Proceedings of the 2nd International Conference on Fundamental Rights, I-COFFEES 2019, 5-6 August 2019, Bandar Lampung, Lampung, Indonesia

Research Article

Reconstruction of Criminal Law Protection Policy for Credit Consumers Based on Financial Technology

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  • @INPROCEEDINGS{10.4108/eai.5-8-2019.2308588,
        author={Eko  Raharjo and Emilia  Susanti},
        title={Reconstruction of Criminal Law Protection Policy for Credit Consumers Based on Financial Technology},
        proceedings={Proceedings of the 2nd International Conference on Fundamental Rights,  I-COFFEES 2019, 5-6 August 2019, Bandar Lampung, Lampung, Indonesia},
        publisher={EAI},
        proceedings_a={I-COFFEES},
        year={2021},
        month={6},
        keywords={policy; protection; criminal law; fintech consumers; financial technology},
        doi={10.4108/eai.5-8-2019.2308588}
    }
    
  • Eko Raharjo
    Emilia Susanti
    Year: 2021
    Reconstruction of Criminal Law Protection Policy for Credit Consumers Based on Financial Technology
    I-COFFEES
    EAI
    DOI: 10.4108/eai.5-8-2019.2308588
Eko Raharjo1,*, Emilia Susanti1
  • 1: Faculty of Law University of Lampung, Indonesia
*Contact email: eko.raharjo3@gmail.com

Abstract

The development of fintech online loan business is currently growing rapidly in Indonesia. The use of online-based loans has become a breakthrough in economic development in Indonesia by providing easy loan services, but on the other hand fintech costumers are vulnerable to become victims of cybercrime such as threats, intimidation, fraud and misuse of personal data. The Efforts to protect costumers from organizing online loans based on POJK No. 1 / POJK.07 / 2013, POJK No. 77 / POJK.01 / 2016, and SEOJK Number 18 / SEOJK.02 / 2017. Therefore an ideal construction is needed in the protection of criminal law for fintech customers. The results of this study in the perspective of legal reform need to be made legal protection regulations provided to fintech costumers which include preventive legal protection and repressive legal protection based on the 2013 POJK and 2016 POJK as well as regulations related to the implementation of online-based fintech loans because they cannot currently provide protection maximum in the aspect of protection of criminal law so that it is necessary to make a special legislation policy that regulates related to the protection and implementation of fintech and the need for supervision that is carried out integrally by related agencies such as the Authority, KOMINFO, Police against illegal fintech.