Customer Protection Research Articles

Ensuring Legal Certainty: The Disbursement of Bank Guarantees

The precautionary principle, commonly associated with lending, extends beyond credit transactions to include other banking services such as bank guarantees. Bank guarantees serve as a form of debt guarantee provided by banks to their customers. This article addresses concerns related to the disbursement of bank guarantees during disputes and emphasizes the importance of customer protection in this context. The method employed is a normative juridical approach, incorporating conceptual, statute, and philosophical considerations. The findings reveal that the application of the Precautionary Principle in the Financial Services Authority Regulation (POJK) Number 18/2016 is evident through the inclusion of "Risk Management" provisions. In line with the Precautionary Principle, banks are advised to postpone disbursement when a legal dispute arises between the beneficiary of the bank guarantee and the customer who applied for it. To prevent controversies arising from bank guarantee disbursements, it is recommended that Bank Indonesia or the Financial Services Authority (OJK) establishes regulations specifically addressing the disbursement process for bank guarantees. This regulatory framework would contribute to the effective implementation of the Precautionary Principle in the context of bank guarantees.

Legal Protection for Digital Bank Customers in Indonesia

This legal journal provides an overview of legal protection for digital bank customers in Indonesia. This study aims to analyze the legal protection that digital bank customers in Indonesia receive. This study uses a statue approach and a conceptual approach using descriptive analysis techniques for analyzing legal materials.

The role of central banks in the protection of the banking clients: A law and regulation perspective

Customer protection remains a challenge, even in highly developed democracies, reflecting the overall socio-economic development of a region. This paper focuses on the protection of customer rights in the banking sector within selected Western Balkan countries, emphasizing the roles and legal competencies of central banks. The research aims to identify best practices and areas for improvement, particularly in Kosovo. Using qualitative research methodology, the study analyzes primary data from central banks and secondary data from various sources, comparing regulatory practices and the number of complaints across the selected countries. The findings suggest that while strides have been made in customer protection, further regulatory improvements and financial literacy initiatives are needed. The paper concludes by highlighting the importance of enhanced regulatory frameworks and customer education to ensure financial stability and protect customer rights, making a significant contribution to the ongoing discourse on consumer protection in the financial sector.

Ліквідність банку: сутність, фактори впливу та методи оцінки

Liquidity is the basis for the successful functioning of a bank. Loss of liquidity leads to a loss of solvency and, as a result, to an unsustainable financial condition of the bank. Today, special attention is paid to ensuring the liquidity of both an individual bank and the banking system as a whole. The article discusses theoretical approaches to the essence of the concept of «bank liquidity». As a result of the analysis, the main features of the bank’s liquidity have been allocated, namely: the ability to fulfill obligations in a timely manner and meet the needs for funds; balance between the terms and amounts of repayment of placed assets and the terms and amounts of fulfillment of the bank’s obligations; meeting the needs of solvent customers and fulfilling balance sheet and off-balance sheet obligations; ensuring solvency and fulfillment of payment obligations; providing loans and ensuring the protection of customers. The strategy of management of the bank’s assets is considered, its advantages and disadvantages are substantiated. External and internal methods for assessing the bank’s liquidity are presented, their essence and features of application are considered. The main internal factors that determine the liquidity of banking institutions are classified as follows: the structure of the resource base; adequacy of the bank’s equity; balance of the bank’s assets and liabilities by terms and amoun

Гуківська митниця: боротьба з контрабандною діяльністю на польсько-радянському кордоні у 1923–1924 роках

