Pena Justisia: Media Komunikasi dan Kajian Hukum
Vol. 23 No. 1 (2024): Pena Justisia

The Online Loans And Protection Of Users' Personal Data: A Normative Judicial Approach

Magdalena, Mercy Maria (Unknown)



Article Info

Publish Date
27 Nov 2024

Abstract

Digital technology makes financial services such as online loans easier, but the risk of misuse of users' personal data by loan providers remains. Therefore, legal services are needed for education about user rights regarding personal data protection and dispute resolution. Online loans operators are obliged to protect users' personal data and provide a fair dispute resolution mechanism.Objective: The objective of this study is to investigate the protection of personal data of online loans users with law enforcement, outreach and comprehensive regulations.Theoretical Framework: The rampant use of online loans (pinjol) in Indonesia has provided easy access to finance for the community. However, behind this convenience, there are serious problems related to the protection of users' personal data. Misuse of personal data such as the spread of contact data, threats, and fraud is an issue that often arises and harms many parties. There is a connection between the technology mentioned above and economic law, which plays a very important role in regulating the balance between the interests of economic actors, including loan service providers and users.Method: The method used in this research is descriptive research with a normative juridical approach. The data source used is a secondary source. The data collection techniques used were document study and qualitative data analysis. Data collection was carried out through interviews which became supporting data. The data obtained was analyzed descriptively..Results and Discussion: The results showed that the government can ensure that loan providers comply with consumer protection regulations through strengthening regulations, intensive supervision, public education, facilitating complaints, and collaborating with related parties. Examples of concrete implementation include creating a national loan database, a 24-hour complaint hotline, and a financial literacy campaign. With these steps, it is hoped that the government will create a conducive environment for digital finance while protecting consumers. Current dispute resolution mechanisms have varying levels of effectiveness in handling cases of data privacy violations by loan providers. Factors influencing effectiveness include case complexity, public legal awareness, institutional capacity, and dynamic regulations. Available mechanisms include complaints to the OJK, mediation, civil lawsuits, and reports to the police. Challenges that need to be addressed include increasing institutional capacity, legal awareness, strengthening regulations, effective sanctions, and providing evidence. Existing mechanisms have contributed to dispute resolution, but there are still challenges that need to be overcome. To increase effectiveness, joint efforts are needed from the government, related institutions and the community..Research Implications: The implications of this research that joint efforts are needed from the government, related institutions and the community to protect users' personal data. With synergy and cooperation, it is hoped that the protection of online loans users' personal data can be significantly improved.Originality/Value: This study contributes to the literature by [highlighting the originality of the research, whether through the innovative approach, new discoveries or practical contributions]. The relevance and value of this research are evidenced by [explain how the results may impact the area of study or professional practice]. Keywords: online loans; Protection of personal data; normative juridical approach

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Journal Info

Abbrev

hk

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Pena Justisia aims to provide a forum for lecturers and researchers to publish the original articles about Law Science. Focus of Pena Justisia is publishing the manuscript of outcome study, and conceptual ideas which specific in the sector of Law science. We are interested in topics which relate ...