Juridical Review of Taking Customer Funds Without Rights Through
Electronic Transactions: Study Decision Number
592/Pid.sus/2019/Pn/Jkt.Brt
Desy Yurita Siregar and Januar Agung Saputera
Universitas 17 Agustus 1945 Jakarta, Indonesia
Keywords: Electronic Transactions, Banking, Application of Sanctions, Legal Protection.
Abstract: The use of technology and information has now been widely used by people individually and by institutions.
The result of advances and developments in information and communication technology that has the greatest
influence is on financial institutions (banking). The use of the internet by financial institutions or banks which
is now known as internet banking, in addition to providing convenience for customers, internet banking can
also have a negative impact on each of its users, one form of such crime is the breach of customer accounts
by taking customer funds without rights carried out by unauthorized individuals.the purpose of this study
carried out is to find out how to apply sanctions Criminal against the case study of judgment number
592/Pid.sus/2019/Pn/Jkt.Brt relating to the unauthorized taking of funds through electronic transactions when
reviewed from the ITE Law and the Criminal Code and How the legal protection provided by banks to
customers as victims of theft of customer funds through mobile banking as a means.then the type of research
used is normative juridical research (literature studies) with data sources obtained from primary, secondary
and tertiary legal materials, then the type of approach taken is the type of statutory approach (Statute
Approach). so that it can be concluded that for the application of criminal sanctions for taking customer funds
without rights through electronic transactions, criminal sanctions or administrative sanctions can be imposed
in accordance with Article 35 jo Article 51 paragraph (1) jo Article 30 jo article 32 jo Article 46 paragraph
(1) of Law of the Republic of Indonesia 11 of 2008 concerning ITE as amended into Law Number 19 of 2016
concerning electronic information and transactions jo Article 363 of the Criminal Code jo Article 263 of the
Criminal Code.
1 INTRODUCTION
1.1 Background
Technological developments in the current era of
globalization have brought real changes to humans in
all corners of the world for our own country
(Indonesia). As technology continues to permeate
more aspects of daily life and internet usage expands
globally, the variety of criminal activities originating
within the digital realm will inevitably proliferate in
kind. In the world of banking, various new
innovations have also been presented in improving
services and wanting to provide convenience. in
making transactions for each customer. Meanwhile,
one form of service provided is internet banking
facilities. The presence of internet banking is a type
of banking service that is widely used by everyone
currently. While this service does exist, its presence
does not preclude diverse alternatives from
potentially arising. forms of crime in the banking
world.
One type of crime in the banking world that will
be studied is the unauthorized taking of customer
funds through electronic transactions, where this
crime was committed by several perpetrators such as
Mr. Daniel Iskandar as the defendant and together
with other colleagues who simultaneously controlled
or controlled customer funds in full, so with the
background of the problem above, the author wants to
conduct research on the cases that occurred, so this
research is entitled "Judicial Review of
Unauthorized Taking of Customer Funds
Through Electronic Transactions (Decision Study
Number 592 /Pid.sus/2019 /Pn/Jkt.Brt).
Siregar, D. and Saputera, J.
Juridical Review of Taking Customer Funds Without Rights Through Electronic Transactions: Study Decision Number 592/Pid.sus/2019/Pn/Jkt.Brt.
DOI: 10.5220/0012583000003821
Paper published under CC license (CC BY-NC-ND 4.0)
In Proceedings of the 4th International Seminar and Call for Paper (ISCP UTA ’45 JAKARTA 2023), pages 505-511
ISBN: 978-989-758-691-0; ISSN: 2828-853X
Proceedings Copyright © 2024 by SCITEPRESS Science and Technology Publications, Lda.
505
2 PROBLEM FORMULATION
Based on the explanation described above, the issues
that surface are:
1. How are criminal sanctions applied to the case
study of Decision Number 592/Pid.sus
/2019/Pn/Jkt.Brt relating to unauthorized
withdrawal of funds through electronic
transactions when viewed from the ITE Law and
the Criminal Code?
2. What is the legal protection provided by the bank
to customers who are victims of theft of customer
funds through mobile banking as a means?
3 RESEARCH METHODS
The type of research used in this case is normative
juridical research, namely by examining library
materials or secondary data as basic material or
studies in this research. Where the law in statutory
regulations is used as a benchmark or consideration
in analyzing each case that occurs, then normative
juridical places law as a building system of norms,
principles, rules of statutory regulations, court
decisions, agreements and doctrines or expert
opinions. then the type of approach used is the
statutory approach (statute approach) which is needed
to further study of the applicable legal basis, as well
as a legislative approach is carried out by examining
all laws and regulations relating to legal issues that
are relevant to the legal issue being researched.
