Legal Policy for Name Impersonation Victims in Online Loans: A Comparison Between Indonesia and Singapore

This research is based on the fact that globalization has driven the development of information and communication technology, which in turn has changed people's lifestyles and various aspects of life, including the economy. The transition from a traditional manufacturing-based economy to a digital economy based on information technology and creativity is known as the creative economy. However, information technology also brings challenges, such as data security issues in online loans. Fintech (financial technology) has become a significant innovation in the financial sector, facilitating financial transactions through services such as e-commerce and online loans. The method in this research is to use the Normative legal research method using a legislative approach and a conceptual approach. The legal materials in this study are primary legal materials and secondary legal materials. From the results of the study, it can be concluded that: The government has made efforts to provide legal protection against possible crimes that occur to consumers of illegal online loans through preventive and repressive actions. Preventive actions are carried out through the Electronic Information and Transactions Law (ITE), Law Number 27 of 2022, concerning Personal Data Protection (PDP Law), and the role of the Financial Services Authority (OJK) in supervising the circulation of online loan services. Repressive legal protection is implemented through Article 2 Paragraph 1 and Article 15 Paragraph 2 of the PDP Law, Law Number 11 of 2008 Article 26 Paragraph 1 concerning the ITE Law, and other laws that stipulate sanctions such as fines, imprisonment, and other additional penalties. Law enforcement against perpetrators of personal data abuse in the context of illegal online loans includes two main approaches, judicial and non-judicial legal efforts. Judicial legal efforts involve the court process to resolve disputes after violations and unlawful acts occur based on the PDP Law, the ITE Law, and Article 368 of the Criminal Code. Meanwhile, non-judicial legal efforts involve complaints to relevant institutions, such as the OJK, Kominfo, and the Police, which have a role in supervising, imposing administrative sanctions, and conducting investigations into these violations. This approach emphasizes the importance of cooperation between various institutions to ensure effective law enforcement against illegal practices in the online lending sector.

The financial sector, especially through online loan applications, has seen new opportunities thanks to technological advances, especially in the field of communications. Although online loans are easy to use, they also present risks regarding personal data security and unsafe lending practices. Along with the popularity of online loans, crimes in the digital world, such as data theft and misuse of information, are increasing. Although vulnerable to detrimental lending practices, especially illegal loans that have not been registered with the Financial Services Authority (OJK), people with low incomes see online loans as an attractive option. The aim of this research is to study how the protection of consumer personal data in online loan transactions is protected by law, especially considering the phenomenon of violations and unprofitable lending practices. This research examines how Law no. 27 of 2022 concerning Personal Data Protection (UU PDP) protects personal data and how it impacts borrowers socially and psychologically. This research shows regulatory and practical innovation in dealing with the problem of personal data leakage which is detrimental to consumers when borrowing money via the internet. Through regulatory analysis and case studies, this research is expected to provide insight into how effective personal data protection is in online loan transactions. Therefore, this research helps build better regulations and efforts that protect customers in the ever-growing era of online lending.

This research aims to find out how legal protection is for personal data in online loan services after the enactment of "Law Number 27 of 2022 concerning Personal Data Protection" and also find out what legal steps are taken by victims if there is misuse of personal data. by the lender. This research uses nomative-empirical research methods. This method combines normative legal elements which are then supported by data or empirical elements. The results of this research contain that in protecting personal data, the government has passed several new regulations that specifically protect a person's personal data. The law in question is "Law Number 27 of 2022 concerning Protection of Personal Data" or abbreviated as "PDP Law". The Financial Services Authority also regulates online loan services with "Financial Services Authority Regulation Number 10 /POJK.05/2022 concerning Information Technology-Based Joint Funding Services". These two laws guarantee the protection of borrowers' personal data. If there is misuse of personal data by the lender, legal steps can be taken, such as the borrower can report criminally to the police or can also report to the Financial Services Authority. Advice, be careful when using personal data and do not carelessly give this data to anyone so that it will not be misused.

