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LEGAL GUARANTEE OF CONFIDENTIALITY OF CUSTOMER
DATA IN ONLINE LOAN BUSINESS SERVICES
Ahmad Sahroni
1
, Faisal Santiago
2
, Ahmad Redi
3
Universitas Borobudur, Indonesia
Email : [email protected]
1
2
,
3
Abstract
Fintech emerged along with changes in people's lifestyles which are currently dominated by users of
information technology and the demands of a fast-paced life. Personal data and consumer behavior are part of
big data whose economic value can be high, and vulnerable to The Ministry of Communication and Information
(Kominfo), OJK, and the police in supervising online loan services. Customer data protection is regulated in
Ministerial Regulation (Permen) Number 20 of 2016 concerning Personal Data Protection.
Keyword
:
Legal protection, Customer data, Online loans.
INTRODUCTION
Financial technology or known as fintech is a combination of financial services and
technology that changes the business model from conventional to moderate where previously
payment transactions had to be done face-to-face and brought some cash, now payments can
be made anywhere, anytime even at any time. remotely and done in a short time. The
existence of fintech makes buying and selling transactions and payment systems more
efficient and economical but still effective. There are three types of financial technology,
which are as follows :
1. Third-party payment systems. Examples of third-party payment systems are
crossborderEC, online-to-offline (O2O), mobile payment systems, and payment platforms
that provide services such as bank payments and transfers.
2. Peer-to-Peer (P2P) Lending. Peer-to-Peer Lending is a platform that brings lenders and
borrowers together via the internet. Peer-to-Peer Lending provides credit and risk
management mechanisms. This platform helps lenders and borrowers meet their
respective needs and make efficient use of money.
3. Crowdfunding, Crowdfunding is a type of Fintech in which a concept or product such as
design, program, content, and creative work is publicly published, and people who are
interested and want to support the concept or product can provide financial support.
Crowdfunding can be used to reduce entrepreneurial financial needs, and predict market
demand.
The rapid development of fintech is marked by the existence of an online loan program,
with this technological advancement, someone who wants to get capital loan assistance,
simply downloads an application or accesses a loan service provider's website, fills in data,
uploads the required documents and in a matter of fast time, the loan has been received by the
customer (Priliasari, 2019). If the speed of this online loan is compared to conventional
banks, significant differences are found. In conventional banks, it takes 7-14 working days,
while online loans only take 4 hours to 3 days (Hadad, 2017).
The increase in loan distribution indicates that the public has trusted online loan service
providers (Ross & Squires, 2011). Based on the age classification in the OJK report, it is
known that the majority of online loan users are customers aged 19-34 years. The rise of
Injuruty : Interdiciplinary Journal and Humanity
Volume 2, Number 2, February 2023
e-ISSN: 2963-4113 and p-ISSN: 2963-3397
LEGAL GUARANTEE OF CONFIDENTIALITY OF CUSTOMER DATA IN ONLINE LOAN BUSINESS
SERVICES
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online loans has given rise to new online loan companies in Indonesia, so to monitor the
growth of this online loan service, the OJK issued OJK Regulation (POJK) No.
77/POJK.01/2016 concerning Information Technology-Based Lending and Borrowing
Services which requires online loan service companies to register their companies with OJK.
In addition, the regulation also requires online loan service companies to prioritize
information disclosure to prospective borrowers so that they can assess the borrower's risk
level and determine the interest rate.
One of the impacts of the presence of this online loan is the misuse of customer data and
information (Karuniahaj, 2019). Customers do not realize that online companies also record
various personal data contained in their smartphones when they are used to registering. In
addition, customers sometimes unknowingly agree to a contract in which can use the contents
of their data, so be aware is needed in signing fintech contracts.
Until now, there is no special protection regarding personal data. This is a crime
loophole, which makes certain individuals dare to misuse public data, which is even more
fatal, these data can be traded (Gurning, 2022). If there is a case of someone who is a victim
of misuse of personal data, it will be very difficult to solve the case because there is no
agency or law enforcement can process it (Arifin et al., 2017). Personal data and consumer
behavior are part of big data whose economic value can be high. So, it is very tempting to
misuse it. For this reason, there is a need for a synergy of cooperation between the Ministry
of Communication and Information (Kominfo), OJK, and the police in supervising online
loan services.
Although the Minister of Communication and Information (Menkominfo) has recently
issued a Ministerial Regulation (Permen) Number 20 of 2016 concerning Personal Data
Protection, the Ministerial Regulation is only an implementing regulation, and has nothing to
do with Government Regulations and Laws..
METHOD RESEARCH
The method used in writing this applied paper is the descriptive analytical method,
namely by using data that clearly describes the problems directly in the field, then analyzing
and concluding to reach a problem solution. The method of collecting data is through
observation and literature study to obtain problem-solving in the preparation of this paper.
