Medios de pago electrónico a nivel internacional

In Indonesia, the advances and exponential growth in information, communication and technological infrastructure have enabled the banking industry to provide modern payment systems to its consumers, including payment card system services. However, similar to what is happening in other jurisdictions, the greater financial system dependence on information technology, such as through the pervasive use of ATM/debit card in e-commerce and banking transactions, has been shown to increase the risks associated with payment card transactions.

642 _{Card holders who claim fraud because of transactions they have honestly forgotten. See Meyer and}

Matyas, above n 72, 4456.

643

Ibid.

644 _{Oracle Corporation, above n 398, 35. See also Hendry, above n 203, 379.}

645 _{Jeremy Kirk, Fraudsters Find Holes in Debit Card Fraud Detection (2010) Computerworld}

<http://www.computerworld.com/s/article/9193378/Fraudsters_find_holes_in_debit_card_fraud_detectio n?taxonomyId=17&pageNumber=1>. See also Siciliano, above n 455.

144 Concerns about e-banking or e-commerce transaction trustworthiness indeed exist in Indonesia. In their assessment of Information and Communication Technologies in Indonesia, Owen et al concluded that there is a widespread lack of trust and confidence in the security, integrity, reliability, and enforceability of electronic transactions.646 The biggest concern for bank depositors is whether their funds will be lost through unauthorised transactions, which utilise electronic banking system weaknesses.

Banks are most vulnerable to and apparent targets of several methods of fraud. Despite each individual transaction being of relatively small value, the total number (and thus value) of unauthorised transactions that steal consumers funds from banks are believed to be very high. This can be seen from Bank Indonesia’s consumer complaint records concerning ATM/debit card fraud, which has increased quite significantly. In 2012, consumer complaints regarding ATM/debit card transactions numbered 24,400 complaints, an increase 28.42% compared to the previous year’s complaint volume.647 Apart from this report, the number of consumer complaints about unauthorised ATM/debit transactions appearing in various mass media (both paper-based or on-line) are relatively high and sufficient to draw attention to the problem. Consumer complaints were not only about pervasive fraud in ATM/debit operations, but also highlighted the failure of bankconsumer dispute resolution processes within the banking industry. Most of the complaints were about the occurrence of payment card fraud and the objections of the banks to redressing consumer losses.648

In Indonesia, all payment card institutions have an obligation to report fraud in their payment card system to Bank Indonesia on monthly basis. The importance of accurate statistical data is recognising by Bank Indonesia.649 Bank Indonesia’s policy on how

646

Owen et al, above n 64, 10.

647 _{Karnoto Muhamad, 'Adu Pelayanan di Tengah Ancaman [Service Competition in the Middle of}

Threat]', Infobank May 2013, 223.

648 _{Unfortunately, there is no comprehensive data about the number of consumer complaints appearing in}

the mass media.

649 _{Ida Nuryanti and Susiati Dewi, 'Chapter 3: the Development of E-Payment and Challeges in Indonesia}

' in Vincent Lim Choon Seng (ed), The Development of E-Payments and Challenges for Central Banks in the SEACEN Countries (South East Asian Central Banks (SEACEN) Research and Training Centre, 2008) 96. According to them, providing accurate statistical data of e-payment industry and ensuring that operators comply with Bank Indonesia regulation, including the customer protection principle, is ‘of great importance’: at 96. Accurate statistical data will help the regulator in making the right policies in developing a healthy e-payment industry. Operators’ compliance with regulation, especially to consumer protection principles, is of a great importance since public trust is one of the main factors to develop the industry’: id.

145 banks should treat payment card reports is very clear. Bank Indonesia has urged that every report, all information and/or data submitted by the principal, issuer, acquirer, and other institutions to Bank Indonesia, must be submitted in full, and be correct and accurate.650 Nevertheless, comprehensive, easy to access, correct and accurate fraud data on e-banking transaction in Indonesia is still not available to the public.

Data obtained from an unpublished report from the Electronic Data Warehouse in Bank Indonesia reveal that there is an increasing volume and value of an ATM/debit card fraud in Indonesia, as is shown below:

Table 1: Type of ATM/Debit Card Fraud and Data

Type of Fraud

Bank’s ATM/Debit Card Fraud Data 2011 2012

Volume Value* Volume Value*

Counterfeit Card 96 945.15 101 1,139.92

Lost/Stolen Card 10,059 225.14 10,498 234.17

Damage Card 377 42.97 381 42.45

Card Not Received 2 0 2 1.98

Application Fraud 0 0 0 0

Card Not Present Transaction

0 0 0 0

Miscellaneous 951 0.60 443 0.20

Total: 11,485 1,213.86 11,425 1,418.72

*Value in million Indonesian Rupiah.

Sources: Bank Fraud Monthly Report  Electronic Data Warehouse (unpublished)

The increasing incidence of fraud has also been identified by the central bank. The magnitude of the problem can be gauged from the number of incidents of fraud that have come to light in the recent past. The escalating number and volume of transactions has been matched by a significant rise in card-based payment instrument crimes.651 The fact that such incidents are not only increasing in number but also are more varied in terms of fraud methods has forced Bank Indonesia (as the central bank of the Republic of Indonesia) to enact more detailed Bank Indonesia regulations concerning the security aspect and reliability of the system.652

650 _{BIR-CBPI art 34.}

651

See ‘General Review’ in the elucidation of Peraturan Bank Indonesia Nomor 6/30/PBI/2004 Tentang Penyelenggaraan Kegiatan Alat Pembayaran Dengan Menggunakan kartu [Bank Indonesia Regulation Number 6/30/2004 Concerning Operation of Card-Based Payment Instrument Activities].

652 _{See the consideration section of Bank Indonesia Regulation Number 14/2/PBI/2012 Concerning}

Amendment of Bank Indonesia Regulation Number 11/11/PBI/2009 Concerning Operation of Card- Based Payment Instrument Activities] (‘BIR-CBPI’).

146