PERLINDUNGAN HUKUM NASABAH YANG MELAKUKAN TRANSAKSI ELEKTRONIK MELALUI SHORT MESSAGE SERVICE (SMS) BANKING

Simbolon, Sinta Romaida (2011) PERLINDUNGAN HUKUM NASABAH YANG MELAKUKAN TRANSAKSI ELEKTRONIK MELALUI SHORT MESSAGE SERVICE (SMS) BANKING. S1 thesis, UAJY.

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Abstract

This research entitled Costumers Law Protection who makes an Electronic Transaction through Banking Short Message Service. The problems of the research are how the contract validity of electronic transaction facility through Banking Short Message Service does and how does the law protection of Banking Short Message Service users if technical and human error occurred. Thus, this law research is aim to find out the contract validity between bank and costumers on the electronic transaction through Banking Short Message Service and to determine the law protection of Banking Short Message Service user if technical and human error occurred. The research is normative research or statute approach. The result show that electronic contract conducted by Banking Short Message Service is valid as long as it meet requirements of electronic contract validity based on Article 17 Clause 2, Article 8 and Article 15 of Laws No. 11, 2008 concerning information and electronic transaction. It is cleared by the existence of Lex information principles based on The Theory of International Space and customer law protection if human error occurred caused by those customers is customer’s responsibility. But, if the human error which is occurred caused by bank programmer so the bank party will be responsible for that error. If there is technical error is responsible of electronic agency or service provider. In Article 21 Clause of Law No. 11, 2008 about information and electronic transaction, bank party is also responsible even though those service providing involve third party. It reinforced by Bank of Indonesia Regulation No. 9/15/PBI.

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