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PERLINDUNGAN HUKUM KONSUMEN TERHADAP PELANGGARAN PADA PEER TO PEER LENDING ILEGAL
Fintech is the latest innovation for people in finance in Indonesia. The presence of fintech has become a solution for those who still use the traditional banking system. In today's era of globalization, this innovation ensures that all levels of society can enjoy financial services easily and safely. One type of fintech is online loans. Fintech Lending, also known as Fintech Peer to Peer Lending (P2PL), is a legal funding platform that gives fund owners the opportunity to provide loans online. This concept is adapted to technological advances in the financial sector so that it can produce a more practical financial transaction process in a modern way. Fintech P2PL (peer-to-peer lending) as a provider of financial loan services has a legal status that has been regulated by the Financial Services Authority Regulation (POJK) Number 77/POJK 01/2016 concerning Information Technology-Based Money Lending Services. However, on the other hand, many problems have been found in the implementation of fintech in Indonesia. One of these problems is the discovery of fintech in the form of illegal P2PL. The growth of P2PL in Indonesia is ultimately not only in legal P2PL, but also illegal P2PL. In this case, illegal P2PL is in great demand by the public because of the ease of procedures in online loans. The ease of procedures in online lending actually poses a risk of default for both debtors and creditors. This risk must later be redeemed with an average loan interest above the conventional banking credit interest in general. Illegal fintech peer to peer lending often uses unethical collection practices, including threats and intimidation. People who are trapped in illegal loans often experience serious financial losses, which can have an impact on their welfare and even trigger other social problems. This study aims to analyze legal protection for consumers trapped in illegal P2PL practices, as well as to evaluate the effectiveness of existing regulations. The research method used is empirical legal research with a normative juridical approach. In the data collection method, the author focuses the method of collecting materials on literature studies which include primary legal materials and secondary legal materials. The results of the study show that although there are regulations governing fintech, such as Financial Services Authority Regulation Number 77/POJK.01/2016 and Bank Indonesia Regulation Number 19/12/PBI/2017, the implementation and enforcement of the law against violations committed by illegal P2PL fintech are still very weak. Many illegal P2PL fintech companies operate without permits and engage in collection practices that are detrimental to consumers, including intimidation and the distribution of personal data without permission.
FAKULTAS SYARI’AH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
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