TANGGUNG JAWAB KEJAHATAN PERBANKAN MELALUI MODUS OPERANDI SKIMMING

Abstract

Bank is a financial institution, which primary function includes collecting and granting deposits to the public based on fiduciary principle. The development of information technology has shifted financial products and services into electronic-based products and services, making money management easier than before. One of the electronic banking products, an ATM (Automatic Teller Machine) is operated by a financial institution, allowing customers to perform financial transactions. However, the information age shows that ATM skimming has become a rising threat. Skimming is a crime that occurs when skimmers install skimming devices on ATM machines in order to steal debit or credit card information. Skimming is done by surreptitiously installing a device at ATMs to record pin card data using magnetic strips. Therefore, the purpose of this study is to analyze which party is liable as a result of ATM skimming.

The result of this study shows that BCA is liable for the loss caused to its customers due to unauthorized withdrawals, considering Article 1367 of the Indonesia Civil Code states that a financial institution is responsible for the damage caused by matters which are under its supervision, that is, an ATM machine. Skimming is a criminal act in the banking sector that not only contravenes Banking Law, but also Criminal Law and Information and Electronic Transactions Law. Therefore, skimmer or fraudster is subject to Article 263 jo. Article 362 of the Criminal Code and/ or Article 30 (3) jo. Article 46 of the Information and Electronic Transactions Law.