Perlindungan Hukum Bagi Nasabah Bank dalam Penggunaan E-KYC pada Pembukaan Rekening Baru Secara Online sebagai Bentuk Inovasi Keuangan Digital (Studi pada Bank Tabungan Negara Kantor Pusat Jakarta)

Abstract

Financial Services Authority Regulation Number 23 /POJK.01/2019 stipulates that Bank must verify the correctness of the identity of prospective customers through face to face meetings with prospective customers at the beginning of a business relationship in order to ensure the correctness of the identity of prospective customers. The verification process through face to face meetings can be replaced by verification through electronic means. There is a conflict between the principle of knowing the customer and the right to privacy which should be bridged by the protection of personal data. This research examines: (1) the function of E-KYC in the implementation of banking services in Indonesia, (2) the Bank's legal responsibility in protecting Customer Personal Data in connection with the practice of E-KYC and (3) the form of protection of Customer Personal Data implemented by BTN Jakarta Head Office in the practice of E-KYC. This research uses descriptive analytical normative legal research with a statutory approach method that examines the use of E-KYC in opening new accounts using the BTN-Mobile application at BTN Jakarta Head Office. This research uses data collection techniques by means of literature study and interviews and uses qualitative data analysis. The results of this study indicate that the practice of E-KYC is implemented with the term Customer Due Dilligence (CDD) which applies to any activity in the form of identification, verification and monitoring carried out by the verification Bank through electronic means owned by the bank or owned by a third party. Banks as EKYC providers must meet the aspects of security, interconnectivity and compatibility with the systems used, have technical support services, maintenance and / or aftersales from the seller or provider and have a guarantee of service sustainability so that they can be registered as electronic system providers in the banking sector. If these responsibilities are not carried out, the Bank will be sanctioned with a written warning up to the revocation of business license. BTN Mobile electronic system has been registered as an Electronic System Operator (PSE) in the domestic private sphere. This is a concrete manifestation of Bank BTN's efforts to protect customer data using the BTN Mobile electronic system, which uses international standard security technology.