3.1 Research Specifications
The definition of the descriptive analytical method
(Sugiono: 2009) is a method that functions to describe
or provide an overview of the object being studied
through data or samples that have been collected as
they are without carrying out analysis and drawing
general conclusions
3.2 Data Source
The data source in this research is secondary data,
namely data obtained through library materials by
collecting from various reading sources that are
relevant to the problem being researched, namely by
carrying out a series of activities in the form of
reading, quoting from books, documents, and legal
literature. related to the problem under study.
3.3 Data Collection Techniques
Literature study is all efforts made by researchers to
collect information that is relevant to the topic being
researched. This information can be obtained from
books, articles, journals, previous research,
3.4 Theory Review
The theories used are identification which can be used
as a basis for thinking for carrying out research or in
other words to describe the frame of reference or
theory used to study problems. Because the problem
being discussed is a Juridical Review of Unauthorized
Taking of Customer Funds Through Electronic
Transactions (Case Study Decision Number: 592
/Pid.sus /2019/Pn/Jkt.Brt), several theories are
presented below, including:
1. Sentencing Theory
The aim of the theory of punishment is to:
a. "Guiding convicts to repent and become virtuous
and useful members of society."
b. "Remove the stains caused by criminal acts."
c. "Punishment is not intended to cause suffering
and is not permitted to degrade human dignity."
d. "Provide a deterrent effect on perpetrators of
criminal acts so that they do not repeat their
actions.”
2. Legal Protection Theory
A protection provided to legal subjects in the form of
legal instruments, both preventive and repressive,
both written and unwritten. In other words, legal
protection is an illustration of the function of law,
namely the concept where law can provide justice,
order, certainty, benefit, and peace.
3. Law Enforcement Theory
Law enforcement is carried out with the aim of
realizing a sense of justice, legal certainty, and
benefits for the community, especially perpetrators of
criminal acts, so that they can provide legal
protection, create a sense of security and achieve a
more peaceful life within the community.
4. Theory of Criminal Responsibility
The concept of criminal responsibility does not only
concern legal matters but also concerns moral values
or general decency adhered to by a society or groups
in society. This is done so that criminal liability is
achieved by fulfilling justice. (Rusmana, SH, 2006).
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3.5 Analysis and Discussion
3.5.1 Chronology of Case Study Decision
Number 592/Pid.sus/2019/Pn/Jkt.Brt
The chronology of this case began on Wednesday,
May 22 2019, where the West Jakarta District Court
had the authority to examine and try this case with the
defendant, Mr Daniel Iskandar, along with other
colleagues. who sell customer data using the financial
information reporting system (SLIK) of the financial
services authority (OJK) which contains the NIK
KTP, complete address of the customer, address of
work place, registered with any bank, number of
credit card limits, current or not credit card payments,
the data was sold for IDR 100,000 (One Hundred
Thousand Rupiah) per data. After obtaining the
customer data, the perpetrators launched a crime
starting with the victim named Mr. Ilham Bintang.
The perpetrator tried to contact Mr. Ilham
Bintang's telephone number but could not be
contacted because Mr. Ilham Bintang was in
Australia. Next, another suspect made a Subscriber
Identity Module for mobile or a new SIM card to get
a duplicate of Mr. Ilham Bintang's telephone number
by using a fake KTP in the name of Mr. Ilham.
Bintang at the Indosat outlet in the shopping center in
the Bintaro area. The fake ID card was made by one
of the female perpetrators with the initials TR in
Jakarta for IDR 1,250,000 (One million two hundred
and fifty thousand rupiah), then the ID card was made
At the request of perpetrator TR and perpetrator W,
the fake data and images (in separate files) sent by
perpetrator D alias E were handed over again to be
made to the perpetrator with the initials JW in the area
of Jl. Ciputat Raya No. 4, Pondok Pinang, Jakarta -
South with costs Rp. 300,000,- (Three hundred
thousand rupiah).
The syndicate of perpetrators then shared the task
of handing over Mr. Ilham Bintang's duplicate
number to other perpetrators to then break into the
account by hacking his personal e- mail account then
entering the Yahoo application to find out Mr. Ilham
Bintang's personal e-mail because it required a
password to open it. When asked to reset (To open
Mr. Ilham Bintang's e- mail, an OTP (One Time
Password) was sent to the new telephone number. So,
that was used as data to change the password (Br
Ilham Bintang's personal e-mail).
