Reconstruction of Criminal Law Protection Policy for
Credit Consumers Based on Financial Technology
Eko Raharjo
1
, Emilia Susanti
2
{eko.raharjo3@gmail.com
1
, amild.wantara@gmail.com
2
}
Faculty of Law University of Lampung, Indonesia
12
Abstract. The development of fintech online loan business is currently growing rapidly
in Indonesia. The use of online-based loans has become a breakthrough in economic
development in Indonesia by providing easy loan services, but on the other hand fintech
costumers are vulnerable to become victims of cybercrime such as threats, intimidation,
fraud and misuse of personal data. The Efforts to protect costumers from organizing
online loans based on POJK No. 1 / POJK.07 / 2013, POJK No. 77 / POJK.01 / 2016,
and SEOJK Number 18 / SEOJK.02 / 2017. Therefore an ideal construction is needed in
the protection of criminal law for fintech customers. This type of research is normative
juridical and empirical juridical involving Lampung Financial Services Authority,
Lampung Regional Police, and Lampung DISKOMINFO. The results of this study in the
perspective of legal reform need to be made legal protection regulations provided to
fintech costumers which include preventive legal protection and repressive legal
protection based on the 2013 POJK and 2016 POJK as well as regulations related to the
implementation of online-based fintech loans because they cannot currently provide
protection maximum in the aspect of protection of criminal law so that it is necessary to
make a special legislation policy that regulates related to the protection and
implementation of fintech and the need for supervision that is carried out integrally by
related agencies such as the Authority, KOMINFO, Police against illegal fintech.
Keywords: Policy; Protection; Criminal Law; Fintech Consumers; Financial Technology
1 Introduction
Technological developments have an impact on the higher economic growth in a country. .
One form of economic progress as a result of technological developments is the development
of online-based financial business (financial technology). Digital economic developments led
to service innovations in various fields, one of them is the business of lending and borrowing
money based on financial technology (PM-Tekfin). Based on the NDRC (The National Digital
Research Center) Fintech is an innovation in the financial sector that gets a touch of
technology and brings a more practical and secure financial transaction process .
The fintech business presents payment system services which include lending and
borrowing services between parties in the community and public capital services. The fintech
payment business is regulated and supervised by Bank Indonesia (BI), while the fintech
lending and capital fintech business is overseen by the Financial Services Authority (OJK).
Bank Indonesia (BI) classifies fintech into 4 categories, namely: (1) Payment, settlement, and
clearing, is the fintech category that provides payment system services performed by banks
and BI. (2) Market aggregator, is fintech that presents financial data so that users can use it as
I-COFFEES 2019, August 05-06, Lampung, Indonesia
Copyright © 2021 EAI
DOI 10.4108/eai.5-8-2019.2308588