Proceedings of the International Conference on Law Studies (INCOLS 2022)

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Juridical Overview of Online Loan Transactions (Fintech) Judging from Law Number 11 of 2008 About Information and Electronic Transactions

Authors
Satino1, *, Yuliana Yuli Wahyuningsih1, Citraresmi Widoresmi Putri1
1Faculty of Law, Universitas Pembangunan Nasional Veteran Jakarta, Depok, Indonesia
*Corresponding author. Email: satinowonogiri@gmail.com
Corresponding Author
Satino
Available Online 9 December 2022.
DOI
10.2991/978-2-494069-23-7_4How to use a DOI?
Keywords
Online Credit; Misuse of Personal Data
Abstract

Online loans are credit problems, but online loans have two conflicting interests, on the one hand the creditor demands payment of the debt along with interest and fines. On the other hand, the debtor feels disadvantaged due to the actions of the creditor who misuses the debtor’s personal data to carry out terror in billing. The purpose of this study is to examine the legal protection for debtors in online loan transactions related to personal data misused by creditors and the resolution of bad credit problems and problems arising from misuse of personal data by online creditors. By using a normative juridical research method, this research refers to the ITE Law and related laws. The results of the study suggest that: first, in the provisions of the ITE Law and PM 20/2016, the protection of personal data has been regulated in Article 26 paragraph (1) of the ITE Law and in Article 26, Article 27, and Article 36 paragraph 1 of PM 20/2016. Second, based on the provisions of the ITE Law or PM 20/2016 misuse of personal data, the threat of sanctions can be in the form of administrative sanctions, fines, and/or criminal sanctions. Therefore, the settlement of misuse of personal data by creditors can be done in a civil or criminal manner.

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 Law Studies (INCOLS 2022)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
9 December 2022
ISBN
978-2-494069-23-7
ISSN
2352-5398
DOI
10.2991/978-2-494069-23-7_4How 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  - Satino
AU  - Yuliana Yuli Wahyuningsih
AU  - Citraresmi Widoresmi Putri
PY  - 2022
DA  - 2022/12/09
TI  - Juridical Overview of Online Loan Transactions (Fintech) Judging from Law Number 11 of 2008 About Information and Electronic Transactions
BT  - Proceedings of the International Conference on Law Studies (INCOLS 2022)
PB  - Atlantis Press
SP  - 23
EP  - 39
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-494069-23-7_4
DO  - 10.2991/978-2-494069-23-7_4
ID  - 2022
ER  -