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BUDAYA HUKUM DALAM PINJAMAN ONLINE: MENJAMIN KESEIMBANGAN ANTARA KEPENTINGAN BISNIS DAN PERLINDUNGAN KONSUMEN Arini, Ken Sofya; Danial, Putri Sofiani; Purba, Anita Sara; Ririn, Stio
Ensiklopedia Sosial Review Vol 7, No 2 (2025): Volume 7 No 2 Juni 2025
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/esr.v7i2.3098

Abstract

 Abstract: This study aims to examine the legal culture in the practice of online lending (pinjol) services in Indonesia, particularly in ensuring a balance between business interests of service providers and consumer protection. The research question addressed is: how can challenges in legal culture help create a balance between consumer protection and business interests in online lending practices, especially concerning inhumane collection methods and the misuse of personal data by illegal lenders. This research employs a normative legal method with a conceptual and statutory approach. The data used are derived from primary legal sources such as the Indonesian Civil Code (KUH Perdata), the Consumer Protection Act, and Financial Services Authority Regulation No. 77/POJK.01/2016 on Information Technology-Based Lending Services, as well as secondary sources such as scholarly literature. The findings indicate that the weakness of legal culture among society and business actors is a key factor behind widespread violations by illegal online lenders. Collection practices involving intimidation and the unlawful dissemination of personal data not only breach positive law but also violate consumers' rights and inflict psychological distress. The study concludes that strengthening legal culture plays a critical role in reinforcing the effectiveness of existing legal norms. Therefore, firm law enforcement, the elimination of illegal lending services, and improvement in public legal literacy are essential to build a fair, safe, and sustainable digital financial ecosystem.Keywords: P2P Lending, Pinjol, Digital
PERGESERAN POLA PINJAMAN TRADISIONAL KE PINJAMAN ONLINE: PERSPEKTIF HUKUM TERHADAP PENGARUHNYA PADA KESETARAAN EKONOMI DI INDONESIA Ririn, Stio
Ensiklopedia Education Review Vol 7, No 1 (2025): Volume 7 No 1 April 2025
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/eer.v7i1.3147

Abstract

Abstract: The digital transformation in the financial sector, particularly the shift from traditional lending to online lending (P2P lending), has introduced new dynamics into Indonesia's economic landscape. The Financial Services Authority Regulation (POJK) No. 77/POJK.01/2016 on Peer-to-Peer Lending serves as the primary legal framework governing and overseeing the operations of online lending platforms. This study aims to analyze the impact of this shift on economic equality in Indonesia, with a legal perspective on the implementation of POJK No. 77/POJK.01/2016. The research adopts a normative juridical approach with an analysis of relevant regulations, including literature review and comparison with international practices. The findings reveal that, while POJK No. 77/POJK.01/2016 provides a clear legal framework for P2P lending operations, challenges remain in terms of consumer protection and supervision, which may affect the success of online lending in promoting economic equality. While online lending has the potential to increase financial inclusion for underserved populations, there are still legal gaps that can be exploited by providers to the detriment of consumers. Therefore, there is a need for regulatory updates and strengthening to ensure that online lending contributes to equitable access to financial services without exacerbating economic disparities.Keywords: Online Lending, POJK No. 77/POJK.01/2016, Economic Equality, Consumer Protection, Financial Inclusion, Fintech Regulation.