Peran Otoritas Jasa Keuangan Dalam Penyelesaian Gagal Bayar Pinjaman Online

Abstract

This study aims to find out what is the role of the Financial Services Authority in legal protection for unsecured online loan holders who default and, how to regulate legal remedies in the settlement of disputes of unsecured online lenders who default. The type of research used is normative research based on primary legal materials and secondary legal materials, namely an inventory of regulations and writing materials related to the Role of the Financial Services Authority in legal protection for defaulting unsecured online lenders and regulating their legal remedies. The role of the Financial Services Authority (OJK) in legal protection for defaulting unsecured online lender that fail to pay is as a regulator / regulator and as a supervisor. As a regulator/ regulator, OJK plays a role in issuing several written regulations including; POJK NO 77/POJK.01/2016, POJK No 18/POJK.07/2018, POJK No 6/POJK.07/2022. As a supervisor, OJK plays a role in supervising implementation based on existing regulations. There are two legal protections provided by the OJK for sharpeners, namely first supervision in the form of preventive legal protection, namely through adequate education, openness and transparency of information, fair treatment of implementing asset protection, supervising consumer protection units and submitting a list of legal platforms through the OJK portal, the second supervision is in the form of repressive legal protection, namely after a default, namely the OJK plays a role in helping collection through third parties, namely mediators, restructuring and reporting complaints to the OJK related to defaults for efforts to resolve disputes. The regulation of legal remedies for dispute resolution of online lenders without collateral that defaults is regulated in POJK No.6/POJK.07/2018 which can be reached through financial service institutions, then can be reached through court institutions and outside the court, namely the Dispute Resolution Arbitration Institution (LAPS).