Tinjauan Yuridis Tanggungjawab Hukum Bank Terhadap Nasabah Atas Kegagalan Transaksi Penggunaan Mesin Automated Teller Machine (ATM) Menurut Undang-undang Nomor 10 Tahun 1998 Tentang Perbankan

Al-seenaziha, Al-seenaziha (2021) Tinjauan Yuridis Tanggungjawab Hukum Bank Terhadap Nasabah Atas Kegagalan Transaksi Penggunaan Mesin Automated Teller Machine (ATM) Menurut Undang-undang Nomor 10 Tahun 1998 Tentang Perbankan. Other thesis, Universitas Islam Riau.

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Abstract

The existence of technological developments in the banking sector such as technology through ATM machines (Automated Teller Machines) that can make it easier for customers to make transactions. However, the use of ATMs can cause problems in their use for customers. Such as failure of money transfer transactions, failure of cash withdrawal transactions and so on. In Indonesia, there is still no legal rule that specifically regulates banking transaction activities using ATMs. The formulation of the problems in this study are: a) What is the legal responsibility of the bank to customers for failed transactions using Automated Teller Machines (ATMs) according to Law Number 10 of 1998 concerning Banking ?, b) How is the legal protection for customers in transactions using Automated machines? Teller Machine (ATM) according to Law Number 10 of 1998 concerning Banking? The type and nature of this research is classified as observational research. This research went directly to the field through observations and interviews. The nature of this research is descriptive which explains in full the legal responsibilities of banks and legal protection for customers in transactions using ATM machines. The results of this study are the bank's legal responsibility to customers for transaction failure using an ATM machine if the error is caused by a damaged ATM machine / error, then the bank will provide compensation, but if an error is made by the customer such as a leaking pin or negligent transaction using ATM, the bank will not compensate for the losses experienced by customers. However, in practice the procedure for holding the bank accountable was convoluted and took a long time beyond the applicable bank SOP time. Protection for customers in transactions using ATM machines can be in the form of preventive legal protection provided by the government in the form of Bank Indonesia Regulations, namely providing procedures and understanding in using ATMs and repressive legal protection, namely making complaints to banks if customers experience losses in transactions using ATMs.

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