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Richard Ratuwalu; Komsatun Komsatun; Sanny Dewayani

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

The rapid growth of financial technology (fintech) Peer-to-Peer Lending (P2PL) in Indonesia has created both opportunities and challenges, particularly regarding debt collection practices by third parties (debt collectors). Such practices often result in violations of consumer rights, including intimidation, harassment, and breaches of privacy. To address these issues, the Financial Services Authority of Indonesia (OJK) issued Regulation No. 22 of 2023 on Consumer and Public Protection in the Financial Services Sector, which establishes legal standards for protecting fintech P2PL consumers. This study aims to analyze the regulation of debt collection by third parties under OJK Regulation No. 22/2023, assess the forms of legal protection for consumers, and identify the obligations of fintech P2PL providers in managing collection practices. The research applies a normative juridical method with statutory and conceptual approaches. The findings indicate that OJK Regulation No. 22/2023 provides consumer protection through preventive mechanisms (mandatory transparency, prohibition of intimidation, and regulation of third-party involvement) and repressive mechanisms (complaint handling and administrative sanctions). However, challenges remain in implementation, such as low consumer literacy, outsourced collection practices, and weak on-site supervision. Therefore, stronger regulation, tighter controls by providers, and collaboration among regulators, law enforcement, and fintech associations are required to ensure optimal consumer protection.

Aditya Sulistyo Budhi; Widi Nugrahaningsih; Ety Isworo

Journal of New Trends in Sciences 2025 CV. Aksara Global Akademia

The misuse of personal data in financial technology (fintech) services, particularly in peer-to-peer lending practices, is showing a worrying upward trend and is an urgent legal issue that requires addressing. Article 32 of Law Number 11 of 2008 concerning Electronic Information and Transactions (UU ITE) serves as a primary legal basis for protecting electronic data. However, the effective implementation of this article in the context of fintech services still faces various challenges. This study employed an empirical legal approach with a combination of literature study and interviews. Interviews were conducted at the Surakarta Financial Services Authority (OJK) Office and with a number of fintech service users as respondents. The results showed that approximately 70% of personal data misuse cases originated from illegal online lending services. The most frequently reported violations included unauthorized use of data (40%), access to contacts and galleries on personal devices (35%), and threats of personal data dissemination (25%). The main obstacles in implementing Article 32 of the ITE Law include the difficulty of tracking perpetrators' jurisdiction, technical limitations in digital forensics, and low public legal literacy. Therefore, policy integration with Law Number 27 of 2022 concerning Personal Data Protection and the Financial Services Authority (OJK) provisions in POJK No. 77/POJK.01/2016 is necessary. This study recommends strengthening regulations, establishing an independent supervisory authority, increasing public education, and utilizing digital technology to promote more effective personal data protection in the Indonesian fintech ecosystem.

Komang Dian Andayani

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Advances in information technology-based financial services are beginning to follow suit, in the form of peer-to-peer lending, which provides easy access to loans without the need for conventional financial institutions. However, this convenience brings new challenges, particularly regarding the protection of users' personal data. Many platform providers access excessive amounts of sensitive information, such as contacts, photos, and other personal data, which can be misused to the detriment of borrowers. Therefore, this study aims to identify and analyze regulations related to personal data protection, particularly in the field of peer-to-peer lending services in Indonesia. It also analyzes the role of financial institutions, namely the Financial Services Authority (OJK), in addressing potential violations committed by platform providers. Using a normative legal approach, the study shows that despite the existence of these regulations, implementation in the field is suboptimal, particularly in terms of monitoring illegal platforms. Furthermore, challenges to oversight include limited resources and a lack of digital literacy among the public, which results in many users not fully understanding the risks of sharing their personal data. This study also highlights the importance of collaboration between the OJK, the Ministry of Communication and Information Technology, and law enforcement agencies to strengthen oversight mechanisms and take action against violations. In addition, extensive public education regarding personal data security is needed to encourage greater vigilance in using digital services. Personal data protection must be a top priority in the development of financial technology to prevent privacy violations. Strict regulations and effective sanctions are expected to provide a deterrent effect and create a healthy and equitable fintech ecosystem in Indonesia. This study also recommends that the government accelerate harmonization between the Personal Data Protection Law (PDP Law) and financial services sector regulations, particularly regarding service providers' transparency obligations in managing consumer data.  

Muhammad Iqbal Fauzan

Jurnal Hukum, Administrasi Publik, dan Ilmu Komunikasi 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The rapid development of information technology has an impact on the development of financial services with the presence of Peer-to-Peer (P2P) Lending Financial Technology. The presence of P2P Lending has created its own legal complexities in relation to the legal relationship between lender and borrower and risk mitigation efforts, especially the risk of default without specific collateral. This research aims to analysis the legal relationship between Lender and Borrower and the legal protection for Lender in the event of default risks in the implementation of P2P Lending in Indonesia using a normative legal approach. The results of the research indicate that the legal relationship between lender and borrower is a general loan agreement involving a P2P lending platform as an intermediary between lender and borrower. POJK No. 10/POJK.05/2022 plays an important role as a regulation that ensures risk mitigation in the implementation of P2P lending, including the obligation of operators to transfer funding risks to third parties, which has been implemented by PT Amartha Mikro Fintek in collaboration with PT Jaminan Kredit Indonesia (Persero) to provide guarantee facilities for P2P Lending services to ensure legal protection for Lenders.

