CRIMINAL SANCTIONS FOR BETTERING CUSTOMER FUNDS THROUGH AUTOMATED CASH TELLERS FROM AN ISLAMIC LEGAL PERSPECTIVE

: Information technology has developed rapidly, including Internet access. Internet-based technology has also developed well as a basic human need. The development of information technology certainly also raises various problems as a result of modern technology. One of the problems in Indonesia is Anjungan Tunai Mandiri (ATM) burglaries. The author wants to know of the Islamic view of Anjungan Tunai Mandiri (ATM) burglary which has been protected by laws and regulations for perpetrators. This research is included in the type of library research (library research). This research method is in the form of an inductive


Introduction
The entire country's economic system is influenced by the development of globalization and technological sophistication.With the rise in economic activity carried out by a nation, a situation will certainly occur that is commensurate with the active movement of capital circulation that occurs within it.With conditions like this, the fields of economics and finance will definitely move forward or be more successful over time with internet-based technology.
The scientific method of news has become an important tool for the activities of various sectors of life which has made a maximum contribution to fundamental changes in the format of activities and institutional governance, knowledge, fitness and observation up to the field of financial institutions.The role of scientific methods in achieving practical goals in the banking sector is very large, because the success of a banking system cannot be avoided from the existence of sophisticated information. 4 today's sophisticated life, banking products that take advantage of technological developments include what we know as Automated Teller Machines.The existence of an ATM machine will save customers time compared to visiting branch offices.With the existence of ATM technology, there is no need to withdraw money via an ATM, but rather to make banking operations practical and less time consuming, especially withdrawing and depositing money quickly and comfortably.The use of ATM machines by customers will certainly reduce the number of queues at a bank branch office.However, the increasing circulation of money through ATMs is without us understand that it can lead to criminalization.There are points of ATM vulnerability that can trigger bad things with the axiom of PIN looting or embezzlement of ATM cards and even theft of customer funds via ATM machines. 5The research explains the criminal sanctions related to the potential for criminal acts of ATM burglary.Apart from that, this research reviews the views of Islamic law regarding criminal penalties.
This problem shows that there is a weakness in the Bank's safety or security methods, namely the breach of customer funds.Then Bank Indonesia's performance was less than optimal in carrying out its authority to supervise the banking industry. 6Several types of crime in ATM burglary must of course be resolved quickly and precisely, prosecuted, processed quickly and precisely by law enforcement in Indonesia, implemented and executed quickly accompanied by valid verification as strong legal evidence.Bank burglary, both conventional and sharia banks, is a criminal act known as white collar crime which is carried out by someone who is intellectual through the use of technology and looking for loopholes in banking regulations and applicable legal rules, especially Islamic law which regulates regarding legal rules in accordance with Islamic sharia, especially regarding operational laws of sharia banks. 7ses of breaking into banks are a matter that often occurs in bank financial institutions in Indonesia.Theft of bank customer funds via ATMs using skimming techniques is widespread, for example in Jakarta and Surabaya.Apart from that, on the island of Bali, ATM break-ins often occur at Bank Mandiri, BNI, BCA, BRI and Bank Permata.Based on evidence from the Central Bank (BI), customer funds were compromised through 13 of its main ATM machines located on the Island of the Gods at the same time, reaching 236 accounts.There have been many reports related to this crime, not only in conventional banks but also in sharia banking, including Mandiri Syariah Bank, BNI Syariah, NTB Syariah, BRI Syariah.8Through the perspective of Islamic law used in this research, it can provide an overview for the Muslim community regarding criminal acts of burglary.Apart from that, the relevant sharia supervisory institution can be a means of indicating sanctions in accordance with sharia.
Bank burglary is a banking criminal act, based on the provisions contained in the banking law.Overall, this does not mean that all forms of criminal crimes in the banking sector have been regulated in the banking law, but it will pay attention to the type of criminal act. 9Apart from that, as a country with the largest Muslim population, it is necessary to review it from the perspective of Islamic law.Losses to bank customers due to criminal acts committed by internal parties are the bank's responsibility to replace them, however, if the bank is breached, it collapses or even goes into liquidation, so the bank is powerless and responsible for returning the savings funds of customers as banking customers. 10e potential losses that may arise can be overcome by knowing the criminal sanctions for criminal acts of ATM burglary.During this time, the progress of fulfilling obligations and legal sanctions applied by criminal law has expanded, in the legal formula for criminal cases, the obligation to fulfill obligations is not only directed at individuals, but can also be held accountable as a corporation. 11As for the problem of formulating obligations for cooperation sanctions in the application of law in Indonesia, it has not been implemented to date, because the draft for fulfilling obligations or applying corporate penalties is still not understood comprehensively, this draft is also in a gray area. 12is research also shows the liability of several parties for the criminal act of ATM burglary.Especially from banking and government.The final impact of the understanding between the bank customer or their representative and the bank is stated in the Deed of Agreement ratified by both parties, in the end the bank must work on the results of resolving the dispute as a form of accountability. 13mprehensive interpretation in reviewing the formulation of corporate responsibility of banks towards perpetrators of cyber crimes in order to protect bank customers in submitting legal responsibility for corporate crimes in Indonesia still requires understanding and study of the applicable laws.Apart from that, looking from the perspective of Islamic law to show that the act of hacking an ATM is false behavior.Thus, researchers are interested in studying criminal banking sanctions for theft of customer funds through automated teller machines from an Islamic legal perspective.

