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This Author published in this journals
All Journal Socius: Social Sciences Research Journal Journal of International Islamic Law, Human Right and Public Policy
Hendri Saputra Manalu
Universitas Amir Hamzah Medan
Religion Arts Humanities Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice

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Legal Review of Online Loans (Peer-to-Peer Lending) Hendri Saputra Manalu
Socius: Jurnal Penelitian Ilmu-Ilmu Sosial Vol 3, No 7 (2026): February 2026
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.18729071

Abstract

Information technology-based lending services are financial service providers that connect lenders and borrowers through electronic systems using the internet. In the era of digital economic development, society continues to innovate in providing credit and lending services, one of which is online loans. In 2016, the Financial Services Authority (OJK) issued Regulation Number POJK 40/2024 and OJK Circular Letter (SE OJK) 19/2023 concerning Information Technology-Based Lending Services. This study is a library research, which aims to collect data and information using materials available in the library. The primary data used are OJK regulations, specifically POJK 40/2024 and SE OJK 19/2023. The research employs a normative juridical approach. Data collection was conducted using documentation methods, which involve searching for and gathering data from various sources related to online loans and the theory of qarḍ. The analysis method used is deductive analysis. The results of the study indicate that the provisions on online loan contracts in OJK Regulation Number POJK 40/2024 and SE OJK 19/2023, particularly in Article 18, include agreements between the platform provider and the lender, and agreements between the lender and the borrower. These OJK regulations comply with Sharia principles because Articles 7, 8, 9, 10, and 11 discuss operational permits, making online loans legally valid and lawful. Therefore, they do not contain elements of fraud (gharar). Articles 19 and 20 discuss electronic documents that explain the contents of online loan agreements, ensuring there is no coercion, as all parties are fully informed about the terms of the agreement.
CRIMINAL LIABILITY FOR ARTIFICIAL INTELLIGENCE-BASED CRIMES UNDER CRIMINAL LAW IN INDONESIA Hendri Saputra Manalu; Rahmadany; Anto Mutriady
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 3 (2026): September
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.21613956

Abstract

The development of Artificial Intelligence (AI) technology brings complex legal implications, particularly in the field of criminal law. Crimes committed using AI systems such as deepfakes, automated cyberattacks, algorithm-based fraud, and data manipulation raise fundamental questions about who should be held criminally responsible. This study aims to analyze the concept of criminal liability for AI-based crimes within the current Indonesian criminal law framework and identify existing legal gaps (leemten in het recht). The research method used is normative juridical with a statutory approach, a conceptual approach, and a comparative approach. The results show that the Criminal Code (KUHP) and Law Number 19 of 2016 concerning Information and Electronic Transactions (ITE) have not been able to optimally address criminal liability for crimes bridged by autonomous AI systems. Comprehensive regulatory reform is urgently needed, including the establishment of new legal subjects, the implementation of adapted doctrines of strict liability and vicarious liability, and the establishment of a specific legal framework related to AI. This study recommends the drafting of an Artificial Intelligence Bill that explicitly regulates aspects of criminal liability in the AI ecosystem.
Co-Authors Anto Mutriady Rahmadany