Background. The article, based on archival sources, analyses the anti-smuggling activities of a small customs body in a fairly limited period of time – Hukiv Customs in 1923–1924. The relevance of the proposed microhistorical research is added to the insufficient scientific development of the activities of Hukiv Customs on the Polish-Soviet border, which was caused by the short functioning of this customs body (which, during the research period, existed in various forms from 1918 to 1925) and the need to study methods of combating smuggling by Soviet customs bodies. Methods. The research is based on the principles of historicism and objectivity. A complex of general scientific and special historical methods was applied: methods of synthesis, induction and analysis, as well as historical and typological methods. Results. Analysing the reporting documentation of the Hukiv Customs in 1923–1924 (it controlled the Soviet section of the border on the Zbruch River between the villages of Zbryсh or, for a certain period, Zhabyntsi and Zaluchchia, now the Kamianets-Podilsky district of the Khmelnytskyi region), it was possible to establish the peculiarities of the functioning and anti-smuggling of this customs division in the considered period. It seems important to investigate the Hukiv Customs during the period of functioning of transitional, unstable customs control rules and the Customs Statute of 1924, which established the state monopoly on foreign trade. The dynamics of changes in contraband flows (in the initial period of existence of the "Zbruch border", immediately after the famine of 1921–1923), their composition and the export-import ratio were traced. On the basis of the study of the documentary base, localities with the highest percentage of smuggling risks have been localized. Particular attention is paid to the complicity of representatives of customs protection or Soviet special services in smuggling processes. Also, on the basis of information from the Soviet side, a historical and statistical study of illegal trade in the area of the Skala customs office (Skala, Tarnopol Voivodeship) of the Republic of Poland, which operated in the territories adjacent to the Hukiv Customs House, was conducted. Conclusions. The proposed article examines and analyses transformational phenomena (organized and personal smuggling, the ratio of export-import volumes of "packing", currency relations associated with illegal trade, development of trade cooperation) taking into account the historical context of the development of the fight against contraband flows in the area of the Soviet Hukiv Customs in 1923–1924

Обеспечение технологического суверенитета России посредством таможенных инструментов

The development of the Russian industry focused on the export of goods with high added value in modern conditions necessitates the search for new and improvement of existing customs instruments for the protection of domestic industry. The subject of the study is customs tools used as a protective mechanism of Russian industries and a way to stimulate industrial production. The purpose of the work is to determine the content of the concept of customs tools, to search for possible ways to protect domestic industry using customs tools. It has been established that the current import substitution measures are mainly general, vertical in nature and do not take into account the horizontal diversification of industrial production. Proposals have been formulated to clarify the concept of customs protection instruments in order to create a favorable and competitive environment for both Russian exporters and importers. The conclusion is made about the expediency of transforming state policy in terms of the application of customs and tariff regulation, in order to encourage the innovative component of the activities of economic entities.

Customer Protection And Money Laundering In The Era Of Digital Currencies: Are Malaysian Regulations Enough To Combat?

Customer Protection And Money Laundering In The Era Of Digital Currencies: Are Malaysian Regulations Enough To Combat?

Perbandingan Regulasi Bank Digital di Indonesia dan Singapura

In digital banking, customers who are served digitally can be done starting from the business connection between the bank and the customer starting from opening an account, executing account transactions, to closing a deposit account which is carried out through the use of Information Technology. This of course makes it easier for customers because these activities can be done anywhere. Behind the convenience obtained from using digital banking services, there are also risks involved. Thus, the need for legal protection for customers who use digital banks is necessary to protect consumers from customers in banking services, because the law integrates and serves society. However, unfortunately the regulations regarding Digital Banks in Indonesia have not yet stood alone and are still being reviewed by the OJK. Therefore, so that the special regulations for digital banks in Indonesia can be of good use and not harm any party, references are needed from other countries that have issued legal regulations regarding digital banking to see the legal regulations for digital banks that have been previously implemented in that country so that they can become a reference for the process of making special regulations regarding banking in Indonesia. One country that has implemented special regulations regarding digital banking is Singapore. Based on these problems, in this journal the author will discuss the General and Systematic Overview of Legal Protection for Digital Bank Customers in Indonesia and the Comparison of Digital Bank Regulations in Indonesia and Digital Banks in Singapore for Customers.

Protection of Bank Customers in Savings Account Hacking Through Illegal Links

Research regarding the protection of bank customers in savings account hacking through illegal links aims to determine legal protection for bank customers who are victims of burglary of savings accounts via illegal links based on the Indonesian ius constitutum. Customers are important people in the banking world and the security of both their data and savings must be maintained, however, there are still many irresponsible individuals who steal bank customer data through any application. The results of this research are that there is no ius constitutum regarding burglary via illegal links, but currently what can be used as legal protection for bank customers who are victims of cases of burglary of savings accounts via illegal links is Article 52 paragraph (2) of Law Number 10 of 1998 concerning Banking, then Article 28 paragraph (1) of Law Number 11 of 2008 concerning Information and Electronic Transactions, Article 362 of Law Number 1 of 1946 concerning Regulations on Criminal Law (KUHP).

