Oleh: Vivi Lutfia – Tim Riset Yuris Muda
The phenomenon of online loans is a sweet temptation for today’s society. Quick disbursement of funds with easy procedures is increasingly attracting people to make massive online loans. However, the loan has actually become a trap for the community because it is categorized as illegal. Quoting from the Financial Services Authority (OJK), illegal lending is marked by fintech companies that are not registered and do not have permission from the OJK, offering high estimated interest rates to billing accompanied by intimidation. Data compiled by OJK shows that from January to June 2021, the amount of funds disbursed to borrowers tends to increase. In June, around Rp. 14 billion was disbursed to nearly 9 million borrowers.
The existence of this illegal loan, in the end, resulted in bad impacts for the community such as carrying out transactions that were not in accordance with the agreement, distributing personal data without permission, using violence, setting high-interest rates, sexual harassment, and committing suicide due to being in debt due to illegal borrowing as happened to housewives. in Wonogiri who hanged himself (kumparan.com), and also a bank employee in Bojonegoro who also suffered the ill-fated fate (voice.com)
Then what is the legal position of this illegal borrowing?
First, conducting transactions that are not in accordance with the agreement can be categorized as fraud, this can be charged with Article 378 of the Criminal Code. Second, related to the distribution of personal data, illegal fintech companies can be charged with Article 32 in conjunction with Article 48 of the ITE Law. Third, intimidation treatment from illegal loan collectors can be subject to Article 368 of the Criminal Code and Article 29 in conjunction with the ITE Law.
Joint Collaborative Effort
Currently, the government has been aggressively taking action against various illegal lending sites that are mushrooming, and also constantly coordinating with related parties. This will be effective if the community also helps the government by raising awareness of the dangers of illegal lenders, and participates in reporting if they are harmed or know of any such illegal borrowing activities.