A normative juridical approach, which means that in this study the main materials
studied are primary legal materials, secondary legal materials, and tertiary legal materials.[4]
The data that has been obtained, then processed, and then analyzed qualitatively is done by
describing the data generated in the form of a descriptive sentence or explanation. From the
data analysis, it is continued by drawing conclusions inductively, a way of thinking based on
general facts, then proceeding with specific conclusions which are the answers to the
problems based on the results of the research, and then suggestions are given.
RESULT AND DISCUSSION
A. Definition of Financial Technology
Fintech comes from the term financial technology or financial technology. The
National Digital Research Center (NDRC) in Dublin, Ireland, defines fintech as "innovation
financial services" or "innovation in fintech financial services", which is an innovation in the
financial sector that gets a touch of modern technology. Financial transactions through
fintech include payments, investments, lending money, transfers, financial plans, and
comparisons of financial products (Gulamhuseinwala et al., 2015). Currently, there are 142
identified companies engaged in fintech (Ngani, 2012).
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B. Fintech Development
Fintech emerged in line with changes in people's lifestyles which are currently
dominated by users of information technology, the demands of a fast-paced life. With
Fintech, problems in buying and selling transactions and payments such as not having time to
look for goods to shopping places, to banks/ATMs to transfer funds, reluctance to visit a
place because of unpleasant services can be minimized. In other words, Fintech helps buying
and selling transactions and payment systems to be more efficient and economical but still
effective (Santi et al., 2017).
Globally, fintech shows rapidly growing in various sectors, ranging from payment
startups, lending, financial planning (personal finance), retail investment, crowdfunding,
remittances, financial research, and others. Indonesian Fintech players are still dominant in
the payment business (43%), loans (17%), and the rest are in the form of aggregators,
crowdfunding and others (Hadad, 2017).
C. Legal Protection of Customer Personal Data According to the Regulation of the
Financial Services Authority of the Republic of Indonesia Number 13 /Pojk.02/2018
concerning Digital Financial Innovation in the Financial Services Sector
The definition of Personal Data can be found in the Government Regulation of the
Republic of Indonesia Number 82 of 2012 concerning the Implementation of Electronic
Systems and Transactions. Personal data is certain personal data that is stored, maintained,
and kept true and protected by confidentiality (Situmeang, 2021). Article 1 number 22 of the
Law of the Republic of Indonesia Number 23 of 2006 concerning Population Administration,
also defines such personal data.
D. Consumer Data Protection according to Financial Services Authority Regulation
Number 77 /Pojk.01/2016 concerning Information Technology-Based Lending and
Borrowing Services, Following are the articles that regulate the Confidentiality of
Consumer Data:
Article 26
The organizer must:
1. Maintain the confidentiality, integrity, and availability of personal data, transaction
data, and financial data that it manages from the time the data is obtained until the
data is destroyed.
2. Ensure the availability of authentication, verification, and validation processes that
support denial in accessing, processing, and executing personal data, transaction
data, and financial data it manages.
3. Guarantee that the acquisition, use, utilization, and disclosure of personal data,
transaction data, and financial data obtained by the Operator is based on the
approval of the owner of personal data, transaction data, and financial data, unless
otherwise stipulated by the provisions of laws and regulations.
4. Provide other communication media other than the Electronic System of Information
Technology-Based Lending and Borrowing Services to ensure continuity of
customer service which can be in the form of electronic mail, call centers, or other
communication media.
5. Notify in writing the owner of the personal data, transaction data, and financial data
in the event of a failure to protect the confidentiality of personal data, transaction
data, and financial data managed by him.
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Article 26
Regulates the obligations of information technology-based lending and borrowing
service providers, which is one type of Fintech Business that is developing in Indonesia. The
obligations can be seen in letters a, b, c, d, and e above.
Article 29
The Operator is required to apply the basic principles of User protection, namely: a.
transparency; b. fair treatment; c. reliability; d. data confidentiality and security; and e. User
dispute resolution is simple, fast, and affordable.
Article 29
Stipulates that information technology-based savings and loan service providers are
required to apply the basic principles of User protection, namely: transparency, fair treatment,
reliability, confidentiality and data security, and User dispute resolution in a simple, fast, and
affordable way.
Article 39
1. The Operator is prohibited in any way from providing data and/or information
regarding Users to third parties.
2. The prohibition as referred to in paragraph (1) is exempted in the event that: a. User
gives consent electronically; and/or b. required by the provisions of the legislation.
3. Cancellation or partial amendment of approval for the disclosure of data and/or
information as referred to in paragraph (2) letter a shall be made electronically by the
User in the form of Electronic Document.
Article 39
Stipulates that the Operator is prohibited in any way from providing data and/or
information regarding Users to third parties. except in the case of The user gives consent
electronically; and/or, required by the provisions of laws and regulations. Cancellation or
partial change of consent for the disclosure of data and/or information is done electronically
by the User in the form of an Electronic Document (Azis & Rahmawati, 2021).
