Indah Rahmawati Sugita
Faculty of Law, Universitas Airlangga, Surabaya, Indonesia

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LEGAL ASPECTS OF DIGITAL BANKING REGULATION IN INDONESIA: A STUDY IN CORRECTIVE JUSTICE Indah Rahmawati Sugita
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 002 (2024): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.5808

Abstract

The development of digital banking in Indonesia has had a significant impact on the banking and financial system, providing easy access and cost efficiency for the community. However, this transformation also presents challenges related to consumer protection, personal data security, and financial inclusion. Legal regulation of digital banks is very important to ensure that this technological advancement does not cause injustice or harm certain parties. This study raises corrective justice as a perspective to analyze the regulation of digital banks in Indonesia. Corrective justice emphasizes efforts to restore the rights of individuals who are harmed due to unfair actions. This study identifies several legal aspects that need to be considered in the regulation of digital banks, such as personal data protection, financial inclusion, the responsibility of financial institutions in consumer protection, dispute resolution, and supervision and law enforcement. To answer legal problems and resolve them for the benefit of customers, this study will use legal research methods, using a doctrinal approach and a statutory approach, as well as a conceptual approach. The results of this study indicate that customer protection for digital banking services can be achieved by preventing or handling unanticipated situations that may occur in the future by customers while the requirements for protecting digital banking customers remain the same as conventional banking. The legal efforts of customers carried out by digital banks are the same as the consumer dispute resolution process carried out by regulated commercial banks. In addition, Article 7 letter f of Law Number 8 of 1999 states that the return of the value of losses to digital bank customers Based on this study, it is recommended that digital bank regulations not only ensure protection for consumers, but also create a fair settlement mechanism for the injured party, in order to create a more inclusive and equitable digital banking system.