The rapid growth of mobile banking has encouraged banks to improve their digital-based
services to customers, leading to the enactment of the Financial Services Authority
Regulation on Digital Services by Commercial Banks, one of whose articles prohibits risk
assumption. The prohibition on risk liability states that banks cannot be held responsible for
risks caused by goods/services, where the definition of risk in the regulation is referred to as
a discrepancy in specifications or indirect benefits that can be interpreted as a loss for bank
customers. This study aims to analyze the bank's responsibility in the event of losses incurred
by customers due to the use of mobile banking and to provide answers on the bank's
responsibility in the event of losses incurred by customers due to the use of mobile banking.
The results of the study show that the bank's responsibility in the event of losses incurred by
customers due to the use of mobile banking is conditional. Losses caused by risks from
products and/or services belonging to bank partners are not the responsibility of the bank in
accordance with Article 17 of POJK 21 of 2023, so these losses are the responsibility of the
bank partners. Banks cannot be held liable for customer losses unless it can be proven that
there was negligence or error on the part of the bank that could have caused the loss.
Although banks relatively immune from liability for risk because the agreements made
between banks and customers contain trust as an important element, banks must continue to
pay close attention to their customers and choose reliable banking partners to provide good products and services to bank customers.