Article 47
1. For violations of obligations and prohibitions in this OJK regulation, OJK has the
authority to impose administrative sanctions on the Operator in the form of: a. written
warning; b. fines, namely the obligation to pay a certain amount of money; c.
limitation of business activities; and D. license revocation.
2. The administrative sanctions as referred to in paragraph (1) letters b to d, may be
imposed with or without being preceded by the imposition of administrative sanctions
in the form of a written warning as referred to in paragraph (1) letter a.
3. Administrative sanctions in the form of fines as referred to in paragraph (1) letter b
may be imposed separately or jointly with the imposition of administrative sanctions
as referred to in paragraph (1) letter c and letter.
Article 47
1. For violations of obligations and prohibitions in this OJK regulation, OJK has the
authority to impose administrative sanctions on the Operator in the form of: a. written
warning; b. fines, namely the obligation to pay a certain amount of money; c.
limitation of business activities; and D. license revocation.
2. The administrative sanctions as referred to in paragraph (1) letters b to d, may be
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imposed with or without being preceded by the imposition of administrative sanctions
in the form of a written warning as referred to in paragraph (1) letter a.
3. Administrative sanctions in the form of fines as referred to in paragraph (1) letter b
may be imposed separately or jointly with the imposition of administrative sanctions
as referred to in paragraph (1) letter c and letter.
Article 47 stipulates that in violation of the obligations and prohibitions in this OJK
regulation, OJK has the authority to impose administrative sanctions on the Operator in
the form of written warnings, fines, namely the obligation to pay a certain amount of
money, restrictions on business activities, and revocation of licenses. Administrative
sanctions can be imposed with or without being preceded by the imposition of
administrative sanctions in the form of a written warning. Administrative sanctions in the
form of fines can be imposed separately or together with the imposition of administrative
sanctions.
E. Financial Services Authority Circular Letter Number 14/SEOJK.07/2014 Regarding
Confidentiality And Security Of Consumer Data And/or Personal Information
Provisions regarding the implementation of the principles of Confidentiality and
Security of Consumer Data and/or Personal Information as regulated in Article 2 letter d,
Article 31 and Article 49 in the Circular Letter of the Financial Services Authority as follows:
In this Financial Services Authority Circular Letter, Consumer Personal data and/or
information is data and/or information, which includes the following:
1. Individual: Name, address, date of birth and/or age, telephone number, and/or Name
of the biological mother.
2. Corporation: Name, address, telephone number, the composition of directors and
commissioners including identity documents in the form of Identity
Card/passport/residence permit; and/or composition of shareholders.
Financial Services Business Actors, hereinafter abbreviated as PUJK, are Commercial
Banks, Rural Banks, Securities Companies, Investment Advisors, Custodian Banks, Pension
Funds, Insurance Companies, Reinsurance Companies, Financing Institutions, Pawn
Companies, and Guarantee Companies, both of which carry out activities conventional and
sharia business (Abdurrahman Konoras, 2021).
Consumers are parties who place their funds and/or take advantage of the services
available at PUJK, including customers in banking, investors in the capital market,
policyholders in insurance, and participants in pension funds, based on the laws and
regulations in the financial services sector.
Protection of Consumer Personal Data and/or Information, Financial Service Business
Actors are prohibited in any way from providing personal data and/or information regarding
their Consumers to third parties (Benuf et al., 2019). Except in the event that the Consumer
gives written consent and/or is required by laws and regulations.
If the Consumer gives written approval, the Financial Services Provider may provide
Consumer Personal Data and/or Information with the obligation to ensure that the third party
does not provide and/or use the Consumer's Personal Data and/or Information for purposes
other than those agreed between the PUJK and the third party.
The procedure for written approval from the Consumer can be stated in the form of,
among others, the choice of agreeing or disagreeing or giving a sign of approval. in
documents and/or product and/or service agreements (Satory, 2015).
If a PUJK obtains personal data and/or information of a person and/or group of people
from another party and the PUJK will use such data and/or information to carry out its
activities, the PUJK is required to have a written statement that the other party has obtained
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written approval from a person and/or a group of people to provide the said personal data
and/or information to any party including PUJK.
The FSB is required to establish written policies and procedures regarding the use of
Consumer Personal Data and/or Information which at least contains:
1. Explain in writing and/or verbally to Consumers regarding the purpose and
consequences of granting written consent as well as providing and/or disseminating
Consumer Personal Data and/or Information as referred to in number 2 letter a
(Amalia, n.d.).
2. Request for written approval from Consumers in the event that the FSB will provide
and/or disseminate Consumer Personal Data and/or Information to third parties for
any purpose, unless otherwise stipulated in the applicable laws and regulations.
