URGENSI KRIMINALISASI TERHADAP PELAKU PENYEDIA JASA FINANSIAL TEKNOLOGI PEER-TO-PEER LENDING ILEGAL (PINJAMAN ONLINE) DALAM HUKUM PIDANA INDONESIA

Abstract

The development of illegal peer to peer lending financial technology in
Indonesia has resulted in legal problems experienced by the community as
victims, this is because there is no specific law or regulation that regulates illegal
peer to peer lending financial technology. What was done to overcome this illegal
peer to peer lending financial technology was the blocking of applications,
websites carried out by the Investment Alert Task Force together with Kominfo,
this blocking sanction was not effective this was due to the ease with which peer
to peer lending technology financial applications and websites were created back,
while the existing rules, namely POJK No. 77/POJK 01/2016 which regulates
technology-based lending and borrowing services only applies to peer to peer
lending technology financials registered with the OJK so that strict sanctions are
needed in the form of rules or laws that have criminal sanctions in place.
This study uses a normative juridical research type, namely research that is
focused on examining the application of the rules or norms in law to legal
principles. The data collection technique in this research is literature study. The
approach used in this research is to use a normative approach, namely library
law research.
The results of the research conducted by the author are, first, criminalizing
a peer to peer lending technology financial service provider is urgent/important
this is because in its implementation activities there are many legal violations
such as threats, extortion to the dissemination of personal data experienced by the
public as Second, in overcoming the financial problems of illegal peer to peer
lending technology, rules or laws are needed that have criminal sanctions that
can ensnare this illegal peer to peer lending technology service provider.

Keywords: Financial Technology Peer to Peer Lending, Online Loan