Digital Persecution in Financial Technology-based Online Loan Collection
I Wayan Putu Sucaya Aryana, Ni Putu Ari Setyaningsih, Putu Chandra Kinandana Kayuan

Fakultas Hukum Universitas Ngurah Rai

Abstract

The presence of financial technology tools in the form of lending makes it easy for people to get loans. Unfortunately, the trend also brings new problems. Many debtors or borrowers cannot repay their loans on time, so online loan providers collect payments through debt collectors. Collecting payments through debt collectors also triggers new problems, that is, a collection method that violates decency norms to legal norms such as committing digital persecution against debtors or borrowers. Based on these problems, this study aims to examine the legal relationship between online lending providers and debt collectors and analyze accountability for digital persecution in online loan collection. To find out the answers to these problems, this study uses the normative research method with a statute approach, a conceptual approach and a case approach. In the research results, it was found that the legal relationship between online lending providers and debt collectors is a contractual legal relationship. Liability for acts of digital persecution by debt collectors as loan collectors is civil liability, that is to say, the perpetrator of persecution compensates for acts against the law, and criminal responsibility by imposing sanctions on debt collectors for violations of electronic information and transaction laws and imposing criminal sanctions on online loan providers based on the theory of vicarious liability.

Keywords: Liability, Digital Persecution, Online Loan

Topic: Law on Business, Business Competition, and Prohibition of Monopoly