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All Journal Algebra : Jurnal Pendidikan Sosial dan Sains
Putra, Dika Anggara
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Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mathematics Neuroscience Physics Social Sciences Other

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THE URGENCY OF THE FINANCIAL SERVICES AUTHORITY’S ROLE IN ENSURING LEGAL CERTAINTY FOR DIGITAL FINANCIAL TRANSACTIONS IN THE MODERN ECONOMIC ERA Putra, Dika Anggara
Algebra : Jurnal Pendidikan, Sosial dan Sains Vol. 5 No. 4 (2025): Algebra : Jurnal Pendidikan Sosial dan Sains
Publisher : Yayasan Amanah Nur Aman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58432/mfrf4g31

Abstract

The development of digital technology has had a significant impact on both global and national financial systems. The emergence of technology-based financial service institutions (financial technology or fintech) such as peer-to-peer lending, digital banking, and electronic payment systems has accelerated financial inclusion among the public. However, this phenomenon has also introduced new legal risks, including the misuse of personal data, illegal lending practices, and weak consumer protection. As an independent institution, the Financial Services Authority (Otoritas Jasa Keuangan/OJK) has an urgent need to strengthen its supervisory and regulatory roles in the digital financial sector to ensure that it operates in a fair, transparent, and accountable manner. This research employs a normative legal method with statutory (statute approach) and conceptual (conceptual approach) perspectives. The findings indicate that the OJK holds a high degree of urgency in responding to the digital transformation of the financial sector. Strengthening technology-based regulations, fostering inter-agency synergy (OJK–Bank Indonesia–Ministry of Communication and Information Technology), and enhancing digital financial literacy constitute the main pillars that must be reinforced to maintain the stability and fairness of the national financial system.
JURIDICAL ANALYSIS OF BANKING INSTITUTIONS’ LIABILITY FOR CARDING CRIMES Novitasari, Arina; Putra, Dika Anggara; Rosita, Dian
Algebra : Jurnal Pendidikan, Sosial dan Sains Vol. 5 No. 4 (2025): Algebra : Jurnal Pendidikan Sosial dan Sains
Publisher : Yayasan Amanah Nur Aman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58432/vfa0p746

Abstract

The rapid development of technology has brought humanity into a wave of modernization characterized by digitalization, leading to significant changes in all aspects of human life. The role of technology today offers various conveniences. The transformation of payment systems from cash-based to cashless transactions provides ease for customers and helps reduce the risk of crimes such as robbery, theft, and counterfeiting. One of the most widely used cashless payment methods that is frequently misused by irresponsible individuals for criminal purposes today is the credit card. The focus of this study is to examine the legal accountability of banking institutions in relation to a specific type of cybercrime, namely carding, which causes financial losses to customers. This research employs a normative juridical method. The findings indicate that the bank’s liability from a civil law perspective refers to Article 1338 paragraph (1) of the Indonesian Civil Code and Article 19 paragraph (1) of Law No. 8 of 1999 concerning Consumer Protection. Customer losses resulting from carding crimes are viewed as a consequence of inadequate protection by the issuing bank in maintaining network security. Errors or negligence by bank employees can be construed as the bank’s responsibility; however, if it can be proven that the carding crime did not occur due to the issuing bank’s negligence, then the bank is not obliged to compensate for the losses suffered by the customer.
Co-Authors Arina Novitasari Dian Rosita