Analisis Yuridis Pelindungan Data Pribadi Nasabah dalam Operasional Financial Technology Peer to Peer Lending Berdasarkan Hukum Positif di Indonesia (Studi pada Kreditplus Cabang Kota Medan)

Abstract

The rapid development of information technology has encouraged the emergence of various innovations in the financial sector, one of which is peer-to-peer lending-based financial technology services. This service offers easy access to financing for people who were previously difficult to reach by conventional financial institutions. However, behind this convenience, there are major risks related to the security and protection of customer personal data. The purpose of this study is to know the regulation of peer-to-peer lending financial technology in Indonesia, the legal consequences if there is a leak of customer data in the operation of peer-to-peer lending financial technology at Kreditplus Medan City Branch, and the legal protection of personal data of Kreditplus Medan City Branch customers in the operation of peer-to-peer lending financial technology. The method used in writing this thesis is the normative legal method by referring to secondary data in the form of primary, secondary, and tertiary legal materials, with the method of collecting library research as the main data and with the field research method in the form of interview guidelines as additional data. The results of the study show that the regulations regarding financial technology peer to peer lending in Indonesia are scattered across various laws and regulations such as UUPK, UUPDP, UUP2SK, POJK No. 77/2016, POJK No. 22/2023, among others. The legal consequences if there is a leak of personal data of Kreditplus customers in the form of Kreditplus's responsibility to provide compensation based on unlawful acts contained in Article 1365 of the Civil Code, Article 12 paragraph (1) of the UUPDP, Article 26 paragraph (2) of the UUITE, Article 4 letter h of the UUPK, and Article 235 paragraph (2) letter i of the UUP2SK. Legal protection of personal data of Kreditplus customers in its operations consists of 2, namely preventive legal protection, which is reflected in policies related to data protection, privacy policies, applied security technology, and risk mitigation and incident management as well as repressive legal protection in the form of dispute resolution and sanctions.