TINJAUAN YURIDIS PERLINDUNGAN HUKUM TERHADAP DEBITUR PADA PINJAM MEMINJAM ONLINE

On Instagram social media there are lots of accounts that offer quick and instant money loans, but in practice the rights and obligations of creditors and debtors are often unbalanced and not in accordance with the principles of the agreement and do not implement the principles of balance and freedom of contract. Based on this, the formulation of the research problem is First, what is the legal basis for the rights and obligations of the parties in an online-based loan agreement on Instagram. Second, what is the resolution when there is a default on an online- based loan agreement on Instagram. Normative juridical research methods and conceptual approaches. Sources of primary and secondary legal materials. The technique for collecting legal materials is literature study. Qualitative descriptive analysis. The results of the research and discussion show that the legal basis for online lending and borrowing agreements refers to the Civil Code of the Civil Code in Article 1754. Then resolving disputes if a default occurs will be difficult. Due to the flaws in the agreement, the illegal services on the loan.uang.amanah Instagram account which do not have permission from the OJK mean that debtors as consumers will find it difficult to take legal action with the weak legal position. In addition, an agreement that does not include rights and obligations can cause confusion or problems in implementing the agreement. The author's suggestion is that the Government, through the OJK, must aggressively address and limit the number of online lending and borrowing services and that the Government must take firm action against lending and borrowing service providers who claim to have OJK permission.