CONCLUSION
Based on the description in the discussion above, the form of traffic accidents can be
resolved through restorative justice according to Article 236 (2) of Law No. 22 of 2009
which is only minor traffic accidents, according to Article 63 of the National Police Chief
Regulation No. 15 of 2009 2013 is a minor traffic accident, and based on the SE Chief of the
National Police No. 8 of 2018 is a crime that does not result in human casualties. In general,
the considerations of Unitlaka investigators in resolving traffic accidents and road
transportation outside the court carried out by Unitlaka only refer to the habits carried out in
Unitlaka and the basis for settlement outside the court is a letter of peace agreement by both
parties involved in traffic accidents.
REFERENCES
Abdurrahman Konoras, S. H. (2021). Jaminan Produk Halal Di Indonesia Perspektif Hukum
Perlindungan Konsumen-Rajawali Pers. Pt. Rajagrafindo Persada.
Amalia, S. N. (N.D.). Analisis Perlindungan Data Pribadi Nasabah Pada Bank Syariah
Mandiri Terhadap Regulasi. Jakarta: Fakultas Syariah Dan Hukum Uin Syarif
Hidayatullah.
Arifin, Z., Wahyuningsih, S. E., & Kusriyah, S. (2017). Proses Penegakan Hukum Terhadap
Pelaku Tindak Pidana Penipuan Dan Atau Penggelapan Berkedok Biro Jasa Ibadah
Umroh Dengan Biaya Murah (Studi Kasus Pada Penyidik Sat Reskrim Polrestabes
Semarang). Jurnal Hukum Khaira Ummah, 12(4), 777–784.
Azis, M. F., & Rahmawati, N. D. (2021). Tinjauan Hukum Terhadap Perjanjian Pinjaman
Online Dan Penggunaan Data Konsumen Aplikasi “Kredit Pintar.” Fortiori Law
Journal, 1(01), 111–148.
Benuf, K., Mahmudah, S., & Priyono, E. A. (2019). Perlindungan Hukum Terhadap
Keamanan Data Konsumen Financial Technology Di Indonesia. Refleksi Hukum:
Jurnal Ilmu Hukum, 3(2), 145–160.
Gulamhuseinwala, I., Bull, T., & Lewis, S. (2015). Fintech Is Gaining Traction And Young,
High-Income Users Are The Early Adopters. Journal Of Financial Perspectives, 3(3).
Gurning, E. A. (2022). Kebijakan Hukum Pidana Terhadap Penyalahgunaan Data Pribadi
Pada Pinjaman Online. Universitas Medan Area.
Hadad, M. D. (2017). Financial Technology (Fintech) Di Indonesia. Kuliah Umum Tentang
Fintech, Indonesia Banking School, 1–17.
Karuniahaj, S. E. (2019). Asas Privity Of Contract Dalam Layanan Pinjam Meminjam Uang
Berbasis Teknologi Informasi (Studi Kasus Pada Penyelenggara Danarupiah).
Universitas Airlangga.
Ngani, N. (2012). Metodologi Penelitian Dan Penulisan Hukum.
LEGAL GUARANTEE OF CONFIDENTIALITY OF CUSTOMER DATA IN ONLINE LOAN BUSINESS
SERVICES
https://injurity.pusatpublikasi.id/index.php/inj
84
Priliasari, E. (2019). Pentingnya Perlindungan Data Pribadi Dalam Transaksi Pinjaman
Online. Majalah Hukum Nasional, 49(2), 1–27.
Ross, L. M., & Squires, G. D. (2011). The Personal Costs Of Subprime Lending And The
Foreclosure Crisis: A Matter Of Trust, Insecurity, And Institutional Deception. Social
Science Quarterly, 92(1), 140–163.
Santi, E., Budiharto, B., & Saptono, H. (2017). Pengawasan Otoritas Jasa Keuangan
Terhadap Financial Technology (Peraturan Otoritas Jasa Keuangan Nomor 77/Pojk.
01/2016). Diponegoro Law Journal, 6(3), 1–20.
Satory, A. (2015). Perjanjian Baku Dan Perlindungan Konsumen Dalam Transaksi Bisnis
Sektor Jasa Keuangan: Penerapan Dan Implementasinya Di Indonesia. Padjadjaran
Jurnal Ilmu Hukum (Journal Of Law), 2(2).
Situmeang, S. M. T. (2021). Penyalahgunaan Data Pribadi Sebagai Bentuk Kejahatan
Sempurna Dalam Perspektif Hukum Siber. Sasi, 27(1), 38–52.
Copyright holders:
Ahmad Sahroni, Faisal Santiago, Ahmad Redi
(2023)
First publication right:
Injurity - Interdiciplinary Journal and Humanity
This article is licensed under a Creative Commons Attribution-ShareAlike 4.0
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