Legal Certainty of Personal Data Protection of Debtors Information Technology-Based Joint Funding Service (LPBBTI)

Abstract

The increasing interest and community needs in Information Technology-Based Joint Funding Services (LPBBTI) have led to the development of LPBBTI application services. LPBBTI companies collect by accessing and contacting debtor contacts and disseminating personal data such as the debtor's Identity Card (KTP) used when registering at the LPBBTI. Such inappropriate collection can occur due to debtors making payment arrears or defaulting. This study discusses the regulation on the protection of personal data of LPBBTI debtors in realizing legal objectives to obtain legal certainty. This research is normative research using a statutory approach. The results showed that Law Number 27 of 2022, in practice, has not realized its legal objectives because many LPBBTI commits violations by disseminating debtors' data for the collection process. The billing process that is different from the regulations that have been regulated will have an impact on the agreement that has been agreed between the user and the operator (LPBBTI). The implementation of agreements that are violated or not by laws and regulations, then the agreement is null and void so that it impacts the debtor's legal certainty. Default collection by LPBBTI must be based on the principles in Law Number 27 of 2022, one of which is the principle of expediency and legal certainty. The principles contained in the Personal Data Protection Law are indeed based on legal objectives, but in practice, the Law does not realize legal purposes.