Analisis Yuridis terhadap Korban Penyalahgunaan Data Pribadi oleh Pihak Pinjaman Online Menurut Hukum Positif di Indonesia (Studi Putusan Nomor 238/Pid.Sus/2022/Pn Jkt. Utr)

Abstract

Illegal online lending in Indonesia has raised serious concerns, especially regarding the misuse of personal data that causes material and immaterial harm to victims. This study examines the types of criminal acts often found in illegal online lending, the legal protection available to victims under Indonesian law, and the judicial considerations in Decision Number 238/Pid.Sus/2022/PN Jkt. Utr. The research uses a normative juridical method with a descriptive approach, applying statutory, case, and conceptual analyses. Data were obtained from primary, secondary, and tertiary legal materials through literature and document review, and analyzed qualitatively with deductive reasoning. The results indicate that criminal acts in illegal online lending usually involve predatory lending, fraud, threats, and misuse of personal data. Victim protection is formally provided under the Criminal Code, the Electronic Information and Transactions Law, the Personal Data Protection Law, and OJK Regulation No. 10/2022. However, enforcement remains weak, particularly against illegal operators outside OJK’s authority. In Decision Number 238/Pid.Sus/2022/PN Jkt. Utr, the court applied the Criminal Code and the ITE Law, but not the PDP Law, as it was not yet in force. This shows the need for future application of the PDP Law to strengthen victim protection and ensure the recovery of victims’ rights.