Legal Literacy - This article explains the legal basis for the payment of illegal online loans according to positive law in Indonesia.
The Rise of Online Loans
It is not surprising that applications online loans are now becoming increasingly prevalent in society, due to the easy and fast requirements to be able to get a lot of money instantly. Because in practice, to disburse a number of funds, consumers only need to upload their ID card and then the promised money will be immediately disbursed.
Online Loans are becoming prevalent due to the increasing need of the community to meet daily life, food ingredients that are increasing but people's income that does not increase is also a factor in why people register for online loans. However, the public has a lack of understanding regarding online loans that are spread on various social media platforms, because not all online loan applications have permission under the auspices of the Financial Services Authority (OJK).
Illegal Online Loans
In principle, Online Loans can be said to be Illegal because they are not licensed and not registered with the Financial Services Authority (OJK) in accordance with the Financial Services Authority Regulation (POJK) Number 77/POJK.01/2016 concerning Information Technology-Based Money Lending Services.
In addition, the implementation of Online Loans must be under the auspices of the OJK by following all the requirements. Because if this is violated, the Online Loan organizer will get sanctions administrative in the form of fines, restrictions on business activities, and revocation of permits, may be imposed with or without prior imposition of administrative sanctions in the form of written warnings. Meanwhile, administrative sanctions in the form of fines can be imposed separately or together with restrictions on business activities and revocation of permits.
Entangled in Illegal Online Loans, No Need to Pay Debts?
In Principle in Online Loans between the debtor and the creditor is associated with an engagement where both parties agree to make an agreement in which the agreement has a certain period of time according to the agreement of both parties. In accordance with the legal requirements of the agreement in Article 1320 of the Civil Code, it consists of agreement, capacity, a certain thing and a lawful cause.
Analysis of the Valid Requirements for Online Loan Agreements
In the Law of Engagement, every agreement must meet 4 conditions in order to be said that the agreement is legally valid, if only one condition is not met, the agreement can be null and void.
In the case of being trapped in Online Loans Illegal, it is already known that illegal online loans do not have permission and are not registered with the OJK so they do not have protection under the law and their certainty is still questionable. However, if users have already registered and received a sum of money from illegal online loan providers, don't worry because users don't need to pay it back.
No Need to Pay Online Loans
There is no need to pay illegal online loan debts, meaning that the agreement between the two parties can be canceled on the grounds that it is null and void because it does not fulfill the element of a lawful cause in the legal requirements of the agreement.
Because the agreement between the debtor and the creditor with the aim of the agreement is a debt agreement that is violated in the law so that the user is obliged to return all funds that have been given to the organizer online loans illegally outside of the interest rates that have been determined.
*This article represents the opinion the author's personal opinion and does not represent the views of the Literasi Hukum Indonesia editorial team.
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