Literature Review
ATM is one of the services in the banking sector on an electronic channel basis which is expected to provide efficiency for customers to carry out transactions at various branch offices using machines.The process of breaking into a bank is often carried out by involving internal parties from affiliated banks who definitely understand comprehensively the procedures and security schemes of the bank in question.The participation of these internal affiliated parties, some of which are original ideas and synergies from internal parties in the bank, but there is also collaboration from internal parties and parties outside the Bank, usually someone who damages the Bank's system or is a hacker via the internet. 14e negative impact of this crime is that the injured party is not only the bank, it will also have an impact on damage to the national banking system. 15The negative impacts felt by national banking include a crisis of public confidence in banks.Other parties affected are bank customers, especially savers, who are the victims who suffer the most. 16ndling conflicts between banks and customers who use ATMs if they experience a loss of savings funds can be resolved through banking mediation. 17Through an initial process, namely a submission by the bank customer or representative to Bank Indonesia (BI), the mediation procedure is carried out after the bank customer or representative and the bank ratify the mediation testament, carried out within 30 x 24 hours and can be appendix until the next 30 working days.

Method
Using normative juridical legal research methods, we will carry out the process of reviewing, testing and carrying out research related to the discussion of banking criminal sanctions regarding theft of customer funds through Automated Teller Machines.Obtaining data to answer research problems was carried out through a statutory approach and Islamic law to analyze comparisons (comparative approach). 18This research also uses literature study to  The method for collecting data as legal material uses documentation techniques by investing and classifying existing legal materials related to sanctions for criminal acts of ATM burglary.Then a recording process will be carried out with quotes, summaries and reviews related to the topic.After several legal materials have been collected, they will then be analyzed based on Islamic Sharia law through deductive and inductive argumentation.Systematic study of data and descriptive discussion.

Sanctions for ATM Hacking According to Legislation
The crime of breaking into an ATM account is a criminal act of theft, this is due to taking (1) A person who commits a criminal offense will be imprisoned for a maximum of 6 years or fined IDR 600,000,000.00(Six Hundred Million Rupiah).( 2) Anyone who meets the elements as intended in article 30 paragraph (2) will be punished with a maximum imprisonment of 7 years or a maximum fine of Rp. 700,000.00(Seven Hundred Million Rupiah).
(3) And if someone commits a crime, he will be imprisoned for 8 years or a maximum fine of IDR 800,000.00(Eight Hundred Million Rupiah).
The banking crime referred to in Article 49 paragraph (1) which states that the constituents of the board of commissioners, directors or employees of the bank with the intention of first manifesting or giving rise to writing that is not in accordance with the truth in the inventory or in the final reporting procedures, or in archives or business implementation news, transaction information or bank accounts.Secondly, obliterating or not recording or causing non-performance of writing in codification or in news reports, or in files or business implementation reports, negotiation reports or bank accounts.Third, changing, disguising, covering up, eliminating writing in final records or business reports or bank accounts, or with premeditated intentions, is subject to the provision of a criminal sentence of imprisonment behind bars for a minimum of 5 (five) years and a maximum of 15 (fifteen) years.by paying compensation of at least Rp.10,000,000,000.00(ten billion rupiah) and a maximum of Rp.
200,000,000,000.00 (two hundred billion rupiah). 20 Article 49 paragraph ( 1) is part of the provisions of the article which can punish individuals for banking crimes involving bank robbery carried out by affiliated parties such as supervisory boards, directors and bank employees with the axiom of sending incorrect telex information or destroying deposits without the permission of bank customers who are the owner.However, the regulation regarding the criminal act of bank burglary is not regulated specifically or has automatic articles or provisions in Law Number 10 of 1998 concerning Banking.When determining a criminal behavior in criminal law, it is known as criminalization, the explanation above has been explained regarding the interpretation of criminal acts according to Muladi, saying that it is a form of realizing behavior that was not initially criminal behavior or was not yet a crime because it was not regulated comprehensively in the criminal regulations.
certain cases can constitute a criminal offence. 21iminalization is based on behavior that is considered to be a crime.However, the criminalization formula in banking crimes is not the same as the criminalization formula in the economic sector in general, for example money laundering and corruption which are

