Online Loan Lender Information System (Fintech) Reviewed From Law Number 11 Year 2008 About Information And Electronic Transactions

Abstract

Online loans are credit problems, especially in the online loan handling system itself, but the government is currently controlling these online loans, in online loans there is mutual interest between the lender and also the borrower because the rules clash between interest and fines. The borrower (debtor) feels disadvantaged if there is a delay in paying off interest or the loan is always from the provider (creditor) of funds terrorizing in terms of collecting and threatening him, because the interest is always daily and doubled interest which is burdensome to the borrower. The purpose of this study is to provide legal protection for debtors to carry out online loans, where the debtor's personal data is often misused by creditors, in this case online loan providers. In this research, researchers use a normative juridical system that refers to Law Number: 19 of 2016 concerning amendments to Law Number: 11 of 2008 concerning Information and Electronic Transactions as well as other related laws. The author concludes first, in the provisions of the ITE Law and also Ministerial Regulation Number: 020 of 2016, the protection of personal data is regulated in article 26 paragraph (1) of the Electronic Information and Transaction Law as well as articles; 26, 27, and article 36 paragraph (1) of Ministerial Regulation Number 20 of 2016. Second, according to the provisions of the ITE Law and also referring to Ministerial Regulation Number: 020 of 2016 misuse of customer personal data, so the threats are administrative sanctions, fines and / or criminal, and the settlement of the misuse of personal data is carried out by the creditor, either in a criminal or civil manner.