Fauziyah Nur Fadillah
Universitas Islam Negeri Sumatera Utara

Published : 1 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 1 Documents
Search

Analisis Perjanjian Kredit Digital (Buy Now Pay Later) Dalam Perspektif Undang-Undang Nomor 8 Tahun 1999 Tentang Perlindungan Konsumen Fauziyah Nur Fadillah; Annisa Sativa
Lex Stricta : Jurnal Ilmu Hukum Vol. 5 No. 2 (2026)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46839/lexstricta.v5i2.2164

Abstract

Buy Now Pay Later (BNPL) digital credit services are growing rapidly in Indonesia as part of the e-commerce ecosystem. However, the legal relationship is based on electronic standard agreements that are approved through one click, thus raising the issue of cost transparency, burdensome clauses, personal data processing, and billing practices. This study aims to analyze the form of digital credit agreements, their legal implications, and consumer protection based on Law Number 8 of 1999 concerning Consumer Protection (UUPK). This study uses normative legal methods with a legislative, conceptual, and analytical approach to contract documents of SPayLater, TikTok PayLater, and Kredivo. Legal materials are analyzed qualitatively-prescriptively. The results of the study show that digital credit agreements in the form of electronic standard contracts (clickwrap) are valid as long as they comply with Article 1320 of the Civil Code, even though the agreement tends to be formal-procedural. The three services contain clauses that have the potential to violate Article 18 of the Civil Code, including risk transfer, unilateral changes to fees and limits, the release of Article 1266 of the Civil Code, and the recognition of creditors' bookkeeping as binding evidence. The legal implications include the risk of default, changes in interest and fines, recording in SLIK, and the vulnerability of personal data. Consumer protection is carried out preventively through the right to information, good faith, the prohibition of standard clauses, the PDP Law, POJK 22/2023, and POJK 32/2025; and repressively through null and void, compensation, and settlement of litigation and non-litigation disputes. The novelty of the research lies in the mapping of the concrete clauses of the three organizers based on each letter of Article 18 of the UUPK after the enactment of POJK 32/2025.