A Review of Islamic Criminal Law and the Electronic Information and Transactions Law on Online Loan Collection Crimes

Abstract

This study aims to analyze the perspectives of Islamic criminal law and the Law on Information and Electronic Transactions on online loan collection crimes. Online loan collection crimes have become an increasingly disturbing problem for society in recent years, especially with the rapid development of information technology and electronic transactions. In this context, the aspects of Islamic criminal law and the Law on Information and Electronic Transactions are very relevant to analyze in order to determine the extent of legal protection for individuals involved in online loan collection. In this study, the researcher uses a normative legal analysis method with a legislative and literature approach, as well as a comparative approach to compare the perspectives of Islamic criminal law and the Law on Information and Electronic Transactions on this crime. The results of the study indicate that in Islamic criminal law, the crime of online loan collection can be classified as a crime that harms individual human rights and the punishment that will be given is ta'zir and criminal sanctions of imprisonment for 1 (one) year and a fine of IDR 70,000,000.00 (seventy million rupiah) according to Article 45 paragraph (4) Jo Article 27 paragraph (4) of Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions. Therefore, it can be said that the act of online loan collection by spreading the identity of the borrower is a crime that can be subject to criminal sanctions.