will refund the victims' customers directly through a direct transfer to each customer's account

Penyelesaian Sengketa Non Litigasi Dalam Penyelesaian Sengketa Perdata Ni Made Trisna Dewi
Jurnal Analisis Hukum Vol 5 No 1 (2022)
Publisher : Universitas Pendidikan Nasional

The judiciary is basically formed to try and solve problems, but in reality sometimes it is not able to solve the problems faced by the parties, sometimes even causing new problems, namely prolonged hostility between the disputing parties. The problems that will be discussed in this research are What are the legal remedies for non-litigation settlement in dispute resolution according to civil law?, and what are the obstacles to resolving non-litigation disputes according to civil law? The research method used is an empirical research method that is guided by data collection techniques with direct interviews with competent people using peace theory, effectiveness theory in the rule of law concept to study and get answers to existing problems. The results of this study are legal efforts to resolve disputes over buying and selling diamonds in civil law cases, namely by non-litigation, this is generally done in civil cases only because it is more private in nature by having several forms to resolve disputes, namely: Negotiation, Mediation and Arbitration. Meanwhile, the obstacles to non-litigation settlement in the settlement of civil law cases of buying and selling are juridical barriers regarding mediation and the validity of the results of the peace where the parties sometimes or the public doubts the final outcome of dispute resolution through mediation and non-juridical barriers, namely obstacles that occur because the parties involved directly related to the diamond sale and purchase dispute, prioritizing emotions in problem solving. The emotional factor with its arrogance assumes that all parties are in the right position, so they don't want to give up.

Penyelesaian Sengketa Non Litigasi Dalam Penyelesaian Sengketa Perdata Ni Made Trisna Dewi
Jurnal Analisis Hukum Vol 5 No 1 (2022)
Publisher : Universitas Pendidikan Nasional

The judiciary is basically formed to try and solve problems, but in reality sometimes it is not able to solve the problems faced by the parties, sometimes even causing new problems, namely prolonged hostility between the disputing parties. The problems that will be discussed in this research are What are the legal remedies for non-litigation settlement in dispute resolution according to civil law?, and what are the obstacles to resolving non-litigation disputes according to civil law? The research method used is an empirical research method that is guided by data collection techniques with direct interviews with competent people using peace theory, effectiveness theory in the rule of law concept to study and get answers to existing problems. The results of this study are legal efforts to resolve disputes over buying and selling diamonds in civil law cases, namely by non-litigation, this is generally done in civil cases only because it is more private in nature by having several forms to resolve disputes, namely: Negotiation, Mediation and Arbitration. Meanwhile, the obstacles to non-litigation settlement in the settlement of civil law cases of buying and selling are juridical barriers regarding mediation and the validity of the results of the peace where the parties sometimes or the public doubts the final outcome of dispute resolution through mediation and non-juridical barriers, namely obstacles that occur because the parties involved directly related to the diamond sale and purchase dispute, prioritizing emotions in problem solving. The emotional factor with its arrogance assumes that all parties are in the right position, so they don't want to give up.

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