CIVIL LIABILITY FOR CUSTOMER LOSSES DUE TO SYSTEM ERRORS IN DIGITAL BANKING TRANSACTIONS

Abstract

The development of digital banking services has given rise to new legal consequences that are no longer simple, especially when there is a system error that has an impact on customer losses. Currently, there is no regulation that specifically and systematically affirms the limits and forms of bank civil liability for customer losses due to digital system failures. This condition creates a normative argument void in determining whether losses due to system errors are solely resolved through the bank's internal mechanism or can actually be qualified as a default that gives rise to a civil law obligation to compensate. On that basis, there are several issues that will be researched in this study, namely How do the provisions of civil law regulate the legal relationship between customers and banks in digital transactions? Can the error system in digital banking transactions be categorized as a default or force majeure according to civil law? What is the form of bank civil liability in dealing with claims for compensation due to consumer losses due to system errors in digital banking transactions?

This type of research is normative juridical, the nature of this research is descriptive analysis, using a legislative approach and a case approach. Data is sourced from secondary data by processing data from primary legal materials, secondary legal materials and tertiary legal materials. Document study data collection tool, with qualitative analysis.

Based on the results of the research, it is known that the provisions of civil law regulating the legal relationship between customers and banks in digital transactions can be seen from the provisions in the Civil Code, Law Number 10 of 1998 concerning Banking, and the ITE Law as last amended by Law Number 1 of 2024, and also refer to Articles 1320 and 1338 of the Civil Code. Furthermore, system errors in digital banking transactions can be categorized as defaults and not force majeure , this is because of these disruptions are generally within the control and operational responsibility of banks. In the end, it is understood that the form of bank civil liability in dealing with claims for compensation due to consumer losses because the error system in digital banking transactions is not only limited to the refund of the affected funds, but also includes the obligation to provide compensation for all losses incurred, both in the form of costs, real losses, or other losses that can reasonably be proven.