scholarly journals Legal Protection of Parties in Online Credit Agreement (Peer to Peer Lending) A Case Study of PT Vcard Technology Indonesia

2019 ◽  
Vol 06 (03) ◽  
pp. 511-532
Author(s):  
I Made Darma ◽  
Putu Jadnya
Keyword(s):  
Information Technology ◽  
Financial Services ◽  
Government Regulation ◽  
Personal Data ◽  
Legal Protection ◽  
Peer To Peer ◽  
Legal Certainty ◽  
Peer Lending ◽  
The Government ◽  
Credit Agreement

The development of digital economy has led people to adapt to the use of services in information-technology-based loan or peer-to-peer lending. In early 2019, the V-loan case attracted attention of many people. The case has made debtors depressed, removed from their own houses, etc. Some debtors even were fired from works. In a case, the loan provider misused debtors’ personal data in debtors’ cell phones. The loan provider created WhatsApp groups containing all debtors’ contacts, including the debtors. Then, they uploaded pornographic content. Their objective was to defame debtors. Parties involved in loan agreement should adhere rules and arrange for reasonable loan. To discuss this matter, it is necessary to review agreement based on the Law on Electronic Information and Transaction and the Regulation of Financial Services Authority number 77 of 2016. The study focused on legal protection of parties involving in P2P lending activities. The credit agreement of peer-to-peer lending is considered valid if it is based on Article 47 of the Government Regulation number 82 of 2016. Standard contract must be based on Article 20 of the Regulation of Financial Services Authority number 77 of 2016. Electronic signature is also required based on Article 41 of the Regulation. In addition, the application of information technology and electronic transactions must be carried out based on the principles of legal certainty, benefits, good faith, and the freedom of choice of technology based on Article 3 of Law Number 19 of 2016. Principles and objectives are fundamental elements of legal certainty. Therefore, organizer and the government must protect user of peer-to-peer lending.

Perlindungan Hukum Pengguna Layanan Teknologi Finansial (Financial Technology) Pinjam Meminjam Uang Berbasis Teknologi Informasi (Peer To Peer Lending)

2020 ◽  
Vol 20 (1) ◽  
pp. 63-82
Author(s):  
Nurasiah Harahap
Keyword(s):  
Information Technology ◽  
Financial Services ◽  
Legal Protection ◽  
Field Research ◽  
Secondary Data ◽  
Peer To Peer ◽  
Library Research ◽  
Technology Service ◽  
Peer Lending ◽  
Financial Technology

Financial Technology is the implementation and utilization of technology to improve banking and financial services which are generally carried out by startup companies by utilizing the latest software, internet, communication and computing technologies.The research conducted was juridical empirical and normative juridical research, namely field research with interviews as a basis for problem solving and analyzing statutory regulations. The data used are primary and secondary data, then the data collection methods used in this study are library research and field research. The data analysis used is a qualitative method.The results show that the legal protection of users of the Financial Technology (Financial Technology) service of borrowing and borrowing money based on information technology (Peer to Peer Lending) has been carried out by the Financial Services Authority (OJK) and its staff by means of supervision, examination and investigation based on the Financial Services Authority Regulation No. 77 / POJK.01 / 2016 concerning Information Technology-Based Lending and Borrowing Services.The conclusion is that the legal protection of users of the Financial Technology (Financial Technology) service of lending and borrowing money based on information technology (Peer to Peer Lending) can be realized in a preventive and repressive manner. Basically, the Operator does not have direct legal consequences that make risk transfer to the Operator. Keywords: Financial Technology, Peer to Peer Lending, Legal Protection for Users / Consumers.

scholarly journals PERLINDUNGAN HUKUM TERHADAP DATA PRIBADI DALAM INDUSTRI FINANCIAL TECHNOLOGY

2020 ◽  
Vol 6 (2) ◽  
pp. 298-323
Author(s):  
Elvira Fitriyani Pakpahan ◽  
Lionel Ricky Chandra ◽  
Ananta Aria Dewa
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
Legal Protection ◽  
Peer To Peer ◽  
Personal Data Protection ◽  
Peer Lending ◽  
The Government ◽  
Financial Technology ◽  
Penal Sanction

It came to the author’s attention that personal data collected or appropriated in the course of FinTech industry especially those that related to FinTech Peer to Peer Lending services are prone to misuse. The author, after perusing the prevailing laws regarding FinTech industry, concludes that a well-functioning system of rules has been put in place to regulate this industry. However, what is lacking is sufficient guarantee or protection of consumer’s personal data.  Available is the option to use a weak (administrative, civil or penal) sanction against alleged misuse or misappropriation of personal data.  To enhance better legal protection, the author suggests, that the government issue a special law on personal data protection, including establishing a a special governmental supervisory body to that purpose.

