PERLINDUNGAN KONSUMEN PEMINJAMAN DANA SECARA ONLINE PADA PERUSAHAAN FINANCIAL TECHNOLOGY

Abstract

Financial technology (fintech)-based companies are currently growing rapidly in Indonesia. Law Number 8 of 1999 concerning Consumer Protection states that the terms of the agreement must be in line with the legal requirements of the agreement as regulated in Article 1320 BW in the reality of online-based (fintech) agreements. However, at the practical level, there is a standard clause containing an exoneration clause in the fintech agreement that has the potential to harm consumers. For this reason, the researcher raises the problem in this study, namely how to implement and/or violate Article 18 Number 8 of 1999 concerning Consumer Protection and whether the online agreement violates the provisions of Article 18 of Law Number 8 concerning Consumer Protection. The writing method of this research uses normative legal research, and uses a statutory approach, namely UUPK. The standard clause agreement can be seen in the electronic data-based loan agreement (fintech). In this case, it was made by the fintech business actor. And consumers/customers as the other party are harmed. Therefore, it is necessary to enforce consumer rights. The standard clause is actually allowed by the UUPK on the condition that it cannot include what is regulated in the UUPK. And a form of legal protection for consumers is that consumers can complain about the actions of business actors to the authorized institution, namely the Financial Services Authority (OJK) and business actors are subject to sanctions in the form of removing online-based media on the Google Play Store platform.