LBH Jakarta Plans to Sue the President for Online Loan Practices

Weak regulations regarding lending practices online (pinjol) that applies in Indonesia plus the lack of knowledge of digital financial literacy in the community has caused many victims to fall as a result of this practice.

Seeing this alarming situation, the Jakarta Legal Aid Institute (LBH) encourages the central government and the House of Representatives (DPR) to make regulations that can accommodate the needs of legal protection and human rights for online loan consumers.

LBH Jakarta public attorney Jeanny Sirait.  (Photo: Personal Documentation)

LBH Jakarta public attorney Jeanny Sirait. (Photo: Personal Documentation)

Public lawyer Jeanny Sirait, representing LBH Jakarta, said that the government’s measures to only deal with the issue of loans from unregistered companies did not address the community’s problems. Because, out of about seven thousand reports from the public who entered LBH Jakarta related to online loan cases, they also came from registered companies.

“We conduct research and hearings with relevant state institutions every three years, but there is no breakthrough for the community,” Jeanny explained to FLY, on Sunday (24/10/2021) evening.

Currently, online lending practices are regulated in the Financial Services Authority (OJK) Regulation Number 77 of 2016 concerning Information Technology-Based Borrowing-Lending Services. Many parties consider that the regulation is not sufficient to deal with problems arising from the practice of borrowing, especially regarding the protection of consumers.

Jeanny said that her agency together with the victims of lenders would take legal action, namely by filing a citizen lawsuit or Citizen Law Suit. This is done because the government and other state institutions have not responded to their requests for regulations that can accommodate consumer protection.

The lawsuit is planned to be addressed to the President, Vice President, the Ministry of Communication and Information, the Financial Services Authority, and the DPR. He added that the lawsuit will be filed within the next two weeks to the Central Jakarta District Court.

LBH Jakarta has so far managed to collect a number of loan problems online in recent years. The problems recorded include the issue of high administrative costs or reaching 30 percent of the loan value, high and unlimited interest rates that reach 4 percent per day, and collections carried out by various criminal acts.

Examples of criminal acts in question are threats, fraud, dissemination of personal data and even sexual harassment.

In mid-October, President Joko Widodo ordered OJK and the Ministry of Communication and Information (Kominfo) to impose a moratorium on the issuance of loan permits. online new. This was implemented in view of the increasing number of victims, especially those from the lower middle economic group, who were trapped in online loan debt.

Kominfo data shows that it has closed 4,874 loan accounts online illegally circulating on the internet from 2018 to 15 October 2021.

Meanwhile, Jeanny said that currently there is no process for solving problems and imposing appropriate sanctions if consumers complain about problems they face related to loans. online to the relevant state board.

In fact, according to the records of LBH Jakarta, these problems have an additional impact on loan victims online. Among them are the victims who experienced termination of employment (PHK), divorced because the billing was made to the in-laws’ family, trauma and suicide because they were unable to withstand the psychological burden.

Government Takes Action on Unlicensed Online Loans

The Coordinating Minister for Political, Legal and Security Affairs, Mahfud MD, said the government would take firm action against criminals related to unlicensed online loans.

Modalku online loan employees work at the office, in Jakarta, January 29, 2018. (Photo: Beawiharta/Reuters)

Modalku online loan employees work at the office, in Jakarta, January 29, 2018. (Photo: Beawiharta/Reuters)

According to him, the government wants to save people from extortion and threats by perpetrators. Mahfud said the perpetrators could also be criminally charged with a number of articles of the Electronic Information and Transactions Law (ITE) for distributing photos of victims.

“It is possible that the ITE Law contains Article 27, Article 29, and Article 32. Article 27 for example is the distribution of indecent or pornographic photos that are spread to threaten people to be embarrassed,” Mahfud explained to reporters in Jakarta, Friday (22/10). /2021).

Mahfud encouraged victims to dare to report to the police and the Witness and Victim Protection Agency (LPSK) for protection.

Head of the National Police’s Criminal Investigation Agency (Kabareskrim) Komjen Pol Agus Andrianto added that the police had uncovered 13 cases with 57 suspects related to cases of unlicensed online loans since mid-October. The case was handled by the Bareskrim Polri and a number of Polda namely Polda Metro Jaya, Polda West Java, Polda West Kalimantan, and Polda Central Java.

“We are analyzing (the development of this loan case). We will distribute the results to all regions so that we can act on these illegal online loan business actors,” Agus explained in Jakarta, Friday (22/10/2021).

Agus explained that the National Police Headquarters had sent a telegram to all Regional Police in order to respond quickly to complaints from people who were physically and psychologically disturbed regarding online loan cases. [sm/rs]

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