scholarly journals Perlindungan Konsumen dari Penyebarluasan Data Pribadi oleh Pihak Ketiga: Kasus Fintech Peer”To Peer Lending”

2020 ◽  
Vol 9 (1) ◽  
pp. 92
Author(s):  
Veronica Novinna
Keyword(s):  
Financial Services ◽  
Personal Information ◽  
Personal Data ◽  
Legal Protection ◽  
Peer To Peer ◽  
Third Party ◽  
Loan Default ◽  
P2p Lending ◽  
Peer Lending ◽  
Legal Consequences

Online loans are an instant method to get loans with technology basis and under control of the Financial Services Authority. Startups organizer have failed to protect consumers personal information thus creates problem in collecting debts."This study aims to explain and analyze" the”Legal Position of the Debt Collector in the administration of fintech and the legal consequences of the act of suppressing payments to consumers who fail to pay unlawfully.”This type of research used is normative juridical conducted with the approach of existing laws and regulations in Indonesia. Based on the research results obtained, there is a relationship or position of a third party with an online loan provider as a debt collector in a loan default, and this is explicitly explained in the P2P Lending fintech service delivery guidelines. "The legal consequences of the act of suppressing payments in the form of distribution" consumer personal data from the debt collector of the party organizing P2P Lending where "the consumer has the right to get legal protection through the filing of a claim of loss" arising as well as the organizer may be subject to administrative sanctions for his negligence. Pinjaman online ialah pinjaman cepat berbasis teknologi yang diawasi oleh OJK, beberapa penyelenggara telah lalai dalam menjaga data pribadi konsumen sehingga menimbulkan permasalahan dalam penagihan hutang kepada konsumen. Penelitian ini bertujuan untuk menjelaskan dan menganalisis Kedudukan Hukum Debt collector dalam penyelenggaraan fintech dan akibat hukum terhadap tindakan menekan pembayaran kepada konsumen gagal bayar dengan cara melawan hukum”. Jenis Penelitian yang dipergunakan ialah yuridis normatif yang dilakukan dengan pendekatan peraturan perundang-undangan yang ada di Indonesia. Berdasarkan hasil penelitian yang didapat yakni adapun hubungan atau kedudukan pihak ketiga dengan penyelenggara pinjaman online adalah sebagai penagih hutang dalam pinjaman gagal bayar dan hal tersebut dijelaskan secara eksplisit dalam pedoman perilaku pemberian layanan fintech Peer to Peer Lending (P2P Lending).”Adapun akibat hukum terhadap tindakan menekan pembayaran berupa penyebaran data pribadi konsumen dari debt collector pihak penyelenggara P2P Lending dimana konsumen berhak mendapat perlindungan hukum melalui pengajuan tuntutan kerugian yang timbul serta pihak penyelenggara dapat dikenakan sanksi administratif atas tindakan kelalaiannya.

scholarly journals Legal Protection of Fintech-Peer to Peer Lending-Based Money Loan Recipients

2021 ◽  
Vol 04 (06) ◽  
Author(s):  
Johan Kuswara ◽  
Keyword(s):  
Financial Services ◽  
Research Method ◽  
Legal Protection ◽  
Peer To Peer ◽  
Business Climate ◽  
Technology Changes ◽  
Peer Lending ◽  
The Government ◽  
Online Lending ◽  
Financial Technology

Research This study aims to review and analyze the legal protection of loan recipients in the implementation of financial technology. Changes in the financial sector today are fintech (financial technology), one of which is peer to peer lending. The proliferation of peer-to-peer lending-based fintech in Indonesia is often a problem, although on the other hand it is also an answer for people who need funding quickly and easily. Whereas against the rise of online lending (peer to peer lending), the government in this case is the OJK (Financial Services Authority) has taken various ways to protect the community and foster a good business climate, but the problems faced by the community still occur. The problem in this research is what form of legal protection is obtained by recipients of fintech peer to peer lending-based money based on the provisions of applicable laws and regulations? and how to increase the government's role in the implementation and development of fintech-based peer to peer lending services. The research method used in this research is normative juridical. The implementation of financial technology based on peer-to-peer lending has not gone well.

