%0 Thesis
%9 Skripsi
%A Muhamad Adlan Syah, NIM.: 22103040049
%B FAKULTAS SYARI’AH DAN HUKUM
%D 2026
%F digilib:77932
%I UIN SUNAN KALIJAGA YOGYAKARTA
%K Pertanggungjawaban Pidana Korporasi, Pinjaman Online, Penagihan
%P 164
%T PERTANGGUNGJAWABAN PIDANA KORPORASI DALAM PRAKTIK PENAGIHAN PINJAMAN ONLINE DI DAERAH ISTIMEWA YOGYAKARTA
%U https://digilib.uin-suka.ac.id/id/eprint/77932/
%X This study examines the the rapid growth of online loan (fintech lending)  users in the Special Region of Yogyakarta has often been accompanied by rising  cases of default. This situation has prompted application providers and outsourcing  companies to employ collection methods that violate legal norms, such as verbal  threats, dissemination of personal data, and misuse of emergency contacts, all of  which severely harm consumers and third parties. This study examines the legal  issues surrounding structured debt collection practices in Yogyakarta and analyzes  the construction of corporate criminal liability for such actions under prevailing  positive law.  The research method applied is empirical juridical research with a  conceptual and statutory approach. Primary data were obtained through direct  interviews with online loan victims, victims of emergency contact misuse, debt  collectors, HR staff from third-party companies, and representatives of the  Financial Services Authority (OJK) in Yogyakarta. Secondary data were collected  through literature studies and analysis of online loan contract agreements. This  study employs Aggregation Theory and Vicarious Liability Theory as the theoretical  framework to assess the imposition of collective and proportional corporate  criminal liability for the actions of debt collectors.  The findings reveal two main points. First, based on empirical data in  Yogyakarta, debt collectors employed excessive methods such as psychological  terror, dissemination of information to emergency contacts, and even sending  fictitious orders (such as gravestones), which clearly meet the elements of  cybercrime. These acts violate positive law and are legitimately classified as  criminal offenses of threats and extortion through electronic means, as regulated  under the ITE Law as lex specialis. Second, criminal liability for unlawfull debt  collection practices in Yogyakarta is not limited to individual debt collectors but  also extends to corporations as service providers. Since debt collectors act on  behalf of the company, their violations are tied to corporate interests. Target  pressures, managerial neglect, and normalized intimidation patterns demonstrate  collective fault that fulfills the elements of Article 48 of the Criminal Code.  Supported by the doctrines of vicarious liability and aggregation, as well as  jurisprudence from the North Jakarta District Court, these practices are  legitimately categorized as corporate crime, as corporations not only failed to  prevent violations but also benefited from such unlawful acts.
%Z Khoirul Anam, S.H.I., M.S.I.