Supervision of Merchant Surcharge Imposition in QRIS Transactions Based on Bank Indonesia Regulation No. 23/6/PBI/2021 Concerning Payment Service Providers (Study in Medan Tembung MSMEs)

Abstract

This study examines the legal oversight of merchants regarding the imposition of surcharges in QRIS payment transactions based on Bank Indonesia Regulation Number 23/6/PBI/2021 concerning Payment Service Providers. The research focuses on two issues: the legal regulations prohibiting merchants from imposing surcharges and the legal consequences for merchants who continue to charge consumers these additional fees. This study uses an empirical legal research method with a legislative and conceptual approach, through literature review and deductive analysis of primary, secondary, and tertiary legal materials relevant to the research problem. The study results indicate that the imposition of surcharges on QRIS transactions fundamentally contradicts applicable regulations, as transaction costs, such as the Merchant Discount Rate, are the merchant's responsibility and may not be transferred or charged to consumers. However, in practice, merchants are still found to transfer these costs to consumers, creating a gap between legal norms and their implementation in the field. This situation has the potential to reduce public trust in digital payment systems and harm consumer rights as users of payment services. Therefore, it is necessary to strengthen the socialization of QRIS provisions, increase supervision by the competent authorities, and enforce firm and consistent sanctions to create legal certainty, consumer protection, merchant compliance, and realize a fair, transparent, secure, and sustainable digital payment system in Indonesia.