Mohammad Iqbal Faiz
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PERLINDUNGAN HUKUM BAGI DEBITUR DALAM KASUS GAGAL BAYAR PINJAMAN ONLINE: ANALISIS PERJANJIAN DAN REGULASI FINTECH LENDING Mohammad Iqbal Faiz; Miko Aditiya Suharto
Jurnal Ilmiah Advokasi Vol 14, No 1 (2026): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v14i1.8109

Abstract

The rapid development of financial technology-based online lending services has contributed to the emergence of “failed payment jockey” services, which offer assistance to debtors in avoiding their repayment obligations. This practice raises significant legal issues as it may harm debtors, lead to the misuse of personal data, and result in poor credit records (blacklisting) within online lending systems. This study aims to analyze the forms of legal protection available to debtors who use failed payment jockey services and to examine the weaknesses of the existing legal framework governing such practices in Indonesia. This research employs a normative legal research method using statutory and case approaches. Data were collected through library research, observation, and interviews as supporting data. The findings reveal that failed payment jockey services contradict the principle of good faith in contractual agreements as regulated under the Indonesian Civil Code and potentially violate consumer protection and personal data protection provisions under the Electronic Information and Transactions Law as well as regulations governing technology-based financial services. Legal protection for debtors includes preventive measures through education and supervision of online lending platforms, as well as repressive measures through complaint mechanisms, dispute resolution, and law enforcement against illegal service providers. This study also identifies a regulatory gap concerning failed payment jockey services, highlighting the need for a more comprehensive legal framework to ensure legal certainty and balanced protection for debtors in online lending transactions.Keywords: Legal Protection; Failed Payment Jockey Services; Online Lending; Consumer Protection; Personal Data