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All Journal JURNAL ILMIAH ADVOKASI
Miko Aditiya Suharto
Universitas Pembangunan Nasional Veteran Jawa Timur

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PERLINDUNGAN HUKUM BAGI DEBITUR DALAM KASUS GAGAL BAYAR PINJAMAN ONLINE: ANALISIS PERJANJIAN DAN REGULASI FINTECH LENDING Mohammad Iqbal Faiz; Miko Aditiya Suharto
Jurnal Ilmiah Advokasi Vol 14, No 1 (2026): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v14i1.8109

Abstract

The rapid development of financial technology-based online lending services has contributed to the emergence of “failed payment jockey” services, which offer assistance to debtors in avoiding their repayment obligations. This practice raises significant legal issues as it may harm debtors, lead to the misuse of personal data, and result in poor credit records (blacklisting) within online lending systems. This study aims to analyze the forms of legal protection available to debtors who use failed payment jockey services and to examine the weaknesses of the existing legal framework governing such practices in Indonesia. This research employs a normative legal research method using statutory and case approaches. Data were collected through library research, observation, and interviews as supporting data. The findings reveal that failed payment jockey services contradict the principle of good faith in contractual agreements as regulated under the Indonesian Civil Code and potentially violate consumer protection and personal data protection provisions under the Electronic Information and Transactions Law as well as regulations governing technology-based financial services. Legal protection for debtors includes preventive measures through education and supervision of online lending platforms, as well as repressive measures through complaint mechanisms, dispute resolution, and law enforcement against illegal service providers. This study also identifies a regulatory gap concerning failed payment jockey services, highlighting the need for a more comprehensive legal framework to ensure legal certainty and balanced protection for debtors in online lending transactions.Keywords: Legal Protection; Failed Payment Jockey Services; Online Lending; Consumer Protection; Personal Data
PERLINDUNGAN HUKUM MITRA DRIVER SHOPEEFOOD DALAM PERSPEKTIF HUKUM PERLINDUNGAN KONSUMEN ATAS KERUGIAN AKIBAT KELALAIAN RESTORAN Muhamad Rival Maulana; Miko Aditiya Suharto
Jurnal Ilmiah Advokasi Vol 14, No 1 (2026): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v14i1.8052

Abstract

This study examines the legal protection of ShopeeFood driver-partners who suffer losses due to customer complaints arising from restaurant negligence. In practice, drivers are often subjected to sanctions such as rating reductions, incentive deductions, and even partnership termination, despite the absence of fault on their part. This research aims to analyze the form of legal protection provided by the platform and to identify the legal remedies available for drivers to defend their rights. The study employs an empirical juridical method with a socio-legal approach, utilizing field surveys and literature review. The findings indicate that the existing legal protection remains largely formalistic and ineffective in practice, particularly due to inadequate complaint-handling and appeal mechanisms that fail to ensure fairness for drivers. This situation reflects an imbalance of power among the platform, restaurants, and driver-partners within the partnership framework. Therefore, it is necessary to strengthen partnership agreement clauses, enhance transparency in evaluation systems, and improve oversight of restaurant responsibilities to ensure more equitable and proportional legal protection.Keywords: Legal Protection; Driver-Partners; Customer Complaints; Fairness; Digital Platforms