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Tinjauan Yuridis, Kriminologis, Sosiologis Pencemaran Nama Baik Dari Kegiatan Penyaluran Pinjaman Online Illegal Melalui Pesan Singkat
The world of information technology has never stopped growing, one of its developments is the process of borrowing and lending transactions, such as the loan system in online loan applications. But not all online loan applications circulating in the community have permission from the OJK as the supervisory body for the financial services sector, many of these online loan applications are illegal or do not have permission from the OJK. This is known after many online loan borrowers complain that personal data from their loans has been disseminated by the online loan provider in an effort to collect the remaining loan debt. So based on this, it is necessary to examine what are the rules governing defamation of illegal online lending activities, then is there an element of criminal action in it and how the government can tackle illegal online lending activities. This type of research is a normative and analytical descriptive study, using secondary data from the literature and direct interviews with the OJK to be able to examine cases of illegal online loan activities, considering that the collection of the remaining loan debt is very detrimental to the borrower because it is done by disseminating it to all contacts. the borrower's cell phone. This collection effort is carried out because the borrower does not know when clicking the word agree on the online loan service application, it turns out that this illegal online loan administrator allows access to all contacts on his cell phone. Because if it is not approved, the online loan application cannot be accessed so the borrower cannot apply for a loan to the online loan application. Because the borrower's ignorance factor in agreeing to access contacts on his cell phone, it causes defamation due to the dissemination of the borrower's personal data by the lender, then based on Pasal 27 ayat (3) Undang – Undang Nomor 11 Tahun 2008 Tentang Informasi dan Transaksi Elektronik juncto Pasal 45 ayat (3) Undang - Undang Nomor 19 Tahun 2016 Tentang perubahan atas Undang-Undang Nomor 11 Tahun 2008 Tentang Informasi dan Transaksi Elektronik that the punishment for data dissemination perpetrators is a maximum imprisonment of 4 years or a maximum fine of Rp. 750,000,000,- (seven hundred and fifty million rupiah). So to overcome the effectiveness of this illegal online loan activity, of course, special attention from the government is needed so that the losses received by borrowers are no longer in the future.
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