Indonesian Journal of Law and Economics Review
Vol 2 No 2 (2019): February

A Critical Review of Legal Protection Against E-Money Users in Indonesia

Saivol Virdaus (Faculty of Law, Universitas Islam Kadiri)
Nasrulloh Ali Munif (Department of Economy, STAI Muhammadiyah Tulungagung)



Article Info

Publish Date
06 Feb 2019

Abstract

Protection of e-money users must be done based on the increasingly advanced science and technology. The formulation of the problems in this study are: (1) What is the legal provision regarding e-money as a means of payment in commercial transactions in Indonesia? (2) What is the legal protection of e-money users in conducting commercial transactions in Indonesia? The formulation of the problem was studied in depth using the normative juridical approach. The results of this study are: First, e-money is regulated in Bank Indonesia Regulation Number 10/8 / PBI / 2008 concerning Amendments to Bank Indonesia Regulation Number 7/52 / PBI / 2008 concerning the implementation of Card-Based Payment Instrument Activities. Bank Indonesia Regulation Number 16/8 / PBI / 2014 concerning Amendments to Bank Indonesia Regulation Number 11/12 / PBI / 2009 concerning Electronic Money (Electronic Money). E-money issuers as regulated in Article 1 paragraph (1) of Bank Indonesia Regulation Number 16/8 / PBI / 2014 are Banks and Non-Bank Institutions incorporated in the form of Limited Liability Companies (PT). While the legal status / relationship between the holders of electronic money with the issuer of e-money money is based on the contract of sale and purchase, which has been regulated in Article 1457 of the Civil Code. Second, legal protection for e-money users can be done in two ways, namely: Preventive Legal Protection and Repressive Legal Protection

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Journal Info

Abbrev

ijler

Publisher

Subject

Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice

Description

Indonesian Journal of Law and Economics Review (IJLER) is published by Universitas Muhammadiyah Sidoarjo four times a year. This journal provides immediate open access to its content on the principle that making research freely available to the public supports a greater global exchange of ...