Proceedings of the International Conference on “Changing of Law: Business Law, Local Wisdom and Tourism Industry” (ICCLB 2023)

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Digital Persecution in Financial Technology-based Online Loan Collection

Authors
I. Wayan Putu Sucaya Aryana1, *, Ni Putu Ari Setyaningsih1, Putu Chandra Kinandana Kayuan1
1Faculty of Law, Ngurah Rai University, Denpasar, Bali, Indonesia
*Corresponding author. Email: sucanaaryana67@gmail.com
Corresponding Author
I. Wayan Putu Sucaya Aryana
Available Online 31 December 2023.
DOI
10.2991/978-2-38476-180-7_83How to use a DOI?
Keywords
Liability; Digital Persecution; Online Loan
Abstract

The presence of financial technology tools in the form of lending makes it easy for people to get loans. Unfortunately, the trend also brings new problems. Many debtors or borrowers cannot repay their loans on time, so online loan providers collect payments through debt collectors. Collecting payments through debt collectors also triggers new problems, that is, a collection method that violates decency norms to legal norms such as committing digital persecution against debtors or borrowers. Based on these problems, this study aims to examine the legal relationship between online lending providers and debt collectors and analyze accountability for digital persecution in online loan collection. To find out the answers to these problems, this research employs the normative law approach. In the research results, it was found that the legal relationship between online lending providers and debt collectors is a contractual legal relationship. Liability for acts of digital persecution by debt collectors as loan collectors is civil liability, that is to say, the perpetrator of persecution compensates for acts against the law, and criminal responsibility by imposing sanctions on debt collectors for violations of electronic information and transaction laws and imposing criminal sanctions on online loan providers based on the theory of vicarious liability.

Copyright
© 2023 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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Volume Title
Proceedings of the International Conference on “Changing of Law: Business Law, Local Wisdom and Tourism Industry” (ICCLB 2023)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
31 December 2023
ISBN
10.2991/978-2-38476-180-7_83
ISSN
2352-5398
DOI
10.2991/978-2-38476-180-7_83How to use a DOI?
Copyright
© 2023 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

Cite this article

risenwbib
TY  - CONF
AU  - I. Wayan Putu Sucaya Aryana
AU  - Ni Putu Ari Setyaningsih
AU  - Putu Chandra Kinandana Kayuan
PY  - 2023
DA  - 2023/12/31
TI  - Digital Persecution in Financial Technology-based Online Loan Collection
BT  - Proceedings of the International Conference on “Changing of Law: Business Law, Local Wisdom and Tourism Industry” (ICCLB 2023)
PB  - Atlantis Press
SP  - 774
EP  - 784
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-180-7_83
DO  - 10.2991/978-2-38476-180-7_83
ID  - Aryana2023
ER  -