New opportunities for digital financial services (Fintech) have emerged to accelerate digital financial inclusion amid social distancing, one of which is through Online Loans. The convenience offered by Online Loans in the process of borrowing money or financing without having to visit conventional financial institutions such as banks directly, is one of the factors supporting the increasing popularity of Online Loans, thereby opening up more opportunities for Online Loan Providers to expand their industry. However, issues arise due to the ease of this technology, one of which is the misuse of borrowers' emergency contacts, causing inconvenience to the owners of those contacts whose personal lives are disrupted. The study is conducted using normative legal research. The experience of convenience offered by Online Loans is much greater; the borrowing process only takes place through a website or mobile phone, allowing consumers to confirm only through the system and do it anytime and anywhere. However, the conveniences provided by Online Loans are often not accompanied by adequate education in society regarding the technology used or the legal and lending provisions. This has become a loophole for "predatory lending" actors to develop their businesses. Legal protection for borrowers is already regulated in the Financial Services Authority Regulation Number 10/POJK.05/2022 Regarding Information Technology-Based Borrowing and Lending Services. Borrowers regarding their personal data have also been clearly regulated in Law Number 27 of 2022 Concerning Personal Data Protection, as well as the presence of Financial Technology associations that accompany the pace of technology-based borrowing and lending services. Control of personal data must obtain explicit consent from the data subject to process personal data. There are several sanctions for online loan customers who provide emergency contact numbers without consent. These sanctions include written warnings, temporary cessation of all personal data processing activities, deletion or destruction of personal data, and/or administrative fines.

Financial technology, or Fintech, is a type of business that offers financial services through information technology. Its goal is to make financial product transactions more accessible to the public. Fintech includes digital financial services, such as online loan services, which provide a convenient transaction process from submission to disbursement without unnecessary complications. Fintech has gained popularity, particularly among millennials, due to its convenience. Fintech and digital platforms offer customers transactional convenience. However, this convenience can lead to problems such as the misuse of customers' personal data. Provisions that require online loan customers to provide personal data can make them vulnerable to debt collectors who may use intimidation tactics to share their personal information, leading to potential imprisonment or job loss. Fintech companies offering online loans may access the mobile phone data of their customers, including contact numbers listed as emergency contacts. This can lead to inconvenience for customers who may receive continuous calls from debt collectors without realizing that their emergency contact information has been shared. It is important for fintech companies to clearly communicate their use of customer data and ensure that customers are aware of how their information will be used. Law No. 8 of 1999 concerning Consumer Protection aims to provide protection to customers, but it does not adequately address the protection of personal data. Therefore, the government needs to adjust Financial Services Regulation (POJK) Number 77/POJK.01/2016 concerning Information Technology-Based Money Lending and Borrowing Services to prevent and handle cases related to online loans, especially illegal ones. Additionally, Law No. 27 of 2022 concerning Personal Data Protection provides further provisions for personal data protection.