Banking Crimes from Islamic Law Perspective
In general, there is a similarity in stance between Islamic law and positive law, namely in terms of objectives.These two sources of law aim to maintain the interests of society and maintain peace in life.The crime of theft is a hudud or punishment that has been confirmed in the Al-Quran and Hadith.Some of the general elements of jarimah include: 1. Formal elements, namely there are legal provisions that prohibit and condemn the actions of jarimah 2. Material element, namely there is an unlawful act, either a real act or an act of inaction.
3. The moral element, namely the perpetrator is a Mukullaf, this element is related to criminal responsibility for someone who has reached puberty, is rational and free from the element of coercion and is in full consciousness.
The crime of theft in Islamic law is cutting off the hand, while the conditions for cutting off the hand for the crime of theft are: 1. Puberty  As a step to anticipate the crime of ATM machine burglary, it is important for customers to change their PIN number regularly, then the bank can increase security.Technology-based information services can bring great benefits and risks.In Islamic law, ATM burglary is an act of theft, in which generally a thief is sentenced to have his hand chopped off.However, it will apply differently, if you do not reach the nisab, you will only be subject to ta'zir or punishment based on human values.
obtain primary and secondary data from various literature such as books, journals, results of previous research, articles and laws and regulations related to the research object. 19Discussions related to legal issues in this research certainly require several legal sources, including primary legal sources in the form of statutory regulations such as the Criminal Code, Law Number 11 of 2008 concerning Information and Electronic Transactions, Law Number 10 of 1998 concerning Amendments to Laws.-Law Number 7 of 1992 concerning Banking, Law Number 3 of 2011 concerning Fund Transfers.Then we collected secondary legal materials in the form of studies from books about law, legal journals, and the Internet related to the problems in the research.
another person's rights.Regulations regarding banking criminal behavior have been contained in Law Number 10 of 1998 concerning Banking, especially in Article 51 paragraph (1) with the redaction of atrocious behavior as intended in Article 46, Article 47, Article 47 A, Article 48 paragraph (1), Article 49, Article 50, and Article 50 A are crimes.The punishment has been explained in article 46 paragraphs 1,2 and 3 which explains if someone commits the crime of skimming as regulated in paragraph.
specifically regulated in special regulations.Regulations regarding criminal acts in the banking sector are not contained in one specific law, but are spread across several regulations.Several regulations protect the public from criminal acts in the banking sector, such as Law Number 10 of 1998 concerning Banking, and other laws that regulate matters directly related to banking, such as Law Number 13 of 1999 concerning Bank Indonesia and Law Number 21 of 2011 20 Rachmadi Usman, Aspek-Aspek Hukum Perbankan di Indonesia (Jakarta: Gramedia, 2001). 21Abdul Qadir Muhammad, Ensiklopedia Hukum Pidana Islam (Bogor: Kharisma Ilmu, 2011).concerning the Financial Services Authority.Elimination and preventive procedures for criminal bank burglary behavior carried out by unscrupulous bank employees such as the board of commissioners, cranes and bank employees, guided by Law Number 10 of 1998 concerning banking, have resulted in dissimilarity to the growth of cruelty found in the banking world.The atrocious behavior of bank burglaries carried out by affiliated parties is currently giving rise to fundamental legal problems in the banking world by responding to the increasing number of criminal cases of bank burglaries that are currently occurring.22(Titon S Kurnia, 2013).
Discussion is an important part of an article, containing a clear description of the results of research data analysis, interpretation or interpreting of findings in the field, linking research results with concepts, theories or other relevant research results, compiling new theories or modifying existing ones and implications for scientific developments in their respective fields Conclusion Problems related to crime at ATM machines have occurred a lot in society, usually the perpetrators take advantage of the situation at the ATM machine.Crimes at ATM machines that are currently widespread include "Personal Identification Number (PIN) block".Society certainly needs legal protection against such crimes.Legal protection that can become a legal umbrella for society includes Law Number 17 of 1992 jo. Law Number 10 of 1998 concerning Banking by applying the precautionary principle, some of which are Article 29 (2), (3), (4) Article 37B (1), (2).Law Number 8 of 1999 concerning Consumer Protection, which is given to bank customers as consumers of banking services in chapter III, chapter IV and Law Number 11 of 2008 concerning Information and Electronic Transactions which contains legal protection given to customers in the use of ATMs, especially in the form of electronic transactions, some of which are as stated in article 3, article 15 (1).Sulistyowati: Criminal Sanctions for... [160] ж Vol. 10, No.02, Desember 2023 ж Abdul Hafith, Muhammad Saleh dan Rudi Masniadi, 'Kualitas Layanan ATM Bank NTB Syariah dalam Rangka Meningkatkan Kepuasan Nasabah', Indonesian Journal of Social Sciences and Humanities, 1.4 (2020) <https://doi.org/10.23560/ijs.v1i4.50>. 16Nur Fadhilah, 'Pengaruh Layanan ATM dan Mobile Banking Terhadap Loyalitas Nasabah Bank Sulselbar Cabang Sinjai', Banco: Jurnal Manajemen dan Perbankan Syariah, 2.2 (2020) <https: //doi.org/10.35905/banco.v2i2.1808>.