TINJAUAN YURIDIS TENTANG UANG ELEKTRONIK DI INDONESIA

BUDI YOGAPRAMUDITA, Drs. Paripurna P, S.H., M.Hum., LL.M.

2015 | Tesis | S2 Hukum

This thesis entitled Juridical Review of Electronic Money in Indonesia. Technology and trade development causes changes in the needs of the community. Instrument of payment by cash in the form of coins and banknotes are now grown conventionally in the form of payments made through the electronic system. One way of electronic payments using electronic money. Electronic money was used as a means of payment, but not as deposit as stipulated in the Banking Law, so it is not guaranteed by the Deposit Insurance Agency. Three issues are examined in the study were process and the validity of the electronic funds transfer using electronic money in Indonesia, the validity of the electronic money issued by nonbank institutions and reasonable limitation obligations between consumers and financial institutions in the event of dispute the use of unauthorized electronic money. The research results showed that the process of the Electronic Funds Transfer Electronic Money in Indonesia has a variety of diverse depending on the side of the discussion, such as customer engagement and involvement of the principal. Electronic funds transfer using electronic money in Indonesia will be valid if it has a transaction record electronic documents. Electronic money can be issued by non-bank institutions, which the agency received permission from Bank Indonesia to issue Electronic Money. Validity of Electronic Money issued by nonbank institutions if they have the principle of transparency and harmony by Regulation No. 11 of 2009 and PBI No. 16 in 2014. The organizer of the electronic payment system has a reasonable obligations between consumers and financial institutions in case of dispute the use of electronic money unauthorized namely by applying the principle of Responsibility Based Error Elements, principles Presumption for Always Responsible, principles Presumption for not Always Responsible, Absolute Responsibility Principle, principle of Responsibility with Limitations, and principles of Responsibility by Default.

This thesis entitled Juridical Review of Electronic Money in Indonesia. Technology and trade development causes changes in the needs of the community. Instrument of payment by cash in the form of coins and banknotes are now grown conventionally in the form of payments made through the electronic system. One way of electronic payments using electronic money. Electronic money was used as a means of payment, but not as deposit as stipulated in the Banking Law, so it is not guaranteed by the Deposit Insurance Agency. Three issues are examined in the study were process and the validity of the electronic funds transfer using electronic money in Indonesia, the validity of the electronic money issued by nonbank institutions and reasonable limitation obligations between consumers and financial institutions in the event of dispute the use of unauthorized electronic money. The research results showed that the process of the Electronic Funds Transfer Electronic Money in Indonesia has a variety of diverse depending on the side of the discussion, such as customer engagement and involvement of the principal. Electronic funds transfer using electronic money in Indonesia will be valid if it has a transaction record electronic documents. Electronic money can be issued by non-bank institutions, which the agency received permission from Bank Indonesia to issue Electronic Money. Validity of Electronic Money issued by nonbank institutions if they have the principle of transparency and harmony by Regulation No. 11 of 2009 and PBI No. 16 in 2014. The organizer of the electronic payment system has a reasonable obligations between consumers and financial institutions in case of dispute the use of electronic money unauthorized namely by applying the principle of Responsibility Based Error Elements, principles Presumption for Always Responsible, principles Presumption for not Always Responsible, Absolute Responsibility Principle, principle of Responsibility with Limitations, and principles of Responsibility by Default.

Kata Kunci : Hukum Perbankan, Uang Elektronik, Alat Pembayaran, Hukum perlindungan konsumer