Proceedings of the 3rd Tarumanagara International Conference on the Applications of Social Sciences and Humanities (TICASH 2021)

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Analysis of Unlawful Collection Actions Regarding Online Loans from Illegal Fintech (Case Study on Decision Number 438/Pid.Sus/2020/PN.Jkt.Utr)

Authors
Alfin Rafael1, Sugandi Ishak1, *
1Faculty of Law, Universitas Tarumanagara, Jakarta 11440, Indonesia
*Corresponding author. Email: sugandhi.ishak@gmail.com
Corresponding Author
Sugandi Ishak
Available Online 21 April 2022.
DOI
10.2991/assehr.k.220404.036How to use a DOI?
Keywords
Financial technology; online loans; illegal companies
Abstract

In Indonesia, there are 3,107 illegal fintech companies. The author focuses on illegal collection actions related to online loans from illegal fintech as stated in Decision Number 438/Pid.Sus/2020/PN.Jkt.Utara. When collecting an online loan from the victim, the defendant used harsh words towards the victim by sending a voice note via Whatsapp with words such as “bad dog”, “devil’s child”, an insult to the victim. The problems that the author raises are How Peer-to-Peer Lending (P2P Lending) Debt Collection Actions in the Perspective of Criminal Law and How to find out whether the fintech is registered or not and what the sanctions are in terms of the Law of the Republic of Indonesia Number 19 of 2016 concerning Amendments to the Law Number 11 of 2008 concerning Information and Electronic Transactions. The author in his analysis stated that the act of billing using harsh words carried out by the defendant violated Article 310 of the Criminal Code and the illegal company could be subject to criminal sanctions based on Article 32 of Law no. 3 of 1982 concerning Compulsory Company Registration. The author concludes that the act of billing using harsh words committed by the defendant violated Article 310 of the Criminal Code and must be accompanied by a complaint to the police and related to the illegal company can be subject to sanctions by Article 32 of Law no. 3 of 1982 concerning Compulsory Company Registration.

Copyright
© 2022 The Authors. Published by Atlantis Press SARL.
Open Access
This is an open access article distributed under the CC BY-NC 4.0 license.

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Volume Title
Proceedings of the 3rd Tarumanagara International Conference on the Applications of Social Sciences and Humanities (TICASH 2021)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
21 April 2022
ISBN
10.2991/assehr.k.220404.036
ISSN
2352-5398
DOI
10.2991/assehr.k.220404.036How to use a DOI?
Copyright
© 2022 The Authors. Published by Atlantis Press SARL.
Open Access
This is an open access article distributed under the CC BY-NC 4.0 license.

Cite this article

risenwbib
TY  - CONF
AU  - Alfin Rafael
AU  - Sugandi Ishak
PY  - 2022
DA  - 2022/04/21
TI  - Analysis of Unlawful Collection Actions Regarding Online Loans from Illegal Fintech (Case Study on Decision Number 438/Pid.Sus/2020/PN.Jkt.Utr)
BT  - Proceedings of the 3rd Tarumanagara International Conference on the Applications of Social Sciences and Humanities (TICASH 2021)
PB  - Atlantis Press
SP  - 232
EP  - 240
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.220404.036
DO  - 10.2991/assehr.k.220404.036
ID  - Rafael2022
ER  -