scholarly journals Perlindungan Hukum Terhadap Pihak Pemberi Pinjaman Akibat Terjadinya Gagal Bayar pada Peer to Peer Lending

Acta Comitas ◽  
2020 ◽  
Vol 5 (3) ◽  
pp. 479
Author(s):  
Ni Made Intan Pranita Dewanthara ◽  
Made Gde Subha Karma Resen
Keyword(s):  
Financial Services ◽  
Research Method ◽  
Dispute Settlement ◽  
Legal Protection ◽  
Peer To Peer ◽  
Service Users ◽  
Legal Problem ◽  
Digital World ◽  
Peer Lending ◽  
Settlement Of Disputes

The digital world has developed very rapidly and has had a lot of influence in various sectors, one of which is the presence of information technology-based lending and borrowing services, namely Peer to Peer Lending. However, it is possible that the implementation of Peer to Peer Lending carries a risk of a legal problem, namely the default from the Loan Recipient which will harm the Lender who funds the loan application on the Operator's platform. In this regard, the next study aims to identify and analyze legal protection for lenders related to the risk of default in peer to peer lending based lending services. In addition, this study also aims to explain dispute resolution due to default in peer to peer lending. The research method used in this research is normative legal research method. Legal protection for lenders with the formation of special regulations that provide protection for Peer to Peer Lending service users, namely the Financial Services Authority Regulation Number 77 / POJK.01 / 2016 in particular Article 37 and sanctions such as fines, imprisonment, and other additional penalties given after it occurs dispute. Settlement of disputes due to default in P2PL can be carried out outside or inside the court in accordance with Article 39 paragraph (1) POJK Number 1/POJK.07 / 2013.

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.

scholarly journals LEGAL REGULATION ABOUT THE USE OF HALAL LABEL TO PROVIDE MUSLIM CONSUMERS PROTECTION

2018 ◽  
Vol 9 (1) ◽  
Author(s):  
Edy Supaino ◽  
Martin Roestamy
Keyword(s):  
Rule Of Law ◽  
Consumer Protection ◽  
Research Method ◽  
Dispute Settlement ◽  
Legal Protection ◽  
Legal Regulation ◽  
Food Technology ◽  
Dispute Settlements ◽  
Settlement Of Disputes

Perpetrators of the restaurant business should provide protection to consumers of food that will be consumed, the more this problem becomes a very important problem in the midst of rapid food technology, that is food business actors are not transparent with Muslim consumers. The identification of this research includes: (1) how the use of halal labels by industry and restaurants;, (2) legal protection for Muslim consumers against halal labeled foods, legal efforts against the misuse of halal labels (3). The research method used in this research is the normative juridical approach. The results of this research are: (1) Implementation of halal label with the process of obtaining halal certification for restaurant done by restaurant x has been in accordance with the requirements of halal certification HAS 23000 from LPPOM-MUI.; (2) Provisions of halal products have been regulated in the legislation between other laws concerning: consumer, food, assurance of halal products. The provisions of the regulation are manifestations of universal Islamic legal values that must be supported by their execution; (3) There are 2 (two) dispute settlements that can be taken by the consumer, namely the first settlement of disputes outside the court that is with conciliation, mediation, and arbitration, through the Agency of Consumer Dispute Settlement Agency and both dispute settlement in court.Keywords: Rule of Law, Halal Label, Consumer Protection for Muslims

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 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.

scholarly journals PERLINDUNGAN HUKUM BAGI PEMBERI PINJAMAN ATAS RISIKO KREDIT DALAM PELAKSANAAN PINJAM MEMINJAM UANG BERBASIS TEKNOLOGI INFORMASI (PEER TO PEER LENDING)

2020 ◽  
Vol 6 (2) ◽  
pp. 129
Author(s):  
Indah Kusuma Wardhani ◽  
Fawzia Apriandini
Keyword(s):  
Credit Risk ◽  
Financial Institutions ◽  
Financial Services ◽  
Legal Protection ◽  
Peer To Peer ◽  
Services Sector ◽  
Financial Services Sector ◽  
Peer Lending ◽  
Very High ◽  
Financial Technology