Legal protection for Provider in Peer to Peer Lending: an Example from Indonesian Regulation

2019 ◽  
Vol 2 (2) ◽  
Author(s):  
Trinas Dewi Hariyana
Keyword(s):  
Risk Management ◽  
Legal Protection ◽  
Peer To Peer ◽  
Bank Credit ◽  
Legal Certainty ◽  
P2p Lending ◽  
Credit Agreement ◽  
Dispute Resolution Mechanism ◽  
Settlement Mechanism ◽  
Financial Technology

The Financial Technology peer to peer (P2P) lending concept still finds many weaknesses, especially in terms of legal protection for parties and risk management from Fintech itself. P2P Lending Regulation in Indonesia currently uses POJK No. 77 / POJK / 2016 concerning technology-based money lending and borrowing services. The position of Fintech P2P lending is similar to a bank, but the concept is a different agreement. Fintech P2P lending funds can come from investors or funders or cooperate with legal entities or banks. Considering that the risk posed by Fintech P2P lending is very large, Fintech must also implement consumer protection, risk management and prudential principles like a bank credit agreement so as to cover the risk of bad credit, the Fintech platform uses other means to protect funds from investors or investors. the other is with the protection fund as done by the Coin works platform. The protection fund does not cover the entire fund invested by the funder, depending on the availability of protection funds and the amount of credit that is experiencing congestion. The POJK regulation in article 19 describes the agreement clause which must contain the dispute resolution mechanism and the settlement mechanism if the implementation of lending and borrowing services is not able to continue operations, so that with the rules related to the clause it is expected that the funder will still get legal certainty and protection for funds.

scholarly journals Pelaksanaan Pertanggungjawaban Sosial Perbankan terhadap Koperasi dalam Hal Sertifikasi Kekayaan Intelektual Sebagai Jaminan Kredit Perbankan

Wajah Hukum ◽  
2020 ◽  
Vol 4 (1) ◽  
pp. 160
Author(s):  
Wibi Anska Putri
Keyword(s):  
Economic Growth ◽  
Legal Protection ◽  
Bank Loans ◽  
Legal Certainty ◽  
The Social ◽  
Banking Institutions ◽  
The Government ◽  
Credit Agreement ◽  
Linkage Program

HKI is a work declared by creative economic actors as an effort to encourage Indonesia's economic growth. In addition to being a form of legal protection, the existence of one type of HKI namely the brand can be used as a concept as collateral. In fact, there is no legal force to implement this because there are no regulations governing it, causing legal uncertainty for the parties involved, especially regarding the policy of banking institutions in providing credit to cooperatives or UMKM that have been certified. The results of this paper show that the application of collective brand certificates to be used as collateral for bank loans does not yet have legal certainty, and the efforts that can be made by the government are to harmonize regulations, provide counseling on the importance of the existence of HKI, and monitor the balance between applicable rules and reality. which took place in the field. The role of cooperatives or UMKM is to maintain good performance when banking institutions have provided access to capital in the form of credit by implementing the Linkage Program Executing pattern based on the principle of consensus or trust and applying risk management principles in each credit agreement. The social responsibility of banking institutions in this case is to provide easing of collateral and is not commercial in nature.

scholarly journals Legal Review of Financial Technology Peer To Peer Lending Based on Indonesian Collateral Law Perspective

2020 ◽  
Vol 3 (2) ◽  
pp. 109
Author(s):  
Ayup Suran Ningsih
Keyword(s):  
Private Sector ◽  
Peer To Peer ◽  
Minimum Requirement ◽  
Track Record ◽  
Loan Program ◽  
Peer Lending ◽  
The Government ◽  
Credit Agreement ◽  
Financial Technology ◽  
Legal Entities

In fulfilling everyday needs, certainly needing equipment and supporting equipment in practice. However, due to limited capital, the background of the birth of legal entities from the government to the private sector offered a program to lend money which was then used for capital. In the process, this loan is often called a credit agreement in which the minimum requirement is a guarantee that will later be used as a collateral object. The guarantee acts as an addition (accesoir) to the main agreement which is to convince the creditor of the assets of the debtor and their ability to make payments later. Because not everyone has sufficient assets to make a loan, a guarantee institution arises that provides a loan program without using collateral. In connection with the development of technology, a new program was born, namely peer to peer lending based on financial technology. Ease in requirements and track record written in a system is the attraction of this type of loan, but because it is regulated by the system, there can be a mismatch of what is promised.

scholarly journals Pengawasan Dalam Kerja Sama Bank Umum dan Penyelenggara Layanan Pinjam Meminjam Uang Berbasis Teknologi Informasi

2021 ◽  
Vol 4 (6) ◽  
pp. 2397
Author(s):  
Nabilla Virnanda Lobo
Keyword(s):  
Information Technology ◽  
Financial Services ◽  
Commercial Banks ◽  
Service Providers ◽  
Peer To Peer ◽  
Reciprocal Relationship ◽  
Regulatory Agencies ◽  
Conceptual Approach ◽  
Supervisory Authority ◽  
Peer Lending

