PERTANGGUNGJAWABAN HUKUM PEMBERI PINJAMAN ONLINE KEPADA PENERIMA PINJAMAN ONLINE PADA APLIKASI PINJAMAN ONLINE YANG DIKAITKAN DENGAN PENCEMARAN NAMA BAIK

Abstrak

The development of technology and information is now increasingly sophisticated so as to facilitate all human affairs and become a lifestyle for people in the world, one of which in Indonesia, not only has a positive impact, but also has a negative impact such as Financial Technology or financial technology. In simple terms, fintech can be defined as the use of information technology to improve services in the financial industry. Another definition is a variety of business models and technological developments that have the potential to improve financial industry services. The method used in this research is normative research, with descriptive analytical research, sourced from secondary data with primary legal materials, secondary legal materials, and tertiary legal materials. It is done by collecting data by literature study and document study, analyzed qualitatively. And using the Legislative Approach (Statute Approach) and Case Approach (Case Approach). Based on the results of the writing, it can be concluded that the Financial Technology legal provisions carried out by online loan providers and recipients are focused on Law Number 11 of 2008 concerning Information and Electronic Transactions (ITE). Causing factors In lending transactions through online applications, many cases occur in practice. There are various factors that cause defaults, for example because funds are not yet available to online loan recipients, but online loan recipients actually have good intentions to pay, so what happens is only cases of late payments. This is where the gap is where the perpetrators commit fraud where high interest in late payments is the spearhead for online lenders, with high interest rates and fines for late payments making online loan recipients suffocate because of the increasing debt that has been obtained due to loans.