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All Journal Jurnal Daulat Hukum
Irene Puteri A. S. Sinaga
Universitas Pelita Harapan
Law, Crime, Criminology & Criminal Justice Social Sciences

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The Legal Protection for Customers Using Online Loan Services Irene Puteri A. S. Sinaga
Jurnal Daulat Hukum Vol 5, No 3 (2022): September 2022
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v5i3.26723

Abstract

Currently, financial technology (fintech) is developing rapidly in Indonesia. The number of available fintech operating companies is increasing. The role of the Financial Services Authority is very important in supervising fintech-based companies in Indonesia in accordance with their authority in the field of financial services in general. The functions and authorities of the Financial Services Authority (in Bahasa “OJK”) are contained in Articles 4 and 5 of the Financial Services Authority Law with the aim of protecting consumers from all activities in the financial sector. This is also stated in Act No. 8 of 1999 concerning Consumer Protection (Consumer Protection Law) specifically in the field of Financial Services Products. Other rules regarding fintech supervision are contained in the Financial Services Authority Regulation Number 77/POJK. 01/2016 concerning Information Technology-Based Lending and Borrowing Services. The problem discussed is how is legal protection for customers in online loan agreements? What are the steps taken by the government to protect the rights of consumers who use illegal online loan services? The research method used is a normative juridical approach. Sources and types of research data collected by library studies include primary data, secondary data and tertiary data after being analyzed qualitatively. As of the time of writing, the regulations regarding OJK supervision of fintech-based companies are still minimal, so the importance of consumer protection in Indonesian law enforcement because there are still complaints from people in Indonesia in using online loan services. As of the time of writing, the regulations regarding OJK supervision of fintech-based companies are still minimal, so the importance of consumer protection in Indonesian law enforcement because there are still complaints from customer in Indonesia in using online loan services. Therefore, the importance of the involvement of the Financial Services Authority in providing guarantees of legal protection for the public, especially customers who use online-based lending and borrowing services.
The Digital Framing as an Unlawful Act in the Dispute Between Yai Min and Sahara Irene Puteri A. S. Sinaga; Abigail Angeline Yap; Sandriani Garanta; Valonia Nevada
Jurnal Daulat Hukum Vol 9, No 1 (2026): March 2026
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v9i1.52757

Abstract

This research analyzes the application of the elements of unlawful acts (Perbuatan melawan hukum or PMH) in defamation disputes arising from digital media under Indonesian civil law, using the case between Imam Muslimin (Yai Min) and Nurul Sahara as a contextual reference. In contrast to previous studies, this research provides an integrative perspective that bridges criminal and civil approaches to defamation, aiming to demonstrate how the elements of unlawful acts, namely fault, loss, causal relationship, and violation of rights are applied in assessing online defamation within the framework of civil liability. This study employs a normative legal research method with a case approach as the primary analytical framework. The analysis focuses on the implementation of Article 1365 of the Indonesian Civil Code (Kitab Undang-Undang Hukum Perdata or KUH Perdata) concerning unlawful acts, in conjunction with relevant provisions of the Electronic Information and Transactions Law (ITE Law). The sources of legal materials consist of primary materials (statutory regulations), secondary materials (legal doctrines, journals, and scholarly articles), and tertiary materials (credible media reports and supporting information). Data are collected through library research and analyzed qualitatively to evaluate the coherence between positive legal norms and their practical application in the Yai Min–Sahara case. The findings indicate that Sahara’s actions satisfy the elements of an unlawful act, particularly in the form of defamation, thereby highlighting the importance of responsible digital behavior and strengthening legal awareness regarding online communication ethics and liability.
Co-Authors Abigail Angeline Yap Sandriani Garanta Valonia Nevada