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

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

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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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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