Powered by OpenAIRE graph
Found an issue? Give us feedback
image/svg+xml art designer at PLoS, modified by Wikipedia users Nina, Beao, JakobVoss, and AnonMoos Open Access logo, converted into svg, designed by PLoS. This version with transparent background. http://commons.wikimedia.org/wiki/File:Open_Access_logo_PLoS_white.svg art designer at PLoS, modified by Wikipedia users Nina, Beao, JakobVoss, and AnonMoos http://www.plos.org/ Jurnal Pengabdian Ma...arrow_drop_down
image/svg+xml art designer at PLoS, modified by Wikipedia users Nina, Beao, JakobVoss, and AnonMoos Open Access logo, converted into svg, designed by PLoS. This version with transparent background. http://commons.wikimedia.org/wiki/File:Open_Access_logo_PLoS_white.svg art designer at PLoS, modified by Wikipedia users Nina, Beao, JakobVoss, and AnonMoos http://www.plos.org/
Jurnal Pengabdian Masyarakat dan Riset Pendidikan
Article . 2026 . Peer-reviewed
License: CC BY SA
Data sources: Crossref
addClaim

Kebebasan Berkontrak dalam Perjanjian Pinjaman Online dan Implikasinya

Penelitian
Authors: null Diana Ali Mahmudi; null Rita Alfiana;

Kebebasan Berkontrak dalam Perjanjian Pinjaman Online dan Implikasinya

Abstract

Online loan agreements are executed in the form of electronic contracts that are legally recognized under Articles 1320 and 1338 of the Indonesian Civil Code and Article 1 point 17 of Law No. 11 of 2008 on Electronic Information and Transactions. However, the principle of freedom of contract, which theoretically grants autonomy to the parties, is often not substantively realized because fintech agreements are generally presented as standard form contracts unilaterally drafted by the providers. This imbalance in bargaining power frequently results in unfair clauses prohibited under Article 18 of Law No. 8 of 1999 on Consumer Protection. Moreover, issues such as excessive interest rates, misuse of personal data, and unethical debt collection practices indicate violations of consumer protection and data security regulations as stipulated in the ITE Law, Law No. 27 of 2022 on Personal Data Protection, and Financial Services Authority Regulation (POJK) No. 77/POJK.01/2016. This study employs a normative legal research method using statutory, conceptual, and case approaches to analyze the relationship between the principle of freedom of contract and the civil liability of fintech providers. The findings indicate that fintech operators may be held civilly liable on the basis of breach of contract under Article 1243 of the Civil Code or tort liability under Article 1365 when consumer rights are violated.

Related Organizations
  • BIP!
    Impact byBIP!
    selected citations
    These citations are derived from selected sources.
    This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    0
    popularity
    This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
    Average
    influence
    This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    Average
    impulse
    This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
    Average
Powered by OpenAIRE graph
Found an issue? Give us feedback
selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
hybrid