PERLINDUNGAN HUKUM TERHADAP NASABAH PINJAMAN ONLINE DIKAITKAN DENGAN PASAL 1320 KUH PERDATA TENTANG KEABSAHAN PERJANJIAN KONTRAK

Abstract

The aims of this research are to find out and analyze: 1) the factors of someone making an online loan and the impact related to legal protection for consumers due to compound interest, terror and death of customers/consumers in online loan agreements, 2) the validity of an electronic contract ( e-contract /online-contract) related to online loans, as well as implementation based on justice, 3) legal protection for online loan settlements when there is no dispute and if a dispute occurs between the parties. This research uses a systematic process to find facts and get good results. The research method and type of research used in this research is empirical juridical, namely research that uses library research and field research. That the research results are the main factor that makes someone take out an online loan (pinjol) is because of the ease of the borrowing process. The problem arises when the consumer cannot pay the bill when it is due, the debt collector gains access to the data on the consumer's cell phone. The ITE Law Article 45, 46 paragraph 2, prohibits the act of obtaining information by any means as stated in article 30, especially in paragraph 2. Consumer legal protection is regulated in Law Number 8 of 1999 concerning Consumer Protection. The validity of an electronic contract (e–contract/online-contract) in an online loan agreement is valid according to article 1320 of the Civil Code and Government Regulation Number 82 of 2012 concerning the Implementation of Electronic Systems and Transactions which also explains that electronic contracts are considered valid if they comply with Article 47 paragraph (2). Settlement of disputes resulting from online loans can be resolved through an institution that has been established by the government, namely the Consumer Dispute Resolution Agency

Keywords: Online loans, legal protection of users, validity of electronic contracts, National Consumer Protection Agency (BPKN), Consumer Dispute Resolution Agency (BPSK), Indonesian Consumers Foundation (YLKI)