Then after the e-mail was opened, the bank data
was opened, so (Mr. Ilham Bintang's) account was
completely drained, because of this there was an
unknown transaction used on Mr. Ilham Bintang's
BNI Bank credit card by the perpetrator by making
purchases at LAZADA in the form of Vouchers. gold
amounting to Rp. 8,500,000,- (eight million five
hundred thousand rupiah) for 10 transactions totaling
Rp. 85,000,000,- (eighty five million rupiah) after
successfully spending the gold Voucher then
Redeeming the Voucher to the Pluang account
becomes After the Gold became Gold, the Gold was
bought for Rp. 85,000,000,- (Eighty-five million
rupiah) which was then resold by one of the
perpetrators with the initials E on the Pluang
application for Rp. 83,000,000,- (Eighty-three
million rupiah) within 2 (two) days the Pluang
application transferred Rp. 83,000,000,- (Eighty-
three million rupiah), to the Bank Sumsel Babel
account in the name of the perpetrator with the initials
AT in the amount of Rp. 37,000,000,- (Thirty seven
million rupiah) and to the BCA account of the
perpetrator with the initials NM amounting to Rp.
46,000,000,- (Forty-six million rupiah), while on Mr.
Ilham Bintang's M-Banking Commonwealth Bank
ID, a savings balance of approximately Rp.
255,124,666 was seen. ,- (Two hundred fifty-five
million one hundred twenty-four thousand six
hundred and sixty-six rupiah) at that time the balance
of the money savings had been used by the
perpetrator, stealing money through Commonwealth
Bank accounts and BNI Bank credit cards totaling
IDR 385,000 ,000 (three hundred and eighty-five
million rupiah), the perpetrator carried out this
operation by transferring transfers to other perpetrator
syndicates using various banks.
So according to Mr. Ilham Bintang, the losses in
the 2 (two) Commonwealth Bank accounts and the
BNI 46 Bank Credit Card were: Savings account
amounting to Rp. 61,405,491,- (Sixty one million
four hundred five thousand four hundred and ninety
one rupiah), Australian Dollar savings account
amounting to AUD.25,263 (Twenty five thousand
two hundred and sixty three Australian dollars) and
BNI Bank Credit Card 46 amounting to
Rp.85,000,000,- (Eighty five million rupiah).
The five defendants who underwent trial with split
cases included Desar (20), Teti Rosmiawati (46),
Wasno (52), Amran Yunianto (53), and Pegik (28).
Based on the evidence and facts obtained during the
trial, the defendant has been legally and convincingly
proven to have committed a crime, namely taking
customer funds by breaking into customer
accounts/hacking customer data, attempting to break
into credit cards, hacking or hacking telephones. , as
well as falsifying identity/KTP so that the panel of
judges imposed criminal sanctions in accordance with
Article 35 in conjunction with Article 51 paragraph
(1) in conjunction with Article 30 in conjunction with
Juridical Review of Taking Customer Funds Without Rights Through Electronic Transactions: Study Decision Number
592/Pid.sus/2019/Pn/Jkt.Brt
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Article 46 paragraph (1) of Law Number 11 of 2008
which has been amended to Law Number
19 of 2008 2016 Regarding information and
Electronic Transactions in conjunction with Article
363 of the Criminal Code in conjunction with Article
263 of the Criminal Code, namely:
1. "States that the Defendant Daniel Iskandar
deliberately and without right or against the law
manipulated electronic documents/broke into
customer accounts with the aim of obtaining
information and/or electronic documents as in the
first alternative indictment."
2. "Sentence the Defendant to prison for 10 (ten)
years."
3. "Determining that the period of arrest and
detention that has been served by the Defendant
shall be deducted entirely from the sentence
imposed."
4. "Determine that the defendant remains in
detention.”
5. "Charge the Defendant a case fee of IDR 2,000
(Two Thousand Rupiah).
3.5.2 Consideration of the Panel of Judges in
Imposing Criminal Sanctions Based on
Case Chronology
In giving a decision on a case, analysis is needed to
achieve a fair and appropriate decision so that the
analysis used can make it easier to resolve a case.
Where this analysis is divided into 2 (two) types,
namely the first by analyzing the formal
requirements, namely the use and fulfillment of all
evidence, the process of carrying out the trial and
giving the defendant the rights to have legal
representation or present all defenses before the trial.
then the second is the material requirements, namely
analyzing the accuracy of the accusations and/or
demands regarding the defendant's actions as well as
the accuracy of the judge's considerations and
decision.
