Pertanggungjawaban Pidana Jasa Pinjaman Online yang Menimbulkan Tindak Pidana terhadap Konsumen Pinjaman Online

Abstract

Online Lending Services are regulated by The Financial Services Authority
(OJK) Number 77/POJK/01/2016 concerning Information Technology-Based
Borrowing and Borrowing Services. When a customer makes an online loan
transaction, the desk collector will fill out the customer’s debt. However not a few
of these desk collectors cause criminal acts for their customers, many of their
customers are constantly threatened by desk collectors so they feel threatened and
are afraid of the threats from the desk collectors. Regarding criminal liability, it is
often limited to being borne by third parties. The main issues in this research are:
How is law enforcement against Online Loan Services causing criminal acts
against consumers of online loans; How is the criminal liability of online loan
services that causes criminal acts against consumers of online loans.
The type of research used in this research is normative legal research or it
can also be called doctrinal legal research. Normative legal research is library law
research. This research is focused on legal principles. The principle of law used in
this research is the principle of expediency. The data analysis used in this research
is qualitative data analysis which will produce descriptive data.
From the study results, it was concluded that, first, based on the legal
analysis conducted, law enforcement has not been fully applied to online loan
services as corporations. This is marked by the burden of criminal liability which
is only borne by third parties when it should have been the online loan services who
will take responsibility However, law enforcement is still minimal, even though
Article 53 paragraph (1) of the Financial Services Authority Regulation Number
1/POJK.07/2013 concerning Consumer Protection in the Financial Services Sector
has directed this matter. Second, criminal liability so far has only focused on third
parties, while online loan services as business entities are not subject to criminal
liability. This is because regulations regarding online loan arrangements have
limitations in terms of specific rules (lex specialis) which result in online loan
service businesses still being able to operate even though the desk collector has
committed a crime and has been given a sanction.
Keywords: Criminal Liability – Online Loans – Criminal Acts - Consumers