TANGGUNG JAWAB HUKUM PIHAK BANK DALAM MELAKUKAN PENGAWASAN TRANSAKSI GESEK TUNAI MENGGUNAKAN KARTU KREDIT

In general, the use of credit cards by customers is intended as a replacement payment with cash which can be redeemed for goods and / or services needed. This credit card facility provides convenience to customers because there is no need to carry cash that is at risk of criminal acts. In addition, one of the benefits of credit cards is that customers can make cash withdrawals at ATMs even though the main function of credit cards is for payment. But cash withdrawal using a credit card or commonly referred to as Cash Advance is very different from cash withdrawal using debit card. There are certain rules that limit the use of credit cards as a cash withdrawal tool. Cash withdrawals using a credit card have a withdrawal limit depending on the bank policy and the specified limit. Because of these limitations then creates a new phenomenon called cash friction transactions / cash withdrawal transaction credit card. Cash friction transactions or commonly referred to as GESTUN, a solution for customers who have credit card owners who want to make cash withdrawals but not through ATM. Card owner customers simply visit stores or merchant that have credit card swipes (EDC), then withdraw cash according to the desired amount. By doing GESTUN, credit card customers seem to be spending goods through the store, but the acquired is not goods but money. So customers do not take the goods but take cash for the amount of withdrawals desired or worth the price of the goods. Although Gestun transactions provide convenience to customers in withdrawals, but Bank of Indonesia prohibits the existence of cash withdrawal transactions (Gestun) using credit cards. Through Bank of Indonesia Regulation Number 11/11 / PBI / 2009 concerning the Implementation of Card-Based Payment Instruments (APMK), cash withdrawal transactions (Gestun) are categorized as either harmful actions committed by merchants. Article 8 paragraph (2) of Bank Indonesia Regulation stipulates that a Bank or Financing Institution here in after referred to as an Acquirer shall terminate its cooperation with a merchant performing adverse action. Furthermore, in the explanation section it is stated that included in the meaning of adverse action is the act of merchant adverse Principal, Issuer, Acquirer and / or Cardholder, among other traders known to have cooperated with the perpetrator of crime (fraudster), processing cash withdrawal transaction credit card, or processing additional transaction fee (surcharge)