Jurnal Ius Constituendum
Vol. 10 No. 3 (2025): OCTOBER

Legal Reconstruction of Guarantee Institutions In Online Loan Disputes without Collateral

Restianti, Riza (Unknown)
Wardiono, Kelik (Unknown)



Article Info

Publish Date
20 Oct 2025

Abstract

Riza Restianti, Kelik Wardiono Faculty of Law and Political Science, Muhammadiyah University of Surakarta, Surakarta, Indonesia c100210168@student.ums.ac.id   Abstract   This study analyzes the juridical implications of Decision No. 150/Pdt.G/2021/PN Cbi concerning the legal status of guarantee institutions in online loan disputes and their impact on legal protection and certainty. The absence of valid collateral in fintech-based lending has led to an increasing number of disputes, weakening creditors’ legal standing and contractual enforcement. This research aims to evaluate how the court’s interpretation in this decision reshapes the validity and enforceability of guarantees in digital lending contracts. Using a normative juridical method supported by qualitative analysis of legislation and judicial reasoning, the study explores the court’s assessment of unsecured lending practices within the framework of civil law principles. The results indicate that the decision underscores the necessity of verifiable and enforceable collateral mechanisms to protect creditors’ rights while maintaining fairness for debtors. Furthermore, the study highlights the urgency of reforming digital credit agreements to include structured verification and legal compliance mechanisms that uphold both transparency and contractual balance. The novelty of this research lies in its critical reconstruction of guarantee validity in online loan arrangements through the lens of judicial precedent, contributing to the development of civil law and fintech governance in Indonesia. The findings provide normative recommendations for policymakers to strengthen legal certainty, accountability, and consumer protection in digital financial transactions.

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Journal Info

Abbrev

jic

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Journal Ius Constituendum a scientific journal that includes research, court decisions and assessment/comprehensive legal discourse both by researchers and society in general to emphasize the results in an effort to formulate new rules of the new in the field of the legal studies in accordance with ...