KAJIAN HUKUM TENTANG GANTI RUGI ATAS PENAGIHAN YANG TIDAK SESUAI ETIKA OLEH PERUSAHAAN PINJAMAN ONLINE

Abstract

Legal protection for loan customers in Indonesia is a multi-layered and integrated system. Its legal foundation begins with civil law principles governing contractual relationships, reinforced by the Consumer Protection Law (UUPK), which specifically recognizes customers as consumers, and detailed by OJK regulations focusing on transparency, data protection, and ethical collection practices. The availability of dispute resolution mechanisms, both non-litigation through the Financial Services Authority (FSA) LAPS (Laps) and litigation through the courts, provides a pathway for customers to enforce their rights. Unethical online loan collection actions, such as the dissemination of personal data, intimidation, and terrorism, constitute unlawful acts (PMH) as regulated by Article 1365 of the Civil Code. This qualification allows customers to claim compensation for losses suffered, including immaterial losses such as psychological suffering and reputational damage. This research was conducted using a descriptive normative approach, with data processing and editing. Qualitative analysis was used in the data analysis process.