Algebra : Jurnal Pendidikan Sosial dan Sains
Vol. 5 No. 4 (2025): Algebra : Jurnal Pendidikan Sosial dan Sains

JURIDICAL ANALYSIS OF BANKING INSTITUTIONS’ LIABILITY FOR CARDING CRIMES

Arina Novitasari (Universitas Muhammadiyah Kudus)
Dika Anggara Putra (Universitas Muhammadiyah Kudus)
Dian Rosita (Universitas Muhammadiyah Kudus)



Article Info

Publish Date
30 Dec 2025

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.

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Journal Info

Abbrev

ejournal

Publisher

Subject

Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mathematics Neuroscience Physics Social Sciences Other

Description

Focus and Scope Algebra: Journal of Education, Social and Science focuses on interdisciplinary studies on the integration of education, social science, and science in improving the quality of education. Algebra: Journal of Education, Social and Science has a scope: Education Field Education ...