Legal Protection For User Data In Fintech Peer To Peer Lending Rupiah Cepat

Abstract

Cases of leakage and misuse of personal data continue to increase in Indonesia along with the increasing activity of the digital economy, including in FinTech Industry. The growth of Fintech is rampant, issuing online loan products without collateral and it makes our societies are interested because they are in need of fast money. However, it tends to misuse of the personal data of their user to spread when it comes in billing the loan. The regulation that specifically places the data owners’ rights is Law No. 11 of 2008 concerning Electronic Information and Transactions as amended in Law No. 19 of 2016 (UU ITE). However, the existing laws and regulations to the protection of personal data are still sectoral in nature so that they are not centralized and there are no regulations at the level of law, so that criminal sanctions are not maximally applied to criminals in this sector. The objective of this study is to analyze legal protection in FinTech Peer to Peer Lending Rupiah Cepat, PT Kredit Utama Fintech Indonesia. The research data was collected through literature study, document study and interviews. The analysis was performed using qualitative data analysis methods. The results of this study shows that legal protection for User Data can be realized preventively based on Article 29 POJK Number 77 / POJK.01 / 2016 that is the principle of transparency, fair treatment, reliability, confidentiality and data security, and User dispute resolution in a simple, fast and affordable cost. While in repressive legal protection based on Article 37 POJK Number 77 / POJK.01 / 2016 is carried out after a dispute. The aggrieved party immediately makes a complaint action. If proven true, the losses suffered by users as a consumer. The suggestion that the author gives to be able to solve problems in the future is that the role of OJK in regulating and supervising the development of Fintech in Indonesia must be more emphasized in implementing regulations and also the Government should adopt and implement GDPR (General Data Protection Regulation) as a foundation and guidance to draft a new law regarding data protection that gives more control for consumers over their personal data and gives regulators the power to impose fines of up to 4% of the violating company's revenue. Keywords: FinTech, Peer to Peer Lending, Legal Protection, GDPR