Miko Ardinata
Universitas Muhammadiyah Bengkulu

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Implementation of Digital Consumer Protection Principles in Fintech Lending Electronic Contracts in the Digital Era Muhammad Mahfuddin Sholeh; Sinung Mufti Hangabei; Hendi Sastra Putra; Miko Ardinata
JURNAL ILMIAH LIVING LAW Vol. 18 No. 2 (2026): Jurnal Ilmiah Living Law
Publisher : Universitas Djuanda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jill.v18i2.26123

Abstract

This study aims to analyze the implementation of digital consumer protection principles in fintech lending electronic contracts, identify the forms of legal protection that have been accommodated in contractual arrangements, and evaluate their compliance with the principles of justice, transparency, balance, data security, good faith, and legal certainty. The study uses a normative legal method with a statutory, conceptual, and case-based approach. Legal materials were obtained through a literature review covering legislation, legal doctrine, scientific journals, and relevant literature. The analysis was conducted qualitatively through systematic, grammatical, and teleological legal interpretation to assess the implementation of consumer protection norms in the substance of electronic contracts. The results show that the principle of legal certainty has been implemented relatively well through the regulation of the identities of the parties, the object of the agreement, and the dispute resolution mechanism. Conversely, the implementation of the principles of fairness, transparency, balance, personal data security, and good faith remains suboptimal due to the continued use of standard clauses that limit consumers' bargaining power, a lack of information transparency, and incomplete personal data protection regulations. This study emphasizes the need to improve fintech lending electronic contract standards, orienting them more toward digital consumer protection through strengthening contractual substance, harmonizing regulations, and increasing oversight of digital financial service providers to ensure legal certainty and fairness in electronic transactions.