International Journal of Law


ISSN: 2455-2194

Vol. 6, Issue 5 (2020)

Reconstruction of the legal protection policy for debtors who failed to pay in an online money loan contract based on justice value

Author(s): Dika Anggara Putra, Ahmad Rofiq, Umar Ma’ruf
Abstract: The purpose of this research is to analyze the implementation of legal protection for debtors who have failed to pay or defaulted on online money loan contracts in Indonesia currently and in order to do that the author analyzed the factors that result in the implementation of legal protection for debtors who have defaulted on online-based money loan contract which currently isnt able to reflect the value of justice to then reconstruct legal protection for borrowers who experience default in online money loan contract based on the value of justice. The study was conducted in the perspective of the Constructivism paradigm with the type of socio-legal research and qualitative approach methods. Data used in this research are from interviews and questionnaires supported by literature, legislation and various public documents, while the data analysis was carried out by the method of qualitative critical analysis. The results showed that the factors that influence the implementation of debtor protection when unable to pay their debts to financial technology institutions are experiencing an overlapping rules, the lack of reach of law enforcement in cases of fraud under the guise of financial technology institutions, and the influence of globalization that has resulted in the growth of financial institutions. This fact show that the technology management in Indonesia is getting out of hand. This problem according to the author can be overcome by reconstructing Article 3 of the Financial Services Authority Regulation Number 1 / Pojk.07 / 2013 and Financial Services Authority Regulation (POJK) Number 77 / POJK.01 / 2016, in which the financial service business actors are not only entitled to information. Related to consumers or debtors but also obliged to maintain the confidentiality of consumer or debtor data. It is also necessary to clearly regulate the position of financial technology institutions in the Financial Services Authority Regulation Number 1 / Pojk.07 / 2013 and the Financial Services Authority Regulation (POJK) Number 77 / POJK.01 / 2016 clearly and to regulate information on the process of public complaints against Indonesian Financial Fervices Authority (OJK), especially in cases of financial technology institutions, then it is necessary to regulate sanctions related to financial technology that violates the law
Pages: 242-247  |  43 Views  13 Downloads
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