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All Journal TATOHI: Jurnal Ilmu Hukum PAMALI: Pattimura Magister Law Review
Djokdja, Galang Ramadhan
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Law, Crime, Criminology & Criminal Justice

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Bank's Responsibility for Mistakes Made by Outsourced Workers Djokdja, Galang Ramadhan; Laturette, Adonia Ivone; Angga, La Ode
PAMALI: Pattimura Magister Law Review Vol 5, No 2 (2025): JULY
Publisher : Postgraduate Program in Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v5i2.3439

Abstract

Introduction: In terms of national development, especially in the field of employment, Indonesia prioritizes achieving the greatest possible welfare for the working community. Every citizen has the right to obtain decent work as regulated in Article 27 paragraph (2) of the 1945 Constitution of the Republic of Indonesia as the Constitutional Basis of the Republic of Indonesia, which states.Purposes of the Research: The purpose of this study is to find out and analyze the banking party's responsibility for errors made by outsourcing workers. This study helps in seeing the procedures and Banking Responsibility for Errors Committed by Outsourced Workers.Methods of the Research: The research method used in this writing is normative research methods. Thus, this research collects data using library research, namely in the form of scientific materials such as legislation, books, official documents, publications and research results.Results Main Findings of the Research: Based on Article 29 of Financial Services Authority Regulations Number 1/POJK.07/2013 concerning consumer protection in the financial services sector, which states that financial service business actors or banks are obliged to be responsible for customer losses arising from errors and/or negligence of workers, both permanent workers and outsourced workers. financial service business actors and/or third parties working for the interests of financial service business actors. However, if the customer's loss arises from the customer's own error and/or negligence, the bank is not responsible for the loss.
Pertanggungjawaban Pidana Pelaku Pembobolan Kartu Kredit Dalam Tindak Pidana Di Bidang Perbankan Djokdja, Galang Ramadhan; Adam, Sherly; Sopacua, Margie Gladies
TATOHI: Jurnal Ilmu Hukum Vol. 2 No. 2 (2022): Volume 2 Nomor 2, April 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i2.909

Abstract

Introduction: There are many cases of fraud with credit cards at banks known as carding, but there is no new legal rule to ensnare the perpetrators so that the judges still use the old rules, namely the Criminal Code. Law enforcement in the banking sector includes regulatory issues in the field of information technology and other aspects are the ability of law enforcement officers, public legal awareness, and infrastructure that supports law enforcement, especially in reviewing criminal liability for perpetrators.Purposes of the Research: Criminal liability for credit card burglary perpetrators in criminal acts in the banking sector. Methods of the Research: The research method used is normative juridical with a problem approach in the form of a statutory approach, a conceptual analysis approach and a case approach. The legal materials used are primary and secondary legal materials. Data collection techniques are carried out through library research and processing techniques and analysis of legal materials through descriptions using qualitative methods.Results of the Research: The results of the study indicate that the criminal law regulation of the crime of carding has been regulated in Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions and has been formulated in articles 362, 363 and 378 of the Criminal Code. namely about Theft and Fraud. Carding criminal liability can be carried out based on the ability of the perpetrator to be responsible; there is an error in the form of a deliberate act of the perpetrator as proven in accordance with the articles in paragraph; there is no excuse for his actions; and may be subject to sanctions for carding criminals.
Co-Authors Adam, Sherly Adonia Ivone Laturette La Ode Angga Sopacua, Margie Gladies