Sahaja : Journal Sharia and Humanities
Vol. 5 No. 1 (2026): Sahaja: Journal Sharia and Humanities

Legal Analysis of Online Loan Interest Rates from the Perspective of Law No. 5 of 1999 on the Prohibition of Monopolistic Practices and Unfair Competition

Trinah Asi Islami (Unknown)
Chairani, Meirza Aulia (Unknown)



Article Info

Publish Date
25 Apr 2026

Abstract

This study analyzes the regulation of online loan interest rates from the perspective of Law No. 5 of 1999 on the Prohibition of Monopolistic Practices and Unfair Business Competition, with a focus on KPPU Decision No. 05/KPPU-I/2025, which found that 97 fintech lending operators violated Article 5(1)(a) through collective price-fixing practices via the Indonesian Joint Funding Fintech Association (AFPI). Using a normative legal research method with a statutory approach and a conceptual approach, this study evaluates the alignment between OJK sector regulations (POJK No. 77/2016 as amended by POJK No. 40/2024) and KPPU competition law. Key findings indicate that the AFPI’s interest rate arrangement (from 1% to 0.3% per day) satisfies both subjective (horizontal agreements through meetings and digital communication) and objective (market distortion: 95% price uniformity, 27% reduction in innovation, 62% entry barriers) elements. A structural legal conflict arises between the OJK’s consumer protection mandate and the KPPU’s market competition mandate, creating regulatory arbitrage where sector compliance constitutes a horizontal violation. A comparative analysis confirms that vertical regulatory models (India-RBI, UK-FCA) are more effective than AFPI’s self-regulation. Critical discussions highlight the regulatory paradox: the intent to protect consumers actually hinders market efficiency and credit access for the unbanked segment. The study recommends systemic reforms, including vertical regulation by the OJK, an OJK-KPPU joint task force, repositioning the AFPI’s functions as soft law, and harmonizing Law No. 4/2023 on the Development and Strengthening of the Financial Sector (P2SK Law) with Law No. 5/1999 (Anti-Monopoly Law). This case sets a precedent that the state regulator has exclusive authority over price setting in the platform economy, while also serving as a momentum for the transition from self-regulation to convergent oversight for a sustainable fintech ecosystem.

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Journal Info

Abbrev

sahaja

Publisher

Subject

Religion Humanities Law, Crime, Criminology & Criminal Justice

Description

Sahaja specifications in the discourse of Sharia and Humanities. Sahaja invites scholars, researchers, and students to contribute the result of their studies and researches in the areas related. That aims to encourage and promote the study of the sharia and humanities from a wide range of scholarly ...