Garuda - Garba Rujukan Digital

Aditya Sulistyo Budhi

Unknown Affiliation

Author-ID : 7315054

Agriculture, Biological Sciences & Forestry Decision Sciences, Operations Research & Management Earth & Planetary Sciences Law, Crime, Criminology & Criminal Justice

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Perlindungan Hukum Terhadap Nasabah Dalam Pelaksanaan Pinjam Meminjam Uang Berbasis Fintech Aditya Sulistyo Budhi
Jurnal Relasi Publik Vol. 2 No. 2 (2024): Mei : Jurnal Relasi Publik
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/jrp-widyakarya.v2i2.3157

In the digital era, technological developments are increasingly rapid, and their existence has begun to penetrate into various aspects of life, such as in the world of finance or the economy. This is marked by the emergence of technology and information-based financial institutions or known as fintech. Starting from this, a question arises on how to implement information technology-based lending and borrowing (peer to peer lending) in Indonesia and how to protect the recipients of the loan (customers). This research is in the form of juridical-normative. The results of this study concluded that there were violations committed by the lender to the customer, and the sanctions imposed were only administrative sanctions with the worst consequence being license revocation. In this regards, obviously it does not provide a sense of justice to the customers, considering the crimes that have been committed, therefore the role of criminal law is very important here, by implementing sanctions related to these crimes, such as the dissemination of personal data, threats in billing, sexual harassment through electronic media, fraud and slander.

Implementasi Pasal 32 UU No. 11 Tahun 2008 tentang Perlindungan Data Pribadi dalam Transaksi Fintech Aditya Sulistyo Budhi; Widi Nugrahaningsih; Ety Isworo
Journal of New Trends in Sciences Vol. 3 No. 3 (2025): Journal of New Trends in Sciences
Publisher : CV. Aksara Global Akademia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59031/jnts.v3i3.737

The misuse of personal data in financial technology (fintech) services, particularly in peer-to-peer lending practices, is showing a worrying upward trend and is an urgent legal issue that requires addressing. Article 32 of Law Number 11 of 2008 concerning Electronic Information and Transactions (UU ITE) serves as a primary legal basis for protecting electronic data. However, the effective implementation of this article in the context of fintech services still faces various challenges. This study employed an empirical legal approach with a combination of literature study and interviews. Interviews were conducted at the Surakarta Financial Services Authority (OJK) Office and with a number of fintech service users as respondents. The results showed that approximately 70% of personal data misuse cases originated from illegal online lending services. The most frequently reported violations included unauthorized use of data (40%), access to contacts and galleries on personal devices (35%), and threats of personal data dissemination (25%). The main obstacles in implementing Article 32 of the ITE Law include the difficulty of tracking perpetrators' jurisdiction, technical limitations in digital forensics, and low public legal literacy. Therefore, policy integration with Law Number 27 of 2022 concerning Personal Data Protection and the Financial Services Authority (OJK) provisions in POJK No. 77/POJK.01/2016 is necessary. This study recommends strengthening regulations, establishing an independent supervisory authority, increasing public education, and utilizing digital technology to promote more effective personal data protection in the Indonesian fintech ecosystem.

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