This research entitled Costumers Law Protection who makes an Electronic
Transaction through Banking Short Message Service. The problems of the research are how
the contract validity of electronic transaction facility through Banking Short Message Service
does and how does the law protection of Banking Short Message Service users if technical
and human error occurred. Thus, this law research is aim to find out the contract validity
between bank and costumers on the electronic transaction through Banking Short Message
Service and to determine the law protection of Banking Short Message Service user if
technical and human error occurred. The research is normative research or statute approach.
The result show that electronic contract conducted by Banking Short Message Service is
valid as long as it meet requirements of electronic contract validity based on Article 17
Clause 2, Article 8 and Article 15 of Laws No. 11, 2008 concerning information and
electronic transaction. It is cleared by the existence of Lex information principles based on
The Theory of International Space and customer law protection if human error occurred
caused by those customers is customer’s responsibility. But, if the human error which is
occurred caused by bank programmer so the bank party will be responsible for that error. If
there is technical error is responsible of electronic agency or service provider. In Article 21
Clause of Law No. 11, 2008 about information and electronic transaction, bank party is also
responsible even though those service providing involve third party. It reinforced by Bank of
Indonesia Regulation No. 9/15/PBI.