Perlindungan hukum terhadap debitur peer to peer lending terkait debt collector dan peer to peer lending illegal dalam penagihan utang = Legal protection of peer to peer lending debtor related to debt collector and illegal peer to peer lending in debt collection

Sonia, Eztha Oke (2019) Perlindungan hukum terhadap debitur peer to peer lending terkait debt collector dan peer to peer lending illegal dalam penagihan utang = Legal protection of peer to peer lending debtor related to debt collector and illegal peer to peer lending in debt collection. Bachelor thesis, Universitas Pelita Harapan.

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Abstract

Indonesia is currently developing a money lending service that can be done electronically, called Peer to Peer Lending (P2P Lending) and already has regulations namely POJK No.77/POJK.01/2016. However, many cases of misuse of debtor’s personal data along with debt collection with threats are at an all-time high in these past few years casualties, to which at an approximate 4.500 complaints have been receive by the Lembaga Bantuan Hukum (LBH). The matter to be discussed from this research are knowing the protection of debtors as victims & their law enforcement. In concluding this research uses empirical normative methods, because of the main sources were the constitution and interviews. The interviews were conducted with Otoritas Jasa Keuangan (OJK), LBH, and one of the registered peer to peer lending platform is Pinjam Yuk. From this research, it was found that the violations weren’t just conducted only by unregistered P2P Lending platforms, but also the registered platforms. OJK were not responsible for the spread personal data which is due to the use of unregistered P2P Lending platforms, even though the victims of financial services. The victims can report all the torts and threats that were conducted by debt collectors in order to prosecute their actions and for the losses incurred to the police with the help of LBH, or report it by themselves. The necessity of knowing more about P2P Lending is very important before excuting money lending, because it is still many irresponsible people seeking profits by creating an unregistered plarforms that certainly not safe to use, as it is not under OJK, and if violation occurs by a registered platform OJK could punish them with administrative sanction based on Article 47 in POJK No.77/POJK.01/2016 and based on Article 45B in Undang-Undang No. 19/2016, or if there is a loss that arises the victim can file a lawsuit.

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