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All Journal Custodia: Journal of Legal, Political, and Humanistic Inquiry Proceeding International Conference Restructuring and Transforming Law
Virda Rachma Mulya
Universitas Muhammadiyah Surakarta
Law, Crime, Criminology & Criminal Justice

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Pemanfaatan Artificial Intelligence dan Pelanggaran Rahasia Bank: Studi Kasus Kebocoran Data Nasabah Bank Syariah Indonesia (BSI) ditinjau dari Pasal 40 Undang-Undang Nomor 10 Tahun 1998 tentang Perbankan Widya Utami; Virda Rachma Mulya; Garnis Putri Shima; Yahya Ayyash; Aditya Rizki Andriyanto; Raden Miko Ardiansyah Judhokusumo
Journal of Legal, Political, and Humanistic Inquiry Vol 1 No 2 (2025): December: Custodia: Journal of Legal, Political, and Humanistic Inquiry
Publisher : CV SCRIPTA INTELEKTUAL MANDIRI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65310/13m27813

Abstract

The rapid digital transformation in the banking sector has significantly changed the management and processing of customer data, particularly within Islamic banking institutions. The use of intelligent computing systems enhances efficiency, transaction speed, and service accuracy, yet it also increases vulnerability to data breaches and violations of bank secrecy. This study examines the leakage of customer data at Bank Syariah Indonesia as a case study, focusing on its legal implications under Article 40 of Law Number 10 of 1998 concerning Banking. Using normative legal research methods, this study analyzes statutory regulations, legal doctrines, and relevant scholarly works to assess the bank’s responsibility for safeguarding customer confidentiality. The findings indicate that data leakage constitutes a violation of bank secrecy obligations and exposes the bank to administrative, civil, and potential criminal liability. Furthermore, inadequate data protection mechanisms weaken customer trust and undermine legal certainty. Strengthening governance frameworks, enhancing digital security systems, and ensuring strict law enforcement are essential to protect customers’ rights and maintain the credibility of Islamic banking in the digital era.
Supervision of The Implementation of UKL-UPL in Medium-Risk Business Licensing based on The Risk-Based Licensing System Virda Rachma Mulya; Nunik Nurhayati
Proceeding International Conference Restructuring and Transforming Law Vol. 5 No. 1 (2026): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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Abstract

The transformation of the licensing paradigm in Indonesia from a permit-based system (license-based) into risk-based business licensing through the enactment of Law Number 6 of 2023 and Government Regulation Number 28 of 2025 has brought fundamental implications for environmental protection instruments, especially for medium-risk business activities that use UKL-UPL documents. In line with the perspective of human trust as khalifah fil ard in preserving the earth, integrating ecological values into economic regulations is essential to prevent environmental damage. This normative legal research applies a legislative and conceptual approach with qualitative analysis, aiming to evaluate the effectiveness of supervision of business actors' compliance within the latest regulatory framework that tends to emphasize investment facilitation. The novelty of this research lies in a critical analysis of the problems of post-permit supervision mechanisms integrated into the system. Online Single Submission Risk-Based Approach (OSS-RBA), a crucial dimension for environmental legal certainty which has not been explored in depth. The results of the study indicate that the integration of UKL-UPL into the Business Identification Number or Standard Certificate has created a supervisory transformation that encompasses administrative aspects through periodic report evaluations and substantive aspects through field inspections. However, the findings indicate a disconnect between theoretical norms and practical reality due to the ambiguity of sanction parameters, the limited number of Environmental Supervisory Officers (PPLH) compared to business volume, and the dominance of independent reports with minimal physical verification. Therefore, this study concludes that the current legal system is unable to guarantee legal certainty or optimal protection of ecosystem functions. Strengthening institutional capacity and strict synchronization of operational data are needed to ensure that the UKL-UPL instrument is not degraded into a mere administrative formality for the sake of pursuing investment legality alone.
Co-Authors Aditya Rizki Andriyanto Garnis Putri Shima Raden Miko Ardiansyah Judhokusumo Widya Utami Yahya Ayyash