Legal Aspects and Role of Ojk In Bank Digital by Digital Banking Services During Post-Covid 19 Pandemic in Indonesia

Abstract

Objective: The purpose of this research is to analyze the implementation of bank digital by digital financial services that are able to maintain bank secrecy and personal data security; and to analyze the application of prudent banking principles in the implementation of bank digital by digital services in Indonesia; and it also aim to analyze the role of the OJK in regulating and supervising Bank Digital by digital services post Covid 19 pandemic.   Research Method: The method in this research is normative juridical research with a statutory approach and a conceptual approach, using secondary data in the form of: a) Primary legal materials include Law No. 10 of 1998 concerning Banking, Law No.21 of 2011 concerning the Financial Services Authority, Law No.27 of 2022 concerning Personal Data, Civil Code, OJK Regulation No.12/POJK.03/2021 concerning Commercial Banks; b) Secondary legal materials include literature, scientific articles. Analysis of qualitative normative data, namely by interpreting data based on legal theory, legal principles and legal norms.   Results: Article 1 number 3 and 16 of the Banking Law and OJK Regulation No.12/POJK.03/2021 concerning Commercial Banks that every party carrying out activities to collect funds from the public in the form of deposits must obtain a business license as a Bank from the OJK. Indonesian Legal Entity Banks (BHI) can operate as Digital Banks and provide digital services. Article 40 of the Banking Law requires banks to maintain bank secrecy. Article 65 of the Personal Data Law prohibits legal subjects use personal data without the permission of the data owner. Article 2 of the Banking Law requires banks to carry out their business activities based on the prudent principle. Banks are required to apply “knowing your customer” principle in providing credit to customers or collecting funds from customers (Article 8 of the Banking Law). Article 7 of the OJK Law states that the OJK has the authority and duties to regulate and supervise banks.   Conclusion: the implementation of a digital bank with digital services is able to maintain the security of bank secrecy and personal data, because it is implemented based on the Banking Law and the Personal Data Law. Implementation of the Bank's prudential principles in digital banks with digital services by applying the principle of getting to know the bank's customers. The OJK's role in regulating and supervising digital banks in digital services needs to be increased so as to provide legal certainty in their implementation.