1. Formal Requirements In deciding this case, the
Panel of Judges must first consider all evidence
in accordance with the applicable legal
regulations or provisions contained in Article
184 of the Criminal Procedure Code, namely
witness statements, expert testimony, evidence
contained in the decision and the defendant's
statement as well as additional evidence. in the
form of electronic information and/or electronic
documents.
2. Material Requirements (regarding the accuracy
of the accusations and demands with the
defendant's actions, as well as the accuracy of the
Judge's considerations before deciding the case).
The judge's considerations in imposing the severity of
the criminal sanctions imposed on the defendant for
the crime of manipulating electronic information
must consider the background and reasons why the
defendant committed the crime. Apart from that,
based on the examination at trial, it was not proven
that there were factors which eliminated the
Defendant's guilt, namely in the form of justification
or excuse reasons, and there were also no factors
which eradicated the unlawful nature of the
Defendant's actions, as a result the Defendant must be
responsible for his actions and the Defendant must
sentenced to crime.
3.5.3 Legal Protection Provided by Banks to
Customers who Are Victims of Theft
of Customer Funds Through Mobile
Banking as a Means
According to (Satjito Rahardjo) legal protection is an
effort to protect a person's interests by allocating a
Human Rights authority to him to act in the context
of his interests. Then according to (Setiono) legal
protection is an action or effort to protect society from
arbitrary actions by the authorities which is not in
accordance with the rule of law, to create order and
tranquility so as to enable humans to enjoy their
dignity as human beings.
Customer protection in banking is currently a
problem that has not yet found a good position or
place in resolving all problems in the national
banking system. (Jovinda Ganda, n.d.) where in
reality many bank customers are always considered to
be in a weak position and do not benefit if problems
occur. between customers and business actors,
namely the bank itself, so that it can be concluded that
customers are victims of every crime that occurs or
can be called the injured party. (Annisa & Pradani,
n.d.).
Legal protection must be guaranteed and given to
everyone, because it is part of human rights and this
has been regulated by law, this protection is also
inseparable from all bank customers who have
experienced a form of criminal act/crime either
conventionally or through internet network (mobile
banking). (Suhariyanto et al., 2016).
Legal protection for customers can be carried out
in 2 forms, namely (Ni et al., n.d.): firstly, there is
indirect protection, meaning that all risks of loss
experienced by victims/customers are caused by the
existence of a policy or from the activities of the
bank.( in article 29 paragraphs (2,3 and 4) in
conjunction with article 11, article 34 paragraphs (1,2
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and 3), in conjunction with article 35 of Law No.10
of 1998 concerning Banking, then the second is with
direct protection in the sense that the risks that occur
are due to all the mistakes of the bank (Presidential
Decree No.26 of 1998 concerning Guarantees for
Commercial Bank Liabilities, article 37 B paragraph
(1), (2), Law No.10 of 1998 concerning Banking).
(Hermansyah, 2009).
According to (Marulak; Padede) protection of
bank customer data in Indonesia can be done in 2
(two) ways, namely:
A. Implicit deposit protection, namely protection
resulting from effective bank supervision and
guidance, which can prevent bank bankruptcy. This
protection can be obtained through, (Budi Fitriadi,
2000). Among others
(1) Legislative regulations in the banking sector,
namely the rules or codes governing banking.
(2) Protection resulting from effective supervision
and guidance, carried out by Bank Indonesia,
supervising bank performance in protecting
customers who save funds and providing
guidance for those who are unhealthy.
(3) Efforts to maintain the business continuity of the
bank as an institution in particular and protect the
banking system in general,
(4) Maintaining the bank's health level, namely by
coaching carried out by Bank Indonesia.
(5) Carrying out business in accordance with the
prudential principle, the provisions of Article 2 of
Law Number 10 of 1998 stipulate that Indonesian
Banking carries out its business based on
Economic Democracy using the prudential
principle. From this provision, it shows that the
principle of prudence is one of the most important
principles that must be applied or implemented
by banks in carrying out their business activities.
(6) Methods of providing credit that do not harm the
bank and the interests of customers, and
(7) Providing risk information to bank customers.
B. Explicit deposit protection, namely protection
through the establishment of an institution that
guarantees public savings, so that if a bank fails, this
institution will replace public funds deposited with
the failed bank. This protection is obtained through
the establishment of institutions that guarantee public
savings, as regulated in Presidential Decree of the
Republic of Indonesia Number. 26 of 1998
concerning Guarantees for Commercial Bank
Liabilities. 3 Law Number 10 of 1998 concerning
Banking mandates the establishment of a Deposit
Guarantee Institution (LPS) as the implementer of
guarantees for public funds.
