Jurnal Ekonomi
Vol. 11 No. 03 (2022): Jurnal Ekonomi, 2022 Periode Desember

Digital Transformation of Banking and Its Legal Risks

Muhamad Agung Dharmajaya (Unknown)



Article Info

Publish Date
27 Dec 2022

Abstract

Digital transformation of banking through the adoption of cutting-edge technology offers high efficiency, but on the other hand, it triggers the emergence of regulatory asymmetry (regulatory lag) and various new risk variants. This study aims to identify the dominant legal risk typologies in the era of banking digitalization and evaluate the readiness of the regulatory framework and effective legal risk mitigation mechanisms. The research method used is normative juridical with a descriptive-analytical approach to examine primary, secondary, and tertiary legal materials through literature review, which are then analyzed qualitatively using deductive reasoning. The results indicate three main legal risk typologies: violations of personal data protection due to data breaches, escalation of cybercrime such as phishing and ransomware that trigger disputes over unauthorized transactions, and legal uncertainty regarding the validity of electronic contracts (e-contracts) and the reliability of digital evidence in court. This study concludes that banks can no longer rely on unilateral exoneration clauses that harm consumers. Legal mitigation efforts must be implemented holistically by strengthening internationally standardized information technology governance (ISO 27001), strengthening e-KYC systems, implementing standard digital forensics audit logs, and utilizing cyber insurance. Meanwhile, regulatory authorities are required to shift their policy approach to principle-based, adaptive regulation to create a secure, trustworthy, and legally certain digital banking ecosystem.

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Journal Info

Abbrev

Ekonomi

Publisher

Subject

Economics, Econometrics & Finance

Description

Jurnal Ekonomi [p. ISSNĀ 2301-6280, e. ISSNĀ 2721-9879] is a peer-reviewed journal published Half times a year (June, and December) by SEAN Institute. Jurnal Ekonomi is intended to be the journal for publishing articles reporting the results of economics research. Jurnal Ekonomi invites manuscripts ...