Civil and Criminal Cases of Online Loans

Abstrak

The misuse of personal data in online loans, especially the unauthorized use of identity cards, raises criminal and civil law issues in Indonesia. Approximately 50% of online loan applications involve fake or stolen identities, with West Java being the most prevalent region. This study uses a normative juridical method through a review of regulations related to cybercrime, data protection, and agreements. From a criminal aspect, perpetrators can be charged under the Personal Data Protection Law, the Electronic Information and Transactions Law, and articles of the Criminal Code concerning fraud, forgery, and defamation. From a civil perspective, the legal consequences include contract cancellation, breach of contract, unlawful acts, and claims for damages. Prevention and law enforcement require synergy between the government, the Financial Services Authority, the Population and Civil Registration Agency, official fintech companies, and the community. An integrated approach to criminal and civil law is important for the protection of the community and legal certainty in online lending practices.