Perlindungan Konsumen terhadap Pelayanan Kesehatan Antara Pasien dengan Tenaga Medis Dokter

The purpose of this study is to recognize and analyze the bond between doctors and sufferers in the perspective of customer protection law The type of research used in writing this law is normative legal research, with a research approach using legislation, concepts and types of data sources with secondary data and qualitative descriptive data analysis techniques. Discussion: This study examines the relationship between doctors and patients in the perspective of consumer protection law, then about patient losses for medical acts in general, then will review the legal responsibility of doctors from consumer protection in civil terms. Conclusion: There is an asymmetric relationship between doctors and patients, and laws are needed that protect consumers. The responsibility of doctors, which has been regulated in the code of medical ethics, criminal responsibility can arise if it is proven that there are inappropriate acts.

Production Sharing Agreement for Agricultural Land Encumbered with Liens in Southeast Sulawesi Indonesia

The aim of the research is to attempt to analyze the form of production sharing agreement for agricultural land which is encumbered with liens which is widely applied by agricultural communities so that a model of production sharing agreement can be identified that is in accordance with the characteristics of agricultural communities in Southeast Sulawesi, Indonesia. The method used is a qualitative descriptive research type with an empirical normative approach and using secondary data. The research results show that the form of agricultural land production sharing agreement which is burdened with liens which is widely applied by the agricultural community of Southeast Sulawesi is mostly done orally between the parties based on customary law. Understanding of agreements made following the traditions, beliefs and customs of the local community which include the use of agricultural or cultivated land, distribution of results, time and duration of the agreement, obligations and responsibilities of the parties, dispute resolution, and protection of honor and customs. The ideal form of an agricultural land production sharing agreement which is encumbered with a lien is to protect the interests of the parties, the form of the agreement should be in writing before and ratified by an authorized official and the contents of the agreement should include a mechanism for sharing the results or profits from the agricultural business, the time period includes the period during which the agricultural business will take place. and production sharing agreement, payment of profit sharing, responsibility of the parties, settlement if one party does not fulfill its obligations, and termination of the agreement.

Implementation of Customer Data Protection and Transaction Data in Using Mobile Banking (Case Study of PT Bank Central Asia, Tbk)

This research aims to determine the responsibility of banking institutions and the government in terms of legal protection for customers who use mobile banking services. Empirical normative research methods were used by the author in this research. This means evaluating the implementation of normative legal provisions (legislation) and is linked to field data obtained from interviews with subjects relevant to the research problem. The research data collection method is carried out through field studies (field research) and library research, namely conducting research by studying in the library through reading references in the form of books, articles and legal journals as well as through the results of interviews which are then used as material to produce conclusions that answer research problems. However, the data analysis used is qualitative data analysis, which means collecting, analyzing and interpreting primary and secondary data that is arranged systematically, clearly and in detail. Next, legal thinking logic is used to analyze this data. The research results show that the responsibility of banks and government institutions for losses experienced by customers should ideally be linked to proof that the losses originate from errors or negligence by the customer or the bank.

Law No 4 Of 2023 Reviewed From The Perspective Of Insurance Customer Protection

Objective: This research aims to analyze the juridical consequences of the enactment of Law No. 4 of 2023 on the explicit legal Protection of insurance customers in Indonesia.
 
 Methods: This type of research is normative research. The research uses secondary data consisting of primary and secondary legal materials. The data analysis technique uses qualitative data analysis, and the conclusion drawing technique uses deductive.
 
 Result: The research results show that the PPSK Law mandates the existence of a Policy Guarantee Institution under the Deposit Insurance Corporation. The regulations in the PPSK Law relating to the Deposit Insurance and Insurance Agency provide positive juridical consequences for explicit legal Protection for insurance company customers.
 
