Nama : Matthew Fabio

NRP : 120120102

Summary of Legal Journal “Legal Liability of Illegal Online Loans in the Perspective of
Criminal Law” reviewed from Indonesian Criminal Law System.
Vanti Y. Rolobessy, Faissal Malik, Suwarti

The Development of technology causes the emergencies of finance to become financial

technology (Fintech). In Indonesia, Indonesian people seem to be increasingly familiar with the
online world. No exception in financial matters, many people are now using online loan services.
This can be seen from data from the Financial Services Authority (OJK) which recorded an
increase in the value of online loans in September 2021 of IDR 26.09 trillion. This number has
increased rapidly compared to the year-on-year with the new September 2020 of Rp.12.71
trillion. From this new fenomena, emerging criminal Illegal Loans have potential to increase and
cause harm to Indonesian society. Based on the official of instagram account OJK @ojkindonesia
there are several main characteristic of illegal online loan which is offer online loan from short
message spam, loan fee very high that can reach 40%, high interest rate, the loan repayment
short term, always ask personal data, unethical debt collect, not registered by OJK, and there is
no customer complaint service.
The illegal Loans in Indonesia cause harm to community such is loan fee is higher, act of
terror from debt collector continuous to debitor cause discomfort in life and stress, threats from
illegal borrowing to extort and blackmail the debitor data to spread in cyberspace, misuse of
personal information as a form mayantara which is victim get bill from loan that they haven’t
borrowed. Based on the problem above, the illegal loan in cyberspace has 2 (two) perspectives,
which is policy on the discontinuation of misuse personal data. 4th paragraph of Indonesian
Constitute contains the purpose of the state then concretized in the form of protection data and
personal information for Indonesian society. However until now the legal draft for personal data
protection law never passed. The Indonesian law for ITE has a weakness, namely the absence of
legal protection for the owner of data used by the operator or service provider with the aim of
making a profit. That means the weakness for ITE Law such as criminal provision or supervision
has not been accomodated in this law.
Second Perspective is from the law enforcement against perpetrator of criminal acts
in illegal loans from cybercrime. According to the author, the Indonesian criminal law system
still dont have the law for cybercrime that is comprehensive and thorough. The main thing from
cyber crime based on the expert of law which is an act of computer crime that is illegal automatic
processing or transmission of data. Agreeing with opinion Hamzah defines it as "a crime in the
field (computer network system) can universally be referred to as illegal use of a PC". Law No.
36 on 1999 on Telecommunications, Law No. 19 of 2002 on Copyright, Law No. 15 of 2003 on
Combating Terrorism, and Law No. 11 of 2008 on Electronic Information and Transactions is the
only law in indonesia that can combating cybercrime though is not specifically regulates cyber
crime.
The Perpetrators for legal liability for illegal online loans can be prosecuted and brought
to justice but the subject is not a natural person based on 59 criminal law. Therefore, the
Corporate for this illegal company that does fraud, extortion, Criminal breach of privacy, threats,
criminal offences of contempt can’t be imposed with regular criminal law. So use the theory of
criminal corporate liability such as The management of the corporation as the maker and
manager is responsible, the corporation as maker and manager is responsible and corporations as
makers and also as responsible (Priyatno, 2017).
Conclusion for this summary is that illegal loans do harm to the community and can be
reviewed from a criminal law perspective. However the problematic is that not all legal or law in
indonesian accomodate for legal provision and the protection of personal data that caused from
data leak. The discontinuation of misuse of personal information must be urgent for the
lawmaker and the legal liability for the perpetrator illegal loan company can't be imposed with
regular criminal law so use the theory of criminal corporate liability. Besides that, Indonesia
must have laws that protect personal information, sanction the perpetrator and restore the rights
for the victim.

- We all know each person in the world needs financial stability in their life. People need
business or to do fill what their need so therefore use loans which is sometime i have use
loan but a loan from a friend. . The Development of technologies cause the emergencies
the financial to become the fintech or financial technology. In Indonesia people
increasingly familiar in fintech including online loan. But in reality not all online loan
dont comply with OJK Regulations which is called illegal online loan.
- Illegal online loan causes harm to the community such is higher fee, threats, extortion,
blackmail from misuse of data for spread in cyberspace. Good evening my colleague
Ladies and gentlemen my name is matthew fabio. Today as a legal person i want to talk
about the main problem which is the criminalization of illegal online loan from
Indonesian criminal law system which can be reviewed from two perspective.
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