KEPASTIAN PERLINDUNGAN HUKUM TERHADAP DEBITUR KETIKA WANSPRESTASI DALAM PINJAMAN ONLINE YANG DI AWASI OLEH OTORITAS JASA KEUANGAN (OJK) DALAM HAL INI APLIKASI TUNAIKU

Abstract

This writing aims to determine the legal position of the parties involved in the online agreement and to determine the legal protection for the debtor as a user of online loan services in order to protect the rights of the debtor by using relevant laws and regulations in the event of a violation of law committed by the Organizer to debtors who default on online lending activities. Where the development of information technology in the economic realm, especially related to online loans carried out by the cashku peer to peer lending fintech platform, the legal position contained in the online agreement discussed in this study is unequal between the lender and the recipient of the loan. This happens because the agreement made by the lender is standard in nature and the borrower only has the duty to accept or reject the agreement. Second, legal protection for debtors who default in online loan services can be carried out in 2 (two) ways, namely preventively which protects before disputes occur or prevents disputes from occurring by making preventive efforts from online loan service providers and secondly repressively where provide protection by resolving disputes, meaning through dispute resolution outside the court or in court. If the default debtor is due to the actions of the organizer, the organizer may be subject to sanctions. However, if the debtor continues to default not because of the organizer's fault, the creditor can submit a complaint to the organizer so that the administrator follows up immediately, if the complaint from the creditor to the organizer does not find an agreement, the creditor can resolve the dispute through the courts or not. POJK Number 77/POJK.01/2016 does not regulate the procedure for filing a complaint when a debtor neglects.

Keywords: legal protection, default, debtors, online loans, online agreements