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All Journal Adagium: Jurnal Ilmiah Hukum
Sovia Febrina Tamaulina Simamora
University of HKBP Nommensen
Law, Crime, Criminology & Criminal Justice Social Sciences

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Unlawful-Act Liability and the Supervisory Duties of the Financial Services Authority in Online Lending: A Critical Analysis of Cassation Decision Number 1206 K/Pdt/2024 Rotua Febriyanti Turnip; Janpatar Simamora; Sovia Febrina Tamaulina Simamora
Adagium: Jurnal Ilmiah Hukum Vol 4 No 2 (2026): Adagium: Jurnal Ilmiah Hukum
Publisher : PT. Meja Ilmiah Publikasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70308/0y82vh30

Abstract

This article critically analyses unlawful-act liability in the regulation and supervision of online lending by Indonesia's Financial Services Authority (OJK) through Cassation Decision Number 1206 K/Pdt/2024. It expressly separates the court's ratio and dispositive order from the authors' normative evaluation. The study uses normative legal research with statutory and case approaches, examining the LPBBTI rules applicable during the disputed period, subsequent regulatory developments up to 31 August 2026, and the elements of Civil Code Article 1365. The analysis focuses on the legal source of OJK's duty, unlawfulness, fault, loss, and causal connection, as well as the remedial character of a citizen lawsuit. It argues that supervisory failure cannot be inferred merely from consumer loss; causation must be tested through a specific legal duty, regulatory capacity to prevent the relevant risk, causal proximity, and the remedy sought. The decision is therefore treated as an object of critical legal analysis rather than authority for the proposition that OJK is civilly liable for every loss associated with online lending.
Co-Authors Janpatar Simamora Rotua Febriyanti Turnip