ASAS PROPORSIONAL DALAM PERJANJIAN PINJAM MEMINJAM BERBASIS TEKNOLOGI FINANSIAL
Abstract
The development of financial technology (fintech) has made online lending and borrowing easier. However, this dynamic has also given rise to various legal issues, particularly related to imbalanced positions between debtors and creditors, intimidating debt collection, disproportionate interest rates, and misuse of personal data. This study aims to examine the application of the principle of proportionality in loan agreements through fintech platforms, particularly in providing fair legal protection for both parties. This research uses a normative juridical method with a statutory and conceptual approach. Data were analyzed qualitatively using deductive techniques. The results indicate that the principle of proportionality has not been fully upheld in fintech-based loan agreements. Inequality often occurs in terms of interest charges, collection mechanisms, and control over personal data. Therefore, strengthening regulations and oversight of fintech providers is necessary to ensure fairness and balanced legal protection for debtors and creditors.
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