Oktaviana Ayu Sekar A; Prastyanti, Rina Arum

IJLS (International Journal of Law and Society) 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

The rapid expansion of fintech lending services, particularly cross-border peer-to-peer (P2P) lending, has created significant legal challenges concerning consumer protection. This study examines whether existing legal frameworks adequately safeguard consumer rights within the borderless digital lending environment. Utilizing a normative-juridical method combined with a comparative approach, the research analyzes Indonesia’s regulatory structure alongside selected international frameworks. The findings reveal substantial gaps in consumer protection, exacerbated by the proliferation of illegal online lending platforms, regulatory fragmentation across jurisdictions, and the misuse of personal data. National regulations often prove insufficient to address complex cross-border legal issues. This study underscores the urgency of global regulatory harmonization, enhanced national oversight mechanisms, and improved digital literacy among consumers. It concludes with recommendations for regulatory reform, the establishment of international supervisory cooperation, and the strengthening of institutional roles, particularly by financial and communication authorities, to ensure robust consumer protection in the evolving fintech lending ecosystem.

Muhammad Bima Nafis Mulki; Temmy Fitriah Alfiany

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The purpose of this study is to determine how the regulation and implementation of legal protection for lenders in cases of default based on the Financial Services Authority Regulation (POJK) No. 77/POJK.01/2016 concerning Information Technology-Based Money Lending Services. This study also examines the form of legal responsibility of the platform organizer, as well as dispute resolution efforts that can be taken by lenders. The research method used is the normative legal method with a statutory regulatory approach and case studies. Data were obtained through literature studies and documentation of applicable legal provisions, as well as relevant documents and reports from PT. Crowde. The analysis was carried out qualitatively-descriptively to assess the suitability between field practices and applicable regulations. The results of the study indicate that POJK No. 77/POJK.01/2016 has not fully provided comprehensive legal protection for lenders in cases of default. Legal responsibility for default is still largely borne by the civil relationship between the borrower and the lender, without any concrete risk recovery mechanism from the organizer. Therefore, it is necessary to strengthen regulations, increase platform transparency, and play an active role for the OJK and the Indonesian Joint Funding Fintech Association (AFPI) in supervising and following up on default cases.

St. Nurafni Mutmainnaturrahmah; Mabruri Andatu; Ahmad Muti

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

This study analyzes the comparison of peer-to-peer (P2P) lending contract law in the perspective of positive law and Islamic law. Major problems in the industry include the risk of default, contract defects, and a lack of transparency. The research method used is literature research. The results show that positive laws provide a framework for consumer protection, but are often inadequate in protecting vulnerable parties. On the other hand, Islamic law emphasizes justice and the prohibition of usury, although the practice in the field is not yet fully appropriate. The study recommends collaboration between regulators and service providers to create a fair and law-abiding system. This is expected to contribute to the development of P2P lending policies and practices that are more sustainable and in accordance with sharia principles.

Metta Susanti; Rina Sulistiyowati; David Kiki Baringin MT Samosir; Henry Gunawan; Yanti Puspa Rini

Nusantara: Jurnal Pengabdian kepada Masyarakat 2025 Pusat Riset dan Inovasi Nasional

Recently, the public has been shocked by the high number of bad debts among Millennials. The development of digital technology brings various conveniences, but also presents new threats to children and teenagers. The high percentage of online loan borrowers aged 19-34 years, as well as children who are caught in online gambling, is a major concern. Around 60 percent of online loan users (pinjol) have an easy target of young people aged 19-34 years, and even 80 thousand children under the age of 10 are caught in online gambling (judol). The problem is, the Millennial generation or those aged 19-34 years are the largest "contributors" to these bad debts. Various experts say that the Millennial generation is in debt because of the Fear of Missing Out (FOMO) phenomenon, aka following trends so as not to feel "left behind". Some other experts think that their financial literacy is low.

Cindy Susilowati; Arief Suryono

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2025 International Forum of Researchers and Lecturers

This study aims to analyze the position of Findaya in the implementation of GoPay Pinjam services, as well as to examine the legal liability for Findaya against the Lender in the event that the Lender breach of contract. This study uses a normative legal research method with a statutory approach and a conceptual approach. The data collection method used is a literature study sourced from primary legal materials and secondary legal materials. The inference method used is deductive logic technique. The results of this study indicate that in the GoPay Pinjam service which is Peer to Peer Lending, Findaya plays a role as a loan organizer as well as a power of attorney for the Lender. Its position is as an intermediary between the Lender and the Loan Recipient. Furthermore, in the event of default in the form of default by the Borrower, Findaya does not bear the risk of default but has a responsibility based on Article 2.3 of the General Conditions of Use of GoPay Pinjam to seek dispute resolution to fulfill the rights and protect the interests of the Lender.

Muchamad Rizky Fauzi; Puji Handayati; Ely Siswanto

International Journal of Economics, Commerce, and Management 2025 Asosiasi Riset Ekonomi dan Akuntansi Indonesia

The rapid growth of financial technology (fintech) has significantly transformed the funding landscape for Small and Medium Enterprises (SMEs), offering innovative financial solutions beyond traditional banking institutions. This study presents a bibliometric analysis of fintech’s role in SME financing, identifying emerging trends and research gaps. Utilizing bibliographic coupling and co-occurrence network analysis, data from Scopus were analyzed to uncover the intellectual structure and evolution of research in this field. The results highlight key themes, including the integration of blockchain, peer-to-peer lending, financial inclusion, and crowdfunding in SME financing. A particular focus on Islamic finance and Islamic crowdfunding indicates a growing interest in alternative financing mechanisms that align with Sharia principles. Additionally, the study reveals an increasing academic focus on fintech adoption in developing economies, particularly in Indonesia and Nigeria, where access to capital remains a critical challenge. The findings underscore fintech’s role in democratizing financial access for SMEs, bridging funding gaps, and fostering economic growth. Future research should investigate regulatory frameworks, risk management strategies, and technological adoption models to optimize the impact of fintech on sustainability in SME financing.