 Conclusion: The regulations in the PPSK Law relating to the Deposit Insurance and Insurance Agency provide positive juridical consequences for explicit legal Protection for insurance company customers, relevant to the theory of legal objectives for benefit that animates the formation of the PPSK Law.

Faktor Penghambat Perlindungan Hak Privasi Nasabah Akibat Kebocoran Data Pribadi Pada Aplikasi Pinjaman Online Dalam Perspektif Hukum Perdata

The aim of this research is to discuss the protection of the privacy rights of customers who carry out electronic transactions on online loan applications in light of Law Number 27 of 2022 concerning personal data protection. By reviewing the problems regarding leaks of personal data in online loan applications as well as factors inhibiting legal protection of customers' personal data for actions that are detrimental to customers, this research can take advantage. The method used in this research is a normative legal research method and is supported by empirical data. The results of this research suggest that it is necessary to carry out regular and continuous supervision by the Government, in this case the Police, the Consumer Dispute Resolution Agency, and the Indonesian Consumers Foundation. For business actors in online loan applications, then carry out good coordination between related and authorized parties in resolving a case/case.

Strategies and Challenges of Unified Payment Interface

The Indian economy is gradually curtailing its overdependence on currency-based transactions and thereby moving closer to digital and mobile-based payment transactions. The main objective of the paper is to provide an in-depth theoretical understanding of the Unified Payments Interface (UPI), its current pace of growth and the possible future penetration based on polynomial trendline projection, the possible challenges that limit future penetration, and the various strategies to overcome these challenges. The paper used the previous six years’ UPI penetration statistics from 2016 to 2017 and established trends using polynomial trendline equation for the purpose of anticipating future penetration. The study also used statistics from published reports of the Reserve Bank of India (RBI) and the National Payment Corporation of India (NPCI) to draw meaningful conclusions on future UPI penetration. The study finds that the targeted one billion UPI transactions per day is achievable. The article contributes towards applied research by providing a decision-making tool to support policymakers, the government, and payment service providers, among others. Strategic applications of this research outcome include Unified Dispute and Issue Resolution processes, the RBI’s lapse management, customer protection measures, UPI limit management, expansion of Internet user base and promoting digital financial inclusion in India.

Corporate social responsibility reporting and investment: Evidence from mergers and acquisitions

AbstractWhile corporate social responsibility (CSR) has played an increasingly important role in corporate decision‐making, the role of CSR disclosure in a firm's investment activities remains poorly understood. This study investigates the impact of CSR disclosure on mergers and acquisitions (M&As), which are pivotal investment activities. We find that firms disclosing voluntary CSR reports experience significantly stronger market reactions to M&A announcements than those that do not disclose such reports. Specifically, acquisitions by voluntary CSR disclosers achieve 1.2% higher returns upon acquisition announcements, leading to a substantial increase in shareholder value. Our findings are consistent across a series of robustness tests. Additional analyses suggest that the positive market reactions are especially tied to voluntary disclosures concerning the protection of employees and customers, and that the quality and financial materiality of voluntary CSR disclosures amplify positive market responses. We also find that voluntary CSR disclosers exhibit better long‐term post‐acquisition market and operational performance. Collectively, our findings suggest that voluntary CSR disclosures bolster acquisition returns by mitigating stakeholder resistance. Additionally, by leveraging the unique conditional CSR disclosure regulation in China and using a staggered DID design, we observe a diminished market reaction for acquirers following mandatory CSR disclosures. Overall, this research provides new insights into the contrasting effects of voluntary and mandatory CSR disclosures, emphasizing the vital role of effective stakeholder CSR communication in the success of M&As.

