ANALISIS HUKUM RISIKO SISTEMIK MERGER BANK SYARIAH TERHADAP SISTEM EKONOMI NASIONAL (STUDI KASUS MAINTENANCE BSI AKIBAT SERANGAN RANSOMWARE)

Dimas Adi Prasetiyo, NIM.: 20103080047 (2024) ANALISIS HUKUM RISIKO SISTEMIK MERGER BANK SYARIAH TERHADAP SISTEM EKONOMI NASIONAL (STUDI KASUS MAINTENANCE BSI AKIBAT SERANGAN RANSOMWARE). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

The development of banking law has facilitated the growth and development of the sharia banking industry in Indonesia. The challenge of competition between the sharia and conventional banking markets is the main focus in the transformation of the sharia industry. The large potential of sharia finance and banking has encouraged the acceleration of sharia banks to become large banks by carrying out corporate merger actions. Three large state-owned banks, namely; Bank Syariah Mandiri, Bank Rakyat Indonesia Syariah and Bank Negara Indonesia Syariah united to form 1 (one) new entity called Bank Syariah Indonesia (BSI) which brings the trend of increasing finance and the national sharia banking market. However, not even 3 (three) years since the formation of Bank Syariah Indonesia, BSI was faced with the challenge of maintenance cases allegedly due to ransomware attacks which collectively occurred over 4 days and indicated a systemic risk. BSI's maintenance actions create a dualism of interests in saving customer systems and assets (data) with the interests of customer access in carrying out transactions. Based on this, this research focuses on analyzing the relationship between maintenance and systemic risk and finding common threads in maintenance cases in the context of proportionality of legal interests. This research analysis also tries to find the relationship between mergers and systemic risk on national economic stability. This type of research is library research using a juridical-normative approach. The analytical method used is descriptive-analytic. Data collection in this research used documentation methods and library studies of sources related to the subject matter in the form of laws, books, journals and other library materials. Next, the data is processed and analyzed using existing theoretical frameworks, namely banking legal theory, consumer protection legal theory, and sadd al-żarī'ah theory. The results of this research indicate that the implementation of BSI maintenance occurred as a result of a ransomware attack and created systemic risks. According to banking law, maintenance is valid if the system is damaged and threatens to cause leakage of customer assets (data). Meanwhile, according to consumer protection law, openness and certainty of information for customers needs to be considered to avoid losses. A comparison of the sadd al-żarī'ah rules shows that the disadvantages arising from maintenance are smaller and provide more benefit for banks and customers. This research also concludes that mergers are related to the concept of too big too fail systemic risk in the banking sector which threatens national economic stability.

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