| dc.description.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 | en_US |
