PERLINDUNGAN HUKUM PIDANA TERHADAP KORBAN LAYANAN PINJAM MEMINJAM BEBASIS TEKNOLOGI DI INDONESIA

M. Imam Indra, Erdianto Effendi, Erdiansyah Erdiansyah

Abstract


The development of fintech is very significant in Indonesia, so there is a
special concern regarding legal protection for its users because this is because
there is no special regulation that regulates fintech itself, both in the form of
protection of privacy and data privacy of users who register themselves on online
platforms. So that in practice it triggers the emergence of various criminal acts in
the form of fraud, extortion, and so on which have the potential to cause very
large losses. And criminal acts that occur are regulated by law. Based on the
main idea above, several problems can be formulated, namely how is the
protection of criminal law for victims of technology-based lending and borrowing
services in Indonesia and what are the types of criminal acts of technology-based
lending and borrowing services in Indonesia.
The writing of this thesis uses normative legal research methods with
library research data collection, namely by researching library materials or
secondary data in the form of primary legal materials, namely related
regulations, secondary legal materials, namely related documents and tertiary
legal materials. which is a guide to primary and secondary legal materials or
research on legal systematics. The secondary data that has been compiled is then
analyzed using qualitative methods to obtain results or conclusions, namely by
applying the law in accordance with the criminal act experienced such as the
distribution of personal data as regulated in Article 32 in conjunction with Article
48 of the ITE Law, threats regulated in Article 365 of the Criminal Code and
Article 29 in conjunction with Article 45 of the ITE Law and other criminal acts.
Keywords: Fintech, Legal Protection, Lending Services, Technology

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