Problem setting. In order to build an innovative society, it is necessary to develop legal norms and regulators aimed at protecting privacy and controlling personal data. In addition, the need to ensure effective and reliable protection of personal data in the conditions of rapid technological development, globalization and the growing threat of cybercrime is becoming more urgent. The need for the development of legal norms, the introduction of innovative technologies and the raising of public awareness become important tasks for ensuring privacy and protection of personal data. The study also aims to identify and analyze the main challenges facing the field of personal data protection, such as cybercrime, hacker attacks, globalization and cross borders. Legal norms and regulations aimed at protecting privacy are also analyzed, as well as the potential opportunities of new technologies that can increase the level of protection of personal data. Аnalysis of recent researches and publications. The problems of legal protection of personal data have recently become the subject of research by an increasing number of scientists, both lawyers and representatives of other fields of knowledge. In particular, such scientists as: S. Hlibko, T. Egorova-Lutchenko, K. Yefremova, O. Korvat, V. Kokhan, M. Haustova devote their attention to the study of these issues. etc. Purpose of the research is to develop possible ways of legal protection of personal data in view of today’s challenges related to this issue. The article aims to consider the development of technologies and the growth of the volume of personal data as the main factors affecting the need for effective protection of privacy and security of this data. The article is aimed at expanding the understanding of the problem and providing recommendations for improving the protection of privacy and security of personal data in the future. article’s main body. According to the preamble to the Agreement between Ukraine and the European Union on the participation of Ukraine in the European Union program “Digital Europe” (2021-2027), the important supporting role of digital infrastructure, including in the field of cyber security, is recognized to ensure inextricably linked transformation processes and digital leadership of the European Union. The purpose of concluding the Agreement is to establish mutually beneficial cooperation in order to strengthen and support the deployment of reliable and secure digital capabilities in the Union in the field, including cyber security. It is recognized that mutual participation in each other’s programs for the implementation of digital technologies should ensure mutual benefits for the Parties, while observing a high level of data protection, digital rights, etc. In accordance with paragraph 12 of Article 2 of Annex III to the Agreement, the exchange of information between the European Commission or OLAF and the competent state authorities of Ukraine must take place with due consideration of confidentiality requirements. Personal data included in the exchange of information must be transferred in accordance with the current legal norms on data protection of the Party making the transfer. According to paragraph 49 of the preamble of Regulation (EU) 2021/694 of the European Parliament and of the Council of April 29, 2021 on the establishment of the Digital Europe Program, digital transformation should allow citizens to access, use and securely manage their personal data across borders, regardless of their location or data location. According to point 60 of the preamble, by providing a single set of rules that are directly applicable in the legal systems of the Member States, Regulation (EU) 2016/679 guarantees the free flow of personal data between Member States and strengthens the trust and security of individuals, two indispensable elements of a true Digital Single Market . All actions taken within the framework of the Program, which involve the processing of personal data, must contribute to the smooth implementation of this Regulation, for example, in the field of artificial intelligence and distributed ledger technologies (for example, blockchain). These actions should support the development of digital technologies that meet data protection obligations both by design and by default. In addition, according to paragraph 69 of the preamble, this Regulation respects fundamental rights and adheres to the principles recognized in the Charter of Fundamental Rights of the European Union, in particular regarding the protection of personal data, etc. In the Charter of Fundamental Rights of the European Union (2016/C 202/02) dated June 7, 2016, Chapter II “Freedoms” contains Article 8, which is entitled “Protection of personal data”, according to which it is assumed that everyone has the right to the protection of personal data data concerning him. Such data must be processed fairly for specific purposes and on the basis of the consent of the person concerned or on another legal basis established by law. Everyone has the right to access the data that has been collected about him and the right to correct it. Compliance with these rules is subject to control by an independent body. In addition, Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data establishes rules relating to the protection of natural persons with regard to the processing of personal data, as well as rules, relating to the free movement of personal data, and protects the fundamental rights and freedoms of natural persons and, in particular, their right to protection of personal data. Today in Ukraine, the main legislative act in this area is the Law of June 1, 2010 No. 2997-VI “On the Protection of Personal Data”. Article 11 of the Law of Ukraine “On Information” specifies what information about a natural person (personal data) is. In turn, the legal and organizational bases for ensuring the protection of the vital interests of a person and citizen, society and the state, national interests of Ukraine in cyberspace, the main goals, directions and principles of state policy in the field of cyber security, the powers of state bodies, enterprises, institutions, organizations, individuals and citizens in this area, the basic principles of coordination of their cyber security activities are defined in the Law of Ukraine “On Basic Principles of Cyber Security of Ukraine”. In addition, relations in the field of information protection in information, electronic communication and information and communication systems are regulated by the Law of Ukraine “On the Protection of Information in Information and Communication Systems”. In turn, the Concept of the development of e-governance in Ukraine, as well as the Law of Ukraine “On the National Informatization Program” defines e-governance. In addition, in 2021, the Law of Ukraine “On Public Electronic Registers” was adopted, which defines the State electronic platform for maintaining public electronic registers. On April 18, 2023, by a resolution of the Cabinet of Ministers of Ukraine, the Regulation on the information system “Software platform for the deployment and support of state electronic registers” was approved, as well as the Procedure for using the software “Software platform for the deployment and support of state electronic registers”. conclusions and prospects for the development. The protection of digital personal data requires the development of appropriate technical and regulatory tools, as well as judicial practice of prosecution for violations of the order of their use. It is possible to create a database or registry for private electronic/digital platforms, with the help of which or which would control their activities, including regarding the protection of personal data. At the same time, at the regulatory and legal level, it is necessary to provide that a mandatory condition for the creation and functioning of an Internet platform is its registration in such a database / such a register, and a mandatory condition for registration is confirmation of technical capabilities to ensure the protection of personal data of platform users. It is necessary to define at the regulatory level the list and mechanisms of acquisition of digital rights, their implementation, protection, compensation and responsibility for their violation. The protection of personal data should be considered one of the digital rights of a person and a citizen. The development of digitalization in a legal state must inevitably be accompanied by the development of the legal framework, in particular, the emergence, consolidation, definition and protection of digital rights of individuals and legal entities. Digital rights are a multifaceted category, they become connected and interwoven with other rights defined and established in the norms of different branches of law. The multifaceted nature of the “digital rights” category implies the separation and delimitation of various categories of digital rights, their distribution into appropriate types, for example, “personal digital rights”, “financial digital rights”, etc. It should be quite natural to form a separate element in the general system of law, such as digital law, as a set of legal norms regulating social relations related to the circulation of (including personal) data in digital networks.

