KYR#6: People's Rights as the User of Online Loans in Indonesia



Issue

Pandemic provides a difficult time for almost everyone, especially in the economic field. Many people lose their jobs, which results in a decrease in people's income and spending ability. The development of information technology and the increasing use of mobile phones today provide another option for people to take loans to pay their debts or meet their daily needs through online loans (pinjaman online). They can apply for a loan without collateral and simple requirements in their homes instead of applying for loans to the bank.


On the other hand, online loans could give a huge amount of interest that could not match the people’s financial ability to pay, especially during these times of pandemic where most people don’t earn as much money as they do during better times. This could result in a problem, especially when the collection day arrives. In practice, sometimes the debt collector would often resort through inappropriate means to collect the debt, such as threats, spamming, publication of personal information, and others. The question would be, are online loans allowed to those kind of things?


Regulations and Analysis

Based on the Regulation of the Financial Services Authority No. 77/POJK.01/2016 regarding Information Technology-Based Borrowing-Lending Services in a contrario, Users have rights to:

  1. Get updated information on the information that is accurate, honest, clear, and not misleading (Art. 30 [1]);

  2. Get information on the receipt, deferral or rejection of the application (Art. 31 [1]);

  3. Get information from electrical documents with the use of Indonesian language or any other language when needed, which can be easily understood by the User (Art. 32);

  4. Get compensation for losses as the consequence of any mistakes or negligence from the directors and/or employees (Art. 37); and

  5. Protection of data and/or information about the User to a third party (Art. 39).


In addition to the above regulations, the right as a service user, in general, is also regulated in Article 4, Law No. 8 of 1999 concerning Consumer Protection stating that the User has the right:

  1. To obtain comfort, security, and safety in using or consuming the goods and/or service;

  2. To choose the goods and/or services and obtain goods and/or services in accordance with the promised conversion value and condition and warranty;

  3. To obtain correct, clear end honest information on the condition and warranty of the goods and/or services;

  4. To be heard in expressing opinion and complaints on the goods and/or services they use or consume;

  5. To obtain proper advocacy, protection and settlement in the consumer's protection dispute;

  6. To obtain consumer's training and education;

  7. To receive proper and honest, and nondiscriminatory treatment or service;

  8. To obtain compensation, redress and/or substitution if the goods and/or services received are not in accord with the agreement or not received as requested; and

  9. To obtain rights as regulated in the other provisions of the law.


From the explanation above, users of online loan services certainly have rights that must be obtained so that online loan parties cannot act arbitrarily. If users have difficulty paying debts on time, then online loan parties should not intimidate, threaten violence, or even spread personal data on social media that causes fear and shame. It violates users' rights, and the act also includes criminal acts stated in Law No. 11 of 2008 concerning Electronic Information and Transactions, especially in Articles 26, 29, 32, and 45B.


Then how do we report online loans that violate users' rights? For online loans that have been registered with the Financial Services Authority (OJK), you can fill out a complaint form supported by evidence documents through the OJK on www.kontak157.ojk.go.id, or to the Indonesian Joint Funding Fintech Association (AFPI) on www.afpi.or.id. And for illegal online loans, you can report them to police stations in your area or through www.patrolisiber.id.