Perlindungan Hukum Penggunaan Data Elektronik Milik Debitur oleh Kreditur Terkait Adanya Perbuatan Melawan Hukum dalam Pinjaman Online untuk Penagihan Utang Menurut Peraturan Perundang – Undangan yang Berlaku

Abstract

Today, technology begins to develop in various sectors. One of them is financing which develops significantly now; various technological information based- financing services exist. One of the fast services of using Fintech is the loan financing service by online. This service is usually called Peer to Peer Lending (P2P Lending) as one of the Finteh products which brings together a creditor with a debtor through an electronic system or technological information. The mechanism of conditions in the lending process by online is by using debtors personal data. It is not uncommon that some bad people use them to bill by online since they are easily accessed by creditors as the application providers even though it is regulated in the POJK (Regulation of Financial Service Authority) No. 77/POJK 01/2016 on Technological Information based-Loan Financing Service. However, creditors' rights are not accommodated in this regulation in managing debtors' personal data, and there is no maximum sanction upon it. The research employs juridical normative method with statute approach and descriptive analytic design. The data are obtained from primary, secondary, and tertiary legal materials through library research.

The result of the research shows that the system of lending by online with personal data is often misused, and illegal offense is usually committed with personal data in which the creditors use all debtors' contact persons in billing. SMS. and calling repeatedly all the time which can disturb debtors. Therefore. today, many loan by online harms people materially and immaterially. The government attempts to protect debtors legally, either in civil law or in criminal Law, by issuing Law No. 27/2022 on Protection for Personal Data in digital financing sector and by validating it for protecting the people. In order to minimize the financial loss in loan by online, the government also issues some regulations, and one of them is UU ITE which can protect the activities of financing service electronically in loan by online and encourages the protection of debtors personal data.