The rapid evolution of information and communication technology has driven diverse business and financial practices. Indonesia is at the forefront with high engagement in fintech online lending services, presenting challenges in safeguarding user data despite these platforms' convenience. This research aims to analyze the intricacies of protecting the personal data of users of online lending services in Indonesia and highlight the obstacles faced in this process. Using a normative legal approach combined with descriptive data analysis, this research examines the protection mechanism from the perspectives of users and online loan service providers. The research concluded that users should verify the legitimacy of online loan service providers by ensuring proper registration with the Financial Services Authority (OJK) of the Republic of Indonesia. In addition, users should carefully scrutinize and understand the terms and conditions of personal data protection before agreeing to an online loan agreement. Second, the main problems qualified as obstacles in this research related to the effectiveness of personal data protection in the context of online lending are at least influenced by three main elements that influence each other, especially those related to legal substance, legal structure, and legal culture. Based on this doctrine, it is found that in addition to legal uncertainty related to the guarantee of personal data protection rights on the one hand, on the other hand, the absence of specialized institutions related to personal data protection is one of the factors that affect the ineffectiveness of personal data protection in Indonesia related to online loans.

Current developments are investments that take advantage of the digital era and globalization using application products, namely financial technology (Omarova, 2020). Financial technology is a combination of financial services and technology that makes changes to businesses that were previously conventional to become modern. Then, with modern technology, things are illegal and use other people's data. This research method uses normative juridical or doctrinal juridical research. The formulation of the problem is legal protection for victims of misuse of personal data when making online loans. The result is that legal protection can take the form of civil legal protection, criminal legal protection. Including those contained in the Financial Services Authority (OJK) regulations, however, this legal instrument does not yet comprehensively regulate the misuse of personal data for online loans.. Keywords: personal data; victim; legal protection; abuse; online loans.

Nowadays, online loan provider companies are increasing rapidly. Ironically, this has negative impacts such as crimes committed by online loan providers. So many users are harmed. This research is normative research, namely research that uses applicable laws and regulations and the approach used is a statutory approach. The results of this research are that in providing legal protection to users of online loan services, the Financial Services Authority (OJK) issued regulations, namely POJK No. 77/POJK.01/2016 concerning technology and information-based lending and borrowing services. And also POJK No.13 /POJK.02/2008 concerning digital financial innovation in the financial services sector. Legal protection can be carried out after a dispute occurs between a user and other users. This regulation is the first regulation issued by the OJK to directly protect fintech issues. The financial services authority has a very important role, namely having the authority to supervise information technology-based companies. OJK itself was formed to impact sustainable and stable economic growth. It is hoped that the OJK was formed to support the interests of the financial services sector as a whole so that it can compete in the economic sector.

Popular peer-to-peer lending fintech is also called online lending. As an innovation in the financial sector, online loans offer financial assistance to people in need and applying for loans is quite easy. Online lenders as financial service providers are regulated by the Financial Services Authority, which is an institution legally authorized to regulate, supervise, audit and investigate the financial services sector. However, in practice, online loan management in Indonesia often causes problems even though it is regulated and supervised by the OJK. These problems are related to personal data breaches, resolving intimidation, and several other problems. The purpose of this research is to find out what the legal regulations for online loans are in Indonesia and what legal protection is given to borrowers who make online loans through legal regulations in order to avoid problems related to online loans. This research uses normative legal research methods, the approach used is a legal approach. The results of this research show that the basis for regulating online loans is in OJK Regulation Number 10/POJK.05/2022 concerning Technology-Based Community Financing Services. The legal protection for online borrowers is divided into preventive protection, namely protection against criminal acts, and contains prohibitions on online borrowing. And law enforcement protection to resolve disputes that arise, support through out-of-court dispute resolution tools, the Alternative Financial Services Sector Dispute Resolution Institute (LAPS SJK) and legal defense of debtor interests by assisting in the initiation of legal efforts

INDAH APRILIA SIDIKI (NIM :1011418002 ) 2021. “LEGAL PROTECTION AGAINST CONSUMERS IN ILLEGAL ONLINE LOANS”. Supervised by each Supervisor I : Dr. Fence M. Wantu, SH., MH., and Supervisor II : Dolot Alhasni Bakung, SH., MH. Department of Law, Faculty of Law, State University of Gorontalo.This study discusses legal protection for consumers in illegal online loans. The purpose of this research is to find out legal protection for consumers in illegal online loans, and to find out the legal consequences of default in illegal online loans. The method used is normative research using library dataThe results of this study are that online loan service providers have been regulated in Financial Services Authority Regulation Number 77 /POJK.01/2016 concerning Information Technology-Based Borrowing-Lending Services, but not all online loan companies are registered with financial services authorities. Then the legal consequences of default in online loans are not clearly regulated because existing regulations only regulate defaults carried out by legal online loans, while illegal ones are only regulated for reprimands and up to blocking if proven guilty, related to consumers being transferred to the Criminal Code and the Protection Act. consumer.Keywords: Protection, loans, illegal

