Pertanggungjawaban Hukum Platform Pinjaman Online Terhadap Kerugian Konsumen Akibat Pelanggaran Etika Penagihan

Penelitian

Abstract

The development of fintech has brought significant changes and utilized technology to improve efficiency, such as in investment services, online loans, and digital payments, all of which provide convenience for the public. In addition, there are still many legal and social issues that cannot be ignored, such as frequent violations of collection ethics, both directly by fintech platforms and through third parties (debt collectors). Legally, these violations give consumers the right to sue. This situation indicates a discrepancy between the applicable laws and their implementation in society. This study formulates two main issues: (1) how are the laws related to ethical debt collection in online lending services in Indonesia regulated, and (2) what factors cause unethical debt collection practices to continue despite the existence of regulations. The method used was normative juridical with a regulatory and conceptual approach, including provisions in the Consumer Protection Law, OJK regulations, and ethical guidelines for debt collection. The results of the study show that even though rules are in place and enforced, there are still legal loopholes in social and regulatory factors that contribute to violations. From a regulatory perspective, there is an emphasis on administrative sanctions, so that violations that actually constitute criminal offenses cannot be punished with administrative sanctions alone. From a social perspective, there is a lack of public awareness regarding their rights.