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All Journal Hasanuddin Law Review LEGAL BRIEF UNES Journal of Swara Justisia Eduvest - Journal of Universal Studies
Renjaan, Henrikus
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Aerospace Engineering Computer Science & IT Health Professions Law, Crime, Criminology & Criminal Justice Neuroscience Social Sciences

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Journal : LEGAL BRIEF

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Responsibility of Bank Financial Institutions for The Loss of Customer Money Saved In Their Accounts Wattimena, Yohanes Yosua; Renjaan, Henrikus; Siswani, Carina Budi
LEGAL BRIEF Vol. 14 No. 5 (2025): December: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i5.1486

Abstract

This study analyzes the legal responsibility of banking and financial institutions for the loss of customer funds stored in their accounts, a problem that has grown alongside the rapid expansion of digital banking and financial technology in Indonesia. Using a normative juridical method with statutory, conceptual, and case approaches, this research examines the legal foundations, scope of liability, and dispute-resolution mechanisms applicable when customer funds are lost due to system errors, internal negligence, or cybercrime. The findings reveal that banks’ obligations arise from multiple legal regimes: contractual liability under deposit agreements, non-contractual liability for unlawful acts, administrative obligations under the Banking Law and OJK regulations, and strict liability principles under consumer protection law. Although these norms require banks to safeguard customer assets, investigate losses, and provide compensation, practical implementation often remains weak, leaving customers in a disadvantaged position during dispute resolution. Mediation through OJK and internal complaint units provides alternative mechanisms, yet outcomes are not always binding or effective. Strengthening prudential principles, cybersecurity standards, and supervisory enforcement is essential to ensure substantive protection for customers and maintain public trust in the financial system
Effectiveness of Law Enforcement of Banking Crimes in Banking Law in Indonesia Windesi, Abalion Ayub; Renjaan, Henrikus; Siswani, Carina Budi
LEGAL BRIEF Vol. 14 No. 5 (2025): December: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i5.1510

Abstract

This study examines the effectiveness of law enforcement against banking crimes within the framework of Indonesia’s Banking Law, particularly Law Number 10 of 1998. Although the legal framework normatively provides comprehensive provisions regarding bank secrecy, prudential principles, licensing, financial reporting, and sanctions, its implementation remains constrained by structural, technical, and institutional challenges. Using a normative juridical method supported by statutory, conceptual, and case approaches, this research analyzes the extent to which existing regulations have achieved the goals of legal certainty, justice, and utility as conceptualized in Radbruch’s theory. Findings indicate that overlapping institutional authority, limited investigative capacity, evidentiary barriers due to strict bank secrecy, and weak inter-agency coordination hinder effective enforcement. Additionally, disparities in digital forensic facilities and inadequate internal control systems within banking institutions reduce the ability to detect and prosecute violations. Through the lens of Soerjono Soekanto’s and Lawrence Friedman’s theories of legal effectiveness, this study concludes that while the normative substance is adequate, enforcement remains suboptimal. Strengthening institutional coordination, enhancing investigator competence, updating regulations to meet digital era banking complexities, and promoting a culture of transparency and compliance are essential for improving law enforcement outcomes
Implementation of the Law for Police Members Regarding the Sale of Fire-arms and Ammunition (A Case Study at the West Papua Regional Police) Silubun, Revin Remigius; Renjaan, Henrikus; Silubun, Siria
LEGAL BRIEF Vol. 14 No. 5 (2025): December: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i5.1514

Abstract

This study examines the implementation of criminal law against members of the Indonesian National Police involved in the sale of firearms and ammunition, with a specific case study at the West Papua Regional Police. Using a normative juridical and qualitative approach, the research analyzes the coherence between Emergency Law No. 12 of 1951, Law No. 2 of 2002 on the National Police, and internal regulations such as the Chief of Police Regulations on firearms control and the professional code of ethics, as well as their application in practice. The findings show that the acts of trading and controlling firearms by police officers clearly fulfill the elements of illegal possession and participation in crime, thus giving rise to full criminal and ethical liability. Law enforcement in this case reflects a dual-track accountability system: criminal proceedings before the general court and internal disciplinary and ethical sanctions, including the possibility of dishonorable discharge. However, the case also reveals structural weaknesses in firearms supervision, internal control mechanisms, and integrity culture. The study recommends strengthening multilayered oversight, improving firearms management systems, and institutionalizing firm, transparent sanctions to reinforce police professionalism and public trust.
Co-Authors D. Resi, Yohanes F. Rahawarin, Yusty Mirino, Oktovianus Silubun, Revin Remigius Silubun, Siria Siswani, Carina Budi Wattimena, Yohanes Yosua Windesi, Abalion Ayub