Pena Justisia: Media Komunikasi dan Kajian Hukum
Vol. 23 No. 002 (2024): Pena Justisia (Special Issue)

LEGAL ASPECTS OF DIGITAL BANKING REGULATION IN INDONESIA: A STUDY IN CORRECTIVE JUSTICE

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



Article Info

Publish Date
31 Dec 2024

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.

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Journal Info

Abbrev

hk

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Pena Justisia aims to provide a forum for lecturers and researchers to publish the original articles about Law Science. Focus of Pena Justisia is publishing the manuscript of outcome study, and conceptual ideas which specific in the sector of Law science. We are interested in topics which relate ...