Harassed by Online Loan Sharks? Here's How to Fight Back Legally!
Imagine this: your friend's family in Bekasi is being
harassed with calls and abusive language from an online loan (Pinjol) lender,
even though her father is just listed as an emergency contact, not the borrower
himself. This distressing situation, highlighted in a recent legal consultation
with a legal aid institution like LBH Mata Elang, is unfortunately common. If
you or someone you know is facing similar online loan harassment, it's crucial
to understand your rights and the steps you can take.
Understanding the Online Loan Landscape in Indonesia
It's important to know that in Indonesia, there are both
legal and illegal online lending applications.
Legal Online Lenders
These are officially registered and
supervised by the Financial Services Authority (OJK). They must follow strict
regulations, including ethical debt collection practices. OJK regulations
prohibit them from:
- Using abusive, intimidating, or harassing language.
- Disclosing personal data to unauthorized parties.
- Contacting emergency contacts for debt collection, unless the borrower cannot be reached and only to inquire about their whereabouts, not to collect debt from the contact.
Illegal Online Lenders
These are unregistered and operate
outside OJK supervision. They often use aggressive, unethical, and even
criminal collection methods, including widespread harassment and public
shaming. Some are even blacklisted by OJK for misuse and harassment.
Your Right to Complain and Immediate Steps
Regardless of whether the loan came from a legal or illegal
lender, the harassment and abusive language directed at family members not
involved in the loan are unacceptable and violate laws or OJK regulations.
Therefore, victims can and should file a complaint.
LBH Mata Elang recommends these immediate steps for the affected family:
Gather Comprehensive Evidence
- Record every phone call from the lender.
- Keep screenshots of all text messages, WhatsApp chats, or any other digital communication, especially those containing abusive language, threats, or false accusations.
- Maintain a detailed log of all harassment incidents, including dates, times, caller phone numbers, and the content of abusive language.
- Try to find out the exact name of the online lending application. This is crucial for reporting.
Inform the Borrower (Your Aunt)
Ensure the aunt is fully
aware of the harassment her family is experiencing and cooperates to resolve
the issue. She might also need to formally complain to the lender herself if
it's a legal one.
Report to Relevant Authorities
- OJK (Financial Services Authority). For harassment from legal online lenders, report to OJK via their consumer protection contact center 157 or email konsumen@ojk.go.id. Provide all collected evidence and the details of the harassment.
- Kominfo (Ministry of Communication and Informatics). For illegal online lenders, report to Kominfo via their public complaints portal. Kominfo can block access to illegal applications or websites.
- Police. In cases of severe harassment, threats, or defamation, file a police report. This is especially important if the harassment constitutes a criminal offense. Provide all gathered evidence to the police.
The Importance of Legal Assistance
Navigating these situations can be complex and stressful. A
legal aid institution like LBH Mata Elang can provide crucial support. They can
assist in:
- Reviewing all collected evidence and building strong legal arguments.
- Drafting formal communications, including complaints to OJK, Kominfo, and the police.
- Assisting with the preparation and filing of police reports.
- Providing legal advice on how to manage ongoing harassment.
Don't face online loan harassment alone. Seeking legal consultation and assistance from a qualified legal aid institution can help protect your rights and bring justice to those affected.
Consultation Response Regarding Harassment From Online Loan (Pinjol) Lender by Lembaga Bantuan Hukum (LBH) Mata Elang