Law Enforcement Against Parties Who Spread Personal Data of Consumers Using Financial Technology (Fintech) in Review of Article 26 of Law No. 19 of 2016 Concerning Amendments to Law No. 11 of 2008 Concerning Information and Electronic Transactions

DOI

10.2991/978-2-38476-356-6_16How to use a DOI?

Keywords

Debt collectors; Relationship of law; Commit violations

Abstract

According to the conditions of a valid agreement, the legal connection between organizers and debt collectors is one that is based on each party’s agreement, which gives rise to their individual duties and obligations. The online loan recipient and the Fintech P2P Lending organizer have a two-party agreement in the first instance. As such, the recipient must be aware of the notification from the P2P Lending organizer that a third party will be granted power of attorney in the event of an online loan default. With the online lender P2P Lending, a debt collector’s legal status is that of a third party in a cooperative relationship, each of which has its own set of responsibilities. According to the AFPI code of conduct, debt collectors are in charge of collecting loans from consumers who have fallen behind on their payments. This includes authority to employ third parties for fintech P2P lending implementation and collection. Online lenders may be prosecuted under If they release personal information in violation of the law, they may be subject to The ITE Law’s Article 48 and Article 32 juncto (jo). Law Number 11 of 2008 concerning Electronic Information and Transactions (ITE Law), as amended by Law Number 19 of 1916 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions (Law 19/2016), specifically Article 29 of the ITE jo Law, provides for prosecution of threats made through electronic media. Section 19/2016, Section 45B. Article 29 of the ITE Law, PDP Minister’s Regulation No. 20 of 2016, and Law Article 45B 19/2016 all include provisions about the use of electronic systems and transactions mandated by Article 13 Paragraph (3) of PP No.82/2012.

Copyright

© 2025 The Author(s)

Open Access

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TY  - CONF
AU  - Enni Merita
AU  - Kinaria Afriani
PY  - 2025
DA  - 2025/02/11
TI  - Law Enforcement Against Parties Who Spread Personal Data of Consumers Using Financial Technology (Fintech) in Review of Article 26 of Law No. 19 of 2016 Concerning Amendments to Law No. 11 of 2008 Concerning Information and Electronic Transactions
BT  - Proceedings of the 2nd International Conference Changing of Business Law (ICOCLB 2024)
PB  - Atlantis Press
SP  - 134
EP  - 143
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-356-6_16
DO  - 10.2991/978-2-38476-356-6_16
ID  - Merita2025
ER  -