Pertanggungjawaban Pidana Oleh Bank Terhadap Tindak Pidana Penggunaan Kartu Kredit Tanpa Hak (Carding)

Hatta, Andfi Hajjah Fatma (2022) Pertanggungjawaban Pidana Oleh Bank Terhadap Tindak Pidana Penggunaan Kartu Kredit Tanpa Hak (Carding). Masters thesis, Universitas Islam Riau.

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Abstract

The development of telecommunications and information is increasing, causing significant social changes to the use of electronic information. However, this progress was misused by a handful of people by committing cybercrime crimes in the banking sector, one of which was Carding. The crime of carding is a crime committed using credit card data by means of theft and fraud committed by perpetrators using the internet by falsifying data and creating fake credit cards. The main problem of this research is how is the criminal responsibility by the bank for the crime of using credit cards without rights (carding) and how is the application of the suspect to the bank in the occurrence of criminal acts of using credit cards without rights (carding), especially the perpetrators of data forgers (carders). The type of legal research is a normative legal approach by researching library materials (secondary data), while this research is descriptive. Criminal liability by the bank for the crime of using a credit card without rights (carding) must be based on the results of the investigation, which is seen from the error or negligence of the bank as the issuer or a third party working for the benefit of the issuing bank for the occurrence of carding, if the bank knows or is aware of the potential loss for its customers, then this situation is sufficient to demand criminal liability for the bank, because the Bank has been negligent in maintaining the confidentiality of customer data by not taking preventive measures against the occurrence of carding crimes such as implementing a layered security system for both software and banking hardware systems, and banking institutions cannot be made suspects in the case of a carding crime if the perpetrator of the data forger (carder) is known, because the banking party is also a victim of the carding case. It's just that the banking sector as a service provider for depositing funds from customers is obliged to compensate for material losses that occur or are caused by negligence and mistakes from the banking side for the loss or theft of customer funds in this case related to the problem of carding crimes. .

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