Perlindungan Hukum Terhadap Investasi Kripto Pada Aplikasi Tokocrypto

The purpose of this research is to provide knowledge about the security of cryptocurrency and the laws that protect it in Indonesia. In addition, it is also an insight to be aware of fraud. This research takes a normative and statutory juridical method approach through some literature related to the problem of this research by understanding the laws that have been collected. Tokocrypto is a trading and investment platform where the process is based on agreements and regulations submitted by Tokocrypto. Regarding safety issues and customer protection, it has been explained in BAPPETI No. 11 of 2022 (Determination of the Crypto Asset Trading List on the Crypto Asset Physical Market), Regulations, Bappebti Regulation No. 2 of 2019 concerning the Implementation of the Commodity Physical Market on the Futures Exchange, Bappebti Regulation No. 5 of 2019 concerning Technical Provisions for the Implementation of the Crypto Asset Physical Market on the Futures Exchange. Tokocrypto assets are officially processed by parties who work and cooperate with Treasury with the permission of BAPPETI No. 001/BAPPEBTI/CP-AK/11/2019 dated November 18.

DIGITAL BANK LEGAL CHALLENGES: SECURITY PROTECTION AND LEAKAGE OF CUSTOMER PERSONAL DATA

Technology and digitalization are growing and affecting various economic and industrial fields, one of which is banking industry. The presence of technology and the phenomenon of digitalization has directed this industry to a digital transformation process through digital banking. Digital banking was developed to serve customers faster, easier, and in accordance with customer experience, itcan be done completely independently by customers while still paying attention to security aspects through optimizing digital technology systems. The presence of lifestyle integration, automation in banking services is an important aspect that needs attention. Security and customer trust are important for banks, socustomers trust banks as a one-stop service for their financial needs. However, the problem faced in the digital banking era is how fardigital banking can be done by improving the quality of service to customers while paying attention and without compromising transaction security. In addition, there are cyber security issues related to consumer data protection, which until now do not have special regulations to provide legal certainty. The urgency of consumer protection for digital banking services will be assessed using legal research methods with a doctrinal approach contained in primary and secondary legal materials. The purpose of this study is to examine and analyze the developments and legal challenges of digital banking consumer protection in Indonesia. Basically digital banking in Indonesia has regulations but only limited to two things, namely digital banking services and regulations regarding the legal status of the existence of digital banks in Indonesia. For digital banking services, it is regulated in POJK No.12/ POJK.03/2018. Meanwhile, the legal status of the existence of digital banks in Indonesia is regulated in POJK No.12/POJK.03/2021. The challenge of implementing digital banking includes 6 (six) aspects, one of which is customer protection of personal data and the risk of data leakage that does not yet have specific regulations governing it. The principle of effective customer protection in banking law is for common goals and can be implemented, so that each banks can serve and protect customers better without harming other parties.

Upholding Banker’s Duty of Confidentiality in Tanzania: an Examination of Legislative and Judicial Responses

Abstract Trust and confidence are the foundations of a banker-customer relationship. As a result, any information customers submit to their bankers is expected to be kept confidential. This expectation can only be met if the relevant legislative frameworks are in place to ensure that bankers are held accountable for their confidentiality agreements. While there is legislation in place to protect the privacy of customer information in Tanzania, a growing number of laws, notably those dealing with crime prevention and control, have been enacted, with the consequence of undermining bankers’ confidentiality obligations. Therefore, this article examines how recent legislative and judicial developments have addressed the confidentiality obligations imposed on bankers. In general, it has been observed and established that the protection of customers’ information provided by banking laws is usually degraded by other laws, particularly those pertaining to crime prevention, hence weakening banker’s duty of confidentiality.

LEGAL PROTLEGAL PROTECTION FOR CUSTOMERS OF CECTION FOR CUSTOMERS OF CONVENTIONAL INSURANCE COMPANIES THAT CONVERT INTO SHARIA GENERAL INSURANCE

The problem of legal protection for customers who are members of insurance companies that carry out conversion from conventional insurance to general Sharia Insurance has indications of the emergence of legal problems. This is because the customer must decide whether to renew the policy contract with Adira Insurance for conventional general insurance products or change the policy contract to a Sharia General Insurance Policy. The research method used is normative juridical. The purpose of this study is to answer about legal protection for customers who are members of insurance companies that carry out conventions from conventional insurance to general Sharia Insurance. The results showed that its urgency to find a format and solution from the company for all former clients of PT Zurich Insurance Indonesia so that clients who do not want to transfer their policies to Sharia General Insurance have clear certainty and legal protection.