Journal of Law, Poliitic and Humanities
Vol. 6 No. 6 (2026): (JLPH) Journal of Law, Politic and Humanities

Legal Liability of Fintech Lending Platforms Regarding Debt Collection Practices Against Borrowers

Tata Eliestiana Dyah A (Universitas Terbuka Mataram)
Jamaludin (Universitas Nahdlatul Ulama Nusa Tenggara Barat)



Article Info

Publish Date
06 Sep 2026

Abstract

Abstract Debt collection practices within fintech lending services in Indonesia continue to raise legal issues, particularly when collection involves pressure, intimidation, the misuse of personal data, or the involvement of third parties to the detriment of the debtor. This study aims to analyze the legal framework governing the liability of fintech lending providers regarding debt collection practices and to formulate a legal liability construct for fintech lending platforms concerning collection practices that harm debtors. This is a normative legal study employing statutory, conceptual, and case-based approaches. Legal materials comprising primary, secondary, and tertiary sources were gathered through literature review and analyzed qualitatively using legal interpretation to examine the interplay between norms governing fintech lending, consumer protection, and personal data protection. The findings indicate that the legal framework for fintech lending provider liability in debt collection is anchored in OJK Regulation (POJK) Number 40 of 2024 concerning Information Technology-Based Joint Funding Services and OJK Regulation (POJK) Number 22 of 2023 concerning Consumer and Public Protection in the Financial Services Sector. The legal liability construct for fintech lending platforms arises from their roles as electronic system operators, personal data controllers, service mechanism administrators, and entities capable of collaborating with debt collectors. Platforms cannot absolve themselves of liability if collection is conducted unlawfully, even when such actions are carried out by third parties. This liability encompasses preventive, corrective, and repressive measures to ensure that debt collection activities remain within the boundaries of law, ethics, consumer protection, and personal data protection.

Copyrights © 2026






Journal Info

Abbrev

JLPH

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Journal of Law, Poliitic and Humanities is a research journal in Law, Humanities and Politics published since 2020 by the Dinasti Research. This journal aims to disseminate research results to academics, practitioners, students, and other parties who are interested in the fields of Law, Humanities ...