Entangled in Illegal Online Loans, No Need to Pay Debts?

In principle, in Online loan between the debtor and the creditor is linked to the existence of an agreement where both parties agree to make an agreement which in 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.

In contract law, every agreement must meet 4 requirements in order to be said that the agreement is legally valid, if only one requirement is not met, the agreement can be null and void.

In the case of being caught in an online loan It is known that illegal online loans do not have a permit and are not registered with the OJK so they do not have legal protection and their certainty is still questionable. However, if users have already registered and received a sum of money from the illegal online loan organizer, don't worry because users don't need to pay it.

No Need to Pay Online Loans

There is no need to pay illegal online loan debts in the sense that the agreement between the two parties can be canceled on the grounds that it is null and void because it does not meet 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 users are obliged to return all funds that have been given to the organizer online loan illegal outside of the interest rate that has been determined.

*This article is the personal opinion of the author and does not represent the views of the Literasi Hukum Indonesia editorial team.