Perikatan dalam Layanan Pinjaman Online (Pinjol): Analisis Yuridis Wanprestasi dan Perlindungan Konsumen

The digitalization of lending through the peer-to-peer lending scheme do not alter the essence of an legal relationship between the parties, namely an obligation (perikatan). This article examines three issues: the validity of online loan agreements, the forms and legal consequence of default (wanprestasi), and the legal protection of consumers. The study is conducted using an normative juridical method, employing statutory or conceptual approaches, and draws on literature analyzed through prescriptive qualitative analysis. The findings show that the validity of an agreement continues to be assessed under Article 1320 of the Indonesian Civil Code “Kitab Undang-Undang Hukum Perdata”. An electronic form does not invalidate it, provided that consent, legal capacity, an specific object, or an lawful cause are satisfied. Besides the borrower, the lender and the platform operator may also breach the contract if they fail to perform their obligations. The consequences may include specific performance, compensation for damages, or termination of the agreement. Consumer protection is grounded in the Consumer Protection Law (UUPK), an Personal Data Protection Law (UU PDP), Financial Services Authority (OJK) Regulation Number. 22 of 2023, or OJK Regulation Number. 40 of 2024. Consumers remain obliged to repay valid debts; however, these provisions limit the exercise of the right to collect.