Online-based loan services make it easy for people to access credit, but the rapid growth of online loan services tends to open up space for "lintah darat" to get as much profit as possible. Online loans, on the one hand, provide convenience to the community. However, on the other hand, they can be detrimental by spreading personal data, intimidating, and being trapped in the clutches and bonds of online loans with high-interest rates, as well as various other threats of violence. Therefore, consumer protection and personal data protection are necessary for consumers. This research aims to provide an alternative to renewing legal protection for people who use online loans, especially in Central Java. Data collection through direct observation, interviews, and documentation. Data analysis used an interactive model from Miles and Huberman, including data collection, reduction, data display, and conclusions. The study results show that the large number of victims ensnared by online loans proves the need for legal renewal to protect affected communities and can ensnare perpetrators who arbitrarily commit online gender-based violence. This form of protection requires more binding regulations, which regulate criminal sanctions so that they can guarantee protection, justice, and welfare for the community. Besides that, it is also necessary to accelerate the ratification of the Personal Data Protection Bill.

Online lending services in Indonesia have grown rapidly in recent years, but this has also brought great challenges regarding the protection of consumers' personal data. Personal data security has become a very important issue, given the many cases of data breaches that can harm consumers. This study aims to analyse the role of personal data security in the fulfilment of consumer rights in online lending services, as well as to evaluate the existing legal certainty related to consumer personal data protection. The method used in this research is empirical juridical, with an analytical approach to relevant legal regulations and case studies regarding data breaches in online lending services. The results show that although there are regulations governing personal data protection, implementation is still weak and faces challenges such as a lack of consumer digital literacy and supervision of illegal service providers. The conclusion of this study is that legal certainty is needed to protect consumer rights, and that stricter regulations and better supervision of online loan service providers are essential. The implications of this research are the need for strengthened regulation, increased supervision by the Financial Services Authority (OJK) and other relevant institutions, and education to consumers on their rights regarding personal data.

This study seeks to examine the role of the Financial Services Authority and its efforts in overcoming public problems in the form of fintech lending or online loans in the era of the COVID-19 pandemic through the application of the e-commerce concept. The increase in the use of e-commerce makes online loans also increase during the covid-19 pandemic. Based on the Financial Services Authority Regulation Number 77/POJK.01/2016 and the Financial Services Authority Regulation Number 13/POJK.02/2018 it becomes a legal reference in the implementation of financial service activities carried out by providers fintech lending. The state institution authorized to overcome the above problems is a state institution in the form of the Financial Services Authority together with the Ministry that is authorized and involved in its implementation. This study uses a descriptive qualitative approach by analyzing reports based on reports from financial service authority institutions related to online loans, both legal and non-legal. This approach is used to see the government's efforts in dealing with problems related to legal and illegal online-based money loans in Indonesia. The research data that will be used are secondary data obtained through books, scientific journals, social media, official government websites, and news portals. The results of the study show that currently illegal online loans have a higher graph than legal online loans, the government's efforts to reduce illegal online loans are by blocking the sites used. However, technology is so sophisticated that it is difficult for the government to eradicate these crimes. Another effort made by the government is asking the public to be more vigilant and careful before making transactions using online loan services by finding out in advance whether the site already has a permit in managing the online loan site.KeywordsE-commerceOnline loansIllegalCovid-19Indonesia

Online loans are platforms that allow individuals or businesses to apply for and obtain loans over the internet. Online loans offer convenience and accessibility. However, there are also illegal online loans that are harmful to their users. This is the background for the emergence of two problem formulations, namely how legal regulations governing the practice of online loans and how consumer legal protection in online loans. The research method used is normative juridical. The results found that Financial Services Authority (Otoritas Jasa Keuangan/OJK) as the responsible authority has issued Financial Services Authority Regulations (Peraturan Otoritas Jasa Keuangan/POJK) No. 77/POJK.01/2016 on Information Technology-Based Money Lending and Borrowing Services. However, the implementation and effectiveness of this regulation is still a big challenge. Many online lending platforms operate without a license and ignore the applicable regulations, thus posing a high risk to consumers. Recipients of online loans can be said to be consumers because they are users of a service. In this case, online loan services, consumer protection has been regulated in Law No. 8 of 1999 of Consumer Protection, and regarding consumer protection in online loans has also been regulated in POJK No. 77/POJK.01/2016 and Bank Indonesia Regulation No. 3 of 2023 on Bank Indonesia Consumer Protection, although there are already regulations governing online loan consumers, online loan consumer protection is still a problem because many illegal online loans are always looking for loopholes and circumvent existing regulations.