Utang Tanpa Permohonan: Rekonstruksi Persetujuan, Beban Pembuktian, dan Tanggung Jawab Perdata dalam Pinjaman Digital di Indonesia

Abstract

The expansion of digital lending in Indonesia has raised civil law concerns when loan disbursements are recorded as valid transactions despite consumers denying that they requested or authorised them. This study examines how contractual consent, burdens of proof, and civil liability should be reconstructed in cases of unsolicited digital lending. Employing doctrinal legal research, it applies statutory, conceptual, and comparative approaches to Indonesian regulations, European Union consumer credit law, scholarly literature, and official secondary data from financial regulatory institutions. The materials are examined through systematic legal interpretation and doctrinal synthesis. The findings demonstrate that electronic documents, account authentication, and evidence of disbursement are insufficient on their own to establish consumer consent. Contract formation requires verifiable connections between the loan application, acceptance of material contractual terms, and attribution of electronic actions to the purported borrower. Parties asserting contractual claims must establish the underlying agreement, taking into account unequal access to electronic evidence. The analysis further distinguishes three legal consequences: the absence of enforceable contractual obligations where consent cannot be established, potential restitution based on the receipt and control of funds without a valid legal basis, and liability for damages where a proven breach or fault causes loss. The study contributes an integrated civil law framework connecting proof of consent, the separation of legal obligations, and risk attribution to support proportionate dispute resolution in digital lending.