Perlindungan Hukum Konsumen dalam Layanan Pinjaman Daring: Analisis Klausula Baku dan Pertanggungjawaban Penyelenggara Ilegal

The development of online lending services has improved public access to financing but has also raised legal concerns regarding the use of standard clauses in electronic agreements and the existence of illegal lending providers. Within these contractual relationships, consumers may have limited opportunities to negotiate contractual terms, while transactions involving illegal providers may increase the risk of loss and complicate legal recovery. This study aims to analyze consumer legal protection against standard clauses in electronic online lending agreements, as well as the legal grounds for holding illegal lending providers liable and the available remedies for affected consumers. This research employs a normative juridical method using statutory and conceptual approaches. Legal materials are analyzed qualitatively through the interpretation and systematization of relevant legal provisions. The analysis indicates that a consumer’s consent to an electronic agreement does not, by itself, validate clauses that violate consumer protection law. The enforceability of standard clauses must be assessed based on their substance and compliance with applicable legislation, particularly the provisions governing standard clauses under Law Number 8 of 1999 on Consumer Protection. Meanwhile, the liability of illegal online lending providers must be determined by reference to their conduct, the resulting harm, and the applicable legal grounds. Effective consumer protection therefore requires proper law enforcement, supervision within the authority of relevant institutions, and access to complaint and legal recovery mechanisms. This study highlights the importance of integrating the regulation of standard clauses with the enforcement of legal liability to strengthen consumer protection in online lending services.

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Publication Details

Journal
CENDEKIA Jurnal Penelitian dan Pengkajian Ilmiah
Published
2026-10-26
DOI
https://doi.org/10.62335/cendekia.v3i10.3125
Primary Topic
Indonesian Legal and Regulatory Studies
Type
article
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article

Perlindungan Hukum Konsumen dalam Layanan Pinjaman Daring: Analisis Klausula Baku dan Pertanggungjawaban Penyelenggara Ilegal

Nirwan Junus, Dindin Syarief Nurwahyudin, Amelia Dolongseda, Rasya Abdillah Taha et al.
CENDEKIA Jurnal Penelitian dan Pengkajian Ilmiah
Indonesian Legal and Regulatory Studies
article

Perlindungan Hukum Konsumen dalam Layanan Pinjaman Daring: Analisis Klausula Baku dan Pertanggungjawaban Penyelenggara Ilegal

Nirwan Junus, Dindin Syarief Nurwahyudin, Amelia Dolongseda, Rasya Abdillah Taha, Verensyia Sofyan Adam Duda, Ariel A. Sana'u, Amelia Cahyani Putri Paputungan
article en

Abstract

The development of online lending services has improved public access to financing but has also raised legal concerns regarding the use of standard clauses in electronic agreements and the existence of illegal lending providers. Within these contractual relationships, consumers may have limited opportunities to negotiate contractual terms, while transactions involving illegal providers may increase the risk of loss and complicate legal recovery. This study aims to analyze consumer legal protection against standard clauses in electronic online lending agreements, as well as the legal grounds for holding illegal lending providers liable and the available remedies for affected consumers. This research employs a normative juridical method using statutory and conceptual approaches. Legal materials are analyzed qualitatively through the interpretation and systematization of relevant legal provisions. The analysis indicates that a consumer’s consent to an electronic agreement does not, by itself, validate clauses that violate consumer protection law. The enforceability of standard clauses must be assessed based on their substance and compliance with applicable legislation, particularly the provisions governing standard clauses under Law Number 8 of 1999 on Consumer Protection. Meanwhile, the liability of illegal online lending providers must be determined by reference to their conduct, the resulting harm, and the applicable legal grounds. Effective consumer protection therefore requires proper law enforcement, supervision within the authority of relevant institutions, and access to complaint and legal recovery mechanisms. This study highlights the importance of integrating the regulation of standard clauses with the enforcement of legal liability to strengthen consumer protection in online lending services.

CENDEKIA Jurnal Penelitian dan Pengkajian IlmiahVol. 3(10)
State University of Gorontalo (ID)
Openalex Percentile: Top 4%
Indonesian Legal and Regulatory Studies
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