Then there are several aspects of computer security
system protection that are important for banks to
protect, namely:
a. Privacy and Confidentiality
The most important thing in this aspect is efforts to
protect data and information from parties who are not
allowed to access it. Privacy refers more to data that
is private. For example, user emails that admins are
not allowed to read. Meanwhile, confidentiality
relates to data given to a party for a certain matter and
is only permitted for that matter. For example, an
ISP's customer list.
b. Integrity
This aspect prioritizes that data or information must
not be accessed without the owner's permission. For
example, an email sent by the sender should not be
able to be read by anyone else before it reaches its
destination.
c. Authentication
This emphasizes the authenticity of data or
information, including the party who provided the
data or accessed it. Examples include using a PIN or
password.
d. Availability
Aspects related to the availability of information
when needed. An information system that is attacked
can hamper the availability of the information
provided.
e. Access Control
This aspect relates to how to access information. This
is usually related to data classification (public, private
confidential, top secret) & user (guest, admin, top
manager, etc.), authentication mechanisms and
privacy. Often done by using a combination of user
ID or password with other methods with cards.
f. Non-Repudiation
This emphasizes that a party cannot deny having
carried out a transaction or accessed certain data. This
aspect is very important when it comes to e-
commerce. For example, someone who sends an
email ordering goods cannot be denied having sent
that email. However, even though the bank has
provided security aspects as explained, there are still
risks associated with carrying out internet banking
activities, including theft of bank customer funds.
Through the internet.
Based on the case study that occurred, according to
the author's observations, the imposition of criminal
sanctions against the defendant is still very light,
namely 10 (Ten) years in prison, even though it is still
very possible to impose sanctions of more than 10
(Ten) years in prison because of his actions not only
materially detrimental, but if there is immaterial loss,
that is, it can disturb the public, then the panel of
Juridical Review of Taking Customer Funds Without Rights Through Electronic Transactions: Study Decision Number
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509
judges really needs to impose administrative
sanctions, namely in the form of returning customer
funds to the victim or freezing all the proceeds of the
crime or confiscating all the defendant's belongings
obtained from the proceeds of the crime. Then, banks
as business actors are expected to be able to improve
their security systems so that this can minimize the
forms of crime that occur.
4 CONCLUSION
1. The application of criminal sanctions against
people who commit a crime, especially in
taking/withdrawing customer funds without the
customer's property rights. If viewed from the ITE
law, it does not mention specific criminal sanctions
but only includes a comprehensive or comprehensive
definition, namely each person and their actions. who
violates all the rules or elements in the law, then every
person, whether individual, group or corporation who
is a legal subject can be held accountable so that it is
very possible to obtain criminal sanctions. So based
on the decision of the Panel of Judges which has
obtained permanent legal force (Inkracht) for case
study decision Number 592/Pid.sus/2019/Pn/Jkt.Brt.
The defendant has been legally and convincingly
proven to have manipulated electronic documents,
namely by breaking into customer accounts/hacking
all customer data so that the panel of judges handed
down a decision in accordance with Article 35 in
conjunction with Article 51 paragraph (1) in
conjunction with Article 30 in conjunction with
Article 46 paragraph (1) Law Number 11 of 2008
which has been amended to become Law Number 19
of 2016 concerning Information and Electronic
Transactions in conjunction with Article 363 of the
Criminal Code in conjunction with Article 263 of the
Criminal Code with a prison sentence of 10 years.
2. In order to maintain security factors and legal
protection for customers, the government established
a law that can provide legal protection and certainty
in the operation of electronic systems, namely Law
Number 11 of 2008 which has been amended to
become Law Number 19 of 2016 concerning
Information and Electronic Transactions. Article 15
paragraph
(1) of the ITE Law states that, "every electronic
operator must operate an electronic system reliably
and safely and be responsible for the operation of the
electronic system as it should be. Apart from the legal
umbrella above, there are other legal rules that can be
used as a legal basis. and in accordance with the
principles, functions and objectives of Indonesian
banking as stated in Article 2 of Law no. 7 of 1992 as
amended by Law no. 10 of 1998 concerning Banking,
that "Banks carry out their business on the basis of
economic democracy using the principle of prudence.
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Perlindungan Konsumen.
Peraturan Otoritas Jasa Keuangan Nomor 1/POJK.07/2013
tentang Perlindungan Konsumen Sektor Jasa
Keuangan,
Juridical Review of Taking Customer Funds Without Rights Through Electronic Transactions: Study Decision Number
592/Pid.sus/2019/Pn/Jkt.Brt
511