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Jenis : KKM
Judul : PERLINDUNGAN HUKUM TERHADAP NASABAH PINJAMAN ONLINE DARI PENAGIHAN DENGAN PEMERASAN DAN ANCAMAN BERDASARKAN UU INFORMASI DAN TRANSAKSI ELEKTRONIK (Studi Putusan Nomor 438/Pid.Sus/2020/PN Jkt.Utr)
Subjek : Criminal law; Racketeering
Pengarang : RACHMAN HUSEIN ALFIKRI
Pembimbing : Agus Raharjo Budiyono
Prodi : ILMU HUKUM
Tahun : 2023
Call Number : 345.026 5 ALF p
Perpustakaan : Fakultas Hukum
Letak : 1 eksemplar di Koleksi Referensi
Abstrak :
The development of Fintech has had an impact on the emergence of many
companies in the financial sector, one of which is in the field of technology-based
money lending services or online loans. However, many problems arise in the
practice of administering loans, such as high interest rates, billing in ways that
violate the law, such as using threats and/or threats of violence, dissemination of
personal data, and sexual harassment. This study aims to determine the form of
legal protection for victims of extortion and/or threats by loan organizers and also
efforts that can be made to deal with unlawful practices carried out by loan
providers. This type of research is normative juridical research using a case
approach as well as a statutory approach. The data collection method was carried
out by conducting a literature study and also interviewing the relevant informants
as supporting data, the data is presented in narrative text and the data analysis
method used is a qualitative normative method. The results of this study conclude
that the form of legal protection for loan customers can be divided into two types,
namely protection with repressive measures, namely through the mechanism of
imposing criminal sanctions by the court on perpetrators, in which this decision
uses articles in the ITE Law which tend to focus on the perpetrator's actions. and
does not mention the restoration of victims' rights. Meanwhile, protection with
preventive measures is carried out by cyber patrols to block sites and online loan
applications that violate the law and also educate the public about the use of fintech
so that this illegal loan practice does not become more widespread and take victims.
Keywords : legal protection, victim, online loan, extraction, threats
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