AbstractPartnership is a collaboration between one party and another, where each party plays its respective roles in a reciprocal relationship that benefits each party. This research will discuss the characteristics of the forms of cooperation between commercial banks and information technology-based lending and borrowing service providers (fintech peer-to-peer lending) and then discusses the supervision of regulatory agencies on cooperation in the financial sector. This research is a doctrinal research using a statute approach and a conceptual approach to obtain a clearer picture. The result of this research is that credit distribution cooperation is carried out by taking into account the provisions regarding information technology-based lending and borrowing services while retail investment sales cooperation and non-performing loan management cooperation are carried out by taking into account the provisions concerning banks and / or commercial banks as in the cooperation. commercial banks. The supervisory authority lies with the Financial Services Authority. Keywords: Fintech P2PL; Commercial Banks; OJK.AbstrakPartnership adalah kerja sama antara satu pihak dengan pihak lainnya dimana masing-masing pihak menjalankan perannya masing-masing dalam hubungan timbal balik yang memberikan keuntungan kepada masing-masing pihak. Dalam penelitian ini akan dibahas mengenai karakteristik bentuk-bentuk kerja sama antara bank umum dengan penyelenggara layanan pinjam meminjam berbasis teknologi informasi (fintech peer-to-peer lending) kemudian membahas mengenai pengawasan lembaga otoritas terhadap kerja sama dalam sektor keuangan tersebut. Penelitian ini merupakan penelitian doctrinal research dengan menggunakan pendekatan perundang-undangan (statute approach) dan pendekatan konseptual (conceptual approach) untuk memperoleh gambaran yang lebih jelas. Hasil dalam penelitian ini yaitu kerja sama penyaluran kredit dilaksanakan dengan memperhatikan ketentuan mengenai layanan pinjam meminjam uang berbasis teknologi informasi sedangkan kerja sama penjualan investasi ritel dan kerja sama pengelolaan non-performing loan dilaksanakan dengan memperhatikan ketentuan mengenai bank dan/atau bank umum sebagaimana dalam kerja sama bank umum. Adapun kewenangan pengawasan berada di Otoritas Jasa Keuangan.Kata Kunci: Fintech P2PL; Bank Umum; OJK.

PERAN OTORITAS JASA KEUANGAN CIREBON PADA PERLINDUNGAN KONSUMEN FINANCIAL TECHNOLOGY LENDING

2021 ◽  
Vol 3 (1) ◽  
pp. 1-22
Author(s):  
Syaeful Bakhri ◽  
Layaman Layaman ◽  
Muh Iqbal Alfan
Keyword(s):  
Data Collection ◽  
Consumer Protection ◽  
Financial Services ◽  
Peer To Peer ◽  
Triangulation Method ◽  
Peer Lending ◽  
The Government ◽  
Financial Technology

The Financial Services Authority (itself is an institution that is independent and free from interference from other parties, which has the functions, duties and authority of regulation, supervision, inspection and investigation. Consumers themselves are one of the unimportant in running their business. From the government, they act really how to support customers with challenges faced by consumers, in terms of consumer financial services protection, the Financial Services Authority (OJK) and the government's extension of the peer to peer lending. The method used in this research is qualitative by using normative juridical. Data collection techniques were carried out using the triangulation method with observation, interviews and documentation. The efforts of the financial authorities related to consumer protection are already good with SATGAS Investment Alert, fintech emergency numbers, but it is still has not been maximized and needs to be increased again. The community itself still believes that applications with four or more stars and good reviews are official applications.

scholarly journals ANALISIS PEER TO PEER LENDING DI INDONESIA

2020 ◽  
Vol 12 (2) ◽  
pp. 75-86
Author(s):  
Risna Kartika
Keyword(s):  
Data Security ◽  
Financial Stability ◽  
Peer To Peer ◽  
Bank Credit ◽  
Legal Certainty ◽  
Start Up ◽  
Potential Risks ◽  
Peer Lending ◽  
The Government ◽  
Descriptive Method

Problems arising from the development of fintech include data security and legal certainty of online-based loans so that it impacts on potential risks to consumers and financial stability and integrity. The purpose of this study is to analyze the development of peer to peer lending in Indonesia, which is reviewed based on relevant institutional regulations and literature studies. This research uses a descriptive method with literature review. The results of this study describe the types of fintech that fall into the dominant category in Indonesia are peer to peer lending, peer to peer lending users by productive age with a percentage of 70%. In October 2019 the number of loans increased 200.01%. The government supervises peer to peer lending through three institutions there are Bank Indonesia, the Ministry of Communication and Information and OJK. The three institutions oversee operations from the start up to consumer protection. Peer to peer lending targets MSMEs that are feasible but cannot obtain bank credit facilities. Peer to peer lending can help develop MSMEs in financial terms, especially in the field of financing.

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