KEPASTIAN HUKUM TERHADAP KREDITUR PINJAMAN ONLINE KETIKA AHLI WARIS DEBITUR MENOLAK PEWARISAN BERDASARKAN HUKUM POSITIF INDONESIA

This research aims to (1) examine the legal certainty for online loan creditors when the heirs refuse to inherit the debts left by a deceased debtor, and (2) explore the regulation of the liability of online loan debtors in the context of ius constituendum. This research is a normative legal study employing statutory, conceptual, and comparative approaches. The legal materials utilized consist of primary, secondary, and tertiary sources as the foundation for analysis. The findings of this research demonstrate that (1) there is no legal certainty for online loan creditors upon the death of the debtor. This is due to the ambiguity of norms in Article 1045 of the Indonesian Civil Code, resulting in the lack of legal certainty for creditors of online loans. Subsequently, (2) an additional clause in the agreement between the creditor and the online loan debtor is necessary, involving the heirs (if any) or third parties who are willing to assume responsibility for the remaining debts in the event of the debtor’s death. As a preventive measure, a system for determining credit limits based on the debtor’s monthly income similar to the approach adopted by the Monetary Authority of Singapore (MAS) can be implemented to ensure the debtor’s capacity to repay the debt.