PERLINDUNGAN HUKUM TERHADAP DATA PRIBADI DEBITUR DALAM PERJANJIAN PINJAMAN ONLINE BERBASIS FINANCIAL TECHNOLOGY

JULIAMA, SITI MARISHA and Panjaitan, Saut Parulian and Syaifuddin, Muhammad (2024) PERLINDUNGAN HUKUM TERHADAP DATA PRIBADI DEBITUR DALAM PERJANJIAN PINJAMAN ONLINE BERBASIS FINANCIAL TECHNOLOGY. Masters thesis, Sriwijaya University.

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Abstract

One of the breakthroughs in technology is the emergence of financial technology (fintech) for lending services, commonly known as fintech lending. This system facilitates lending and borrowing agreements conducted online, allowing parties to complete transactions without meeting directly. Consequently, this process involves the use of clickwrap and browsewrap contracts, which are electronic agreements created by the parties using an electronic system. On the other hand, many problems arise with the existence of financial technology peer to peer lending, and one of the problems is related to personal data. The purpose of this study is to analyze the legal protection of debtor's personal data in Financial Technology-based online loan agreements and the Legal Effects of Agreements made by Creditors and Platform Providers. The method used in this research was normative legal research aimed at producing new arguments, theories or concepts as prescriptive in solving the problem at hand. The approach used was legislation (Statute Approach), Conceptual Approach, Futuristic Approach. The legal materials are analyzed using qualitative analysis and deductive inference. The research results reveal that Legal Protection of Debtor Personal Data in Online Loan Agreements Financial technology has been guaranteed in Indonesian law and the one specifically regulates online loans, known as Financial Services Authority Regulation Number 77/ POJK.01 / 2016 concerning on Information Financial Technology-Based Lending and Borrowing Services. The legal consequences for agreements between customers and creditors that involve a breach of customer data include the possibility of the agreement being annulled by the court, with the creditor required to compensate the debtor. Legal protection of debtor personal data in fintech-based online loan agreements will become increasingly important in the future. Preventive legal protection is implemented through agreements that include rules and consequences for violating the agreement. Repressive protection offers a judicial system for consumers who are harmed by the misuse of personal data by online loan service business actors. Keywords: Agreement, Online Loan, Financial Technology.

Item Type:	Thesis (Masters)
Uncontrolled Keywords:	Perjanjian, Pinjaman Online, Financial Technologi.
Subjects:	K Law > K Law (General) > K3150 Public law K Law > K Law (General) > K623-968 Civil law
Divisions:	02-Faculty of Law > 74101-Law (S2)
Depositing User:	Siti Marisha Juliama
Date Deposited:	06 Jan 2025 05:02
Last Modified:	06 Jan 2025 05:02
URI:	http://repository.unsri.ac.id/id/eprint/162582

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