Perlindungan Hukum Terhadap Konsumen (Pengguna Pinjaman) Atas Perbuatan Melawan Hukum Yang Dilakukan Oleh Debt Collector Dalam Penyelenggaraan Pinjaman Online (Studi Kasus Pada Aplikasi Adakami)

Zulfikar, Zulfikar (2022) Perlindungan Hukum Terhadap Konsumen (Pengguna Pinjaman) Atas Perbuatan Melawan Hukum Yang Dilakukan Oleh Debt Collector Dalam Penyelenggaraan Pinjaman Online (Studi Kasus Pada Aplikasi Adakami). Other thesis, Universitas Islam Riau.

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Abstract

Fintech Peer to Peer Lending (P2P) or also known as Online Lending is the use of technology that connects lenders and borrowers who use the use of technology, namely the internet in carrying out lending and borrowing transactions. However, there are still unlawful acts in the implementation of collections carried out by debt collectors from the online loan provider. The problems in this study include: How is the legal protection of consumers (loan users) for unlawful acts committed by debt collectors in online loan collection (on the Adakami application) and how to resolve disputes that consumers can do against unlawful acts committed by debt collectors. This research belongs to the category of normative-empirical legal research. It is a type of research that uses secondary data (from the library) and is supported by primary data, such as an interview with someone who needs information. And for the nature of this research is descriptive can also be described as research whose data collection process allows the researcher to produce descriptions of the social phenomena studied. This research shows that the form of consumer protection for loan users for unlawful acts committed by debt collectors in collections or against P2PLending Operators by the OJK can be by providing administrative sanctions, warnings, fines, sanctions for partial termination of activities, suspension of business, and revocation of business licenses. For individual debt collectors who commit violations, OJK will put the name of the debt collector on the blacklist of authorities which later for P2PLending Operators cannot or are prohibited from using the debt collector's services again in debt collection. Dispute resolution that can be done by consumers against fintech P2PLending operators or by the first debt collector if the Operator is licensed or registered with the OJK, then consumers can report to the OJK or AFPI which is an official association appointed by the OJK. Before that, it can be resolved internally between the two parties (internal dispute resolution), then it can conduct Mediation through the Alternative Dispute Resolution Institution (LAPS) and finally through the courts.

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