PERTANGGUNGJAWABAN PIDANA TERHADAP PENYALAHGUNAAN DATA PRIBADI MILIK DEBITUR OLEH PIHAK KETIGA DALAM PINJAMAN ONLINE

Abstract

The development of online lending services as part of financial technology (fintech) and the access to financing enjoyed by the public have raised specific legal issues, namely the misuse of borrowers’ personal data by third parties particularly debt collectors who use such data for purposes other than those for which it was collected, thereby causing harm to borrowers. The main objective of this study is to examine the specific characteristics of online loan agreements regarding the use of borrowers’ personal data and to analyze the criminal liability for the misuse of borrowers’ personal data by third parties in online lending practices.

This study falls under the category of normative legal research, utilizing both the statutory approach and the conceptual approach. The legal materials used include primary sources—namely, various laws and regulations related to the protection of personal data, electronic information and transactions, and the provision of online lending services—as well as secondary sources such as books, academic journals, and relevant legal literature. The analysis of these legal materials is conducted deductively through the interpretation of applicable legal norms.

The results of this study indicate that online loan agreements are electronic contracts based on standard form agreements that involve the processing of personal data as part of the identity verification, creditworthiness assessment, and implementation of the loan agreement. The processing of personal data must be carried out based on the data subject's consent, a specific and legitimate purpose, and the principles of personal data protection as stipulated in Law Number 27 of 2022 concerning Personal Data Protection. Furthermore, third parties who misuse debtors' personal data may be held criminally liable if their conduct fulfills the elements of a criminal offense, including an unlawful act, the existence of culpability, and compliance with the criminal provisions stipulated in the Personal Data Protection Law, the Electronic Information and Transactions Law, and the Indonesian Criminal Code. In addition, online lending providers, as personal data controllers, may also be held liable if they are proven to have failed to adequately protect personal data or have granted third parties access to such data without proper supervision. Therefore, strengthening regulations, supervisory mechanisms, and law enforcement is essential to ensuring legal certainty and providing effective protection of debtors' personal data in the implementation of online lending services.