The fastest growing financial technology (fintech) in Indonesia is peer to peer lending, where customers could obtain loans in a simple, easy, and fast way, yet without collateral. However, in practice, peer to peer lending has a very high credit risk because the ability of fintech companies in assessing prospective loan recipients is not as good as other financial institutions. Therefore, preventive and repressive legal protection are needed, especially for lenders, which are regulated in OJK Regulation Number 77/POJK.01/2016 concerning the Implementation of Information Technology-Based Lending and Borrowing and OJK Regulation Number 1/POJK.07/2013 concerning Consumers’ Protection in Financial Services Sector. With the two OJK Regulations, lenders have received sufficient legal protection, but it must be further strengthened, especially in terms of credit risk mitigation.Keywords: Legal Protection for Lenders, Peer To Peer Lending, Credit Risk

scholarly journals IMPLEMENTATION OF TECHNOLOGY-BASED Lending And Lending SERVICES IN REGULATION OF THE FINANCIAL SERVICES AUTHORITY REGULATION NO. 77/POJK.01/2016

2021 ◽  
Vol 04 (07) ◽  
Author(s):  
Ricky Yosua Christian ◽  
Keyword(s):  
Financial Services ◽  
Research Method ◽  
Field Research ◽  
Peer To Peer ◽  
Library Research ◽  
The Law ◽  
Peer Lending

The main discussion in this research is about the implementation of Fintech in Indonesia, especially for Peer to Peer Lending. People who still feel unfamiliar with technology-based lending and borrowing transactions can cause problems. Problems that arise include, among others, how to protect the law and how to resolve if there is a default according to the Financial Services Authority Regulation Number: 77/POJK.01/2016. This study uses a normative research method that collects primary legal sources, namely legislation, and secondary legal sources, in the form of books, journals, and other articles related to this research. The stage used in this research is library research and field research.

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 LEGISLASI PERLINDUNGAN HUKUM TERHADAP FENOMENA FINANCIAL TECHNOLOGY PEER TO PEER LENDING DI INDONESIA

2021 ◽  
Vol 9 (1) ◽  
pp. 80
Author(s):  
Nur Afifah Aminuddin
Keyword(s):  
Financial Institutions ◽  
Financial Services ◽  
Legal Protection ◽  
Peer To Peer ◽  
Legal Issues ◽  
Conceptual Approach ◽  
The Public ◽  
Use Of Technology ◽  
Peer Lending ◽  
Financial Technology

<p><em>Financial technology is the implementation of the use of technology to improve banking and financial services. The emergence of Fintech-based companies, especially those offering lending and borrowing services or Peer To Peer Lending (P2PL) is currently getting the attention of the public and regulators. P2PL-based fintech services are one of the solutions for limited access to financial services in the country and realizing financial inclusion through synergies with financial institutions and technology companies. With the development of fintech peer to peer lending, illegal fintech problems arise which are detrimental to society, so it is necessary to study the legal protection of the regulations that govern it, and how to resolve disputes against it This research is normative by examining legal issues regarding legal protection for consumers and fintech peer to peer lending services and dispute resolution in the fintech business. The research method used includes a statue approach and a conceptual approach.</em></p><p><strong><em>Keywords : </em></strong><em>Legal Protection, Financial Technology Peer to Peer Lending.</em></p><p> </p><p><em>Financial technology </em>merupakan implementasi dari pemanfaatan teknologi untuk peningkatan layanan jasa perbankan dan keuangan. Kemunculan perusahaan-perusahaan berbasis <em>Fintech </em>terutama yang menawarkan layanan pinjam meminjam uang atau <em>Peer To Peer Lending </em>(P2PL) saat ini semakin mendapatkan perhatian publik dan regulator. Layanan <em>fintech </em>berbasis <em>P2PL </em>menjadi salah satu solusi terbatasnya akses layanan keuangan di tanah air dan mewujudkan iklusi keuangan melalui sinerginya dengan istitusi-institusi keuangan dan perusahaan-perusahaan teknologi. Semakin berkembangnya <em>fintech peer to peer lending </em>timbul permasalahan <em>fintech </em>illegal yang banyak merugikan masyarakat, maka itu perlu dilakukan kajian perlindungan hukum terhadap regulasi yang mengaturnya, serta bagaimana penyelesaian sengketa terhadapnya. Penelitian ini bersifat normatif dengan mengkaji isu hukum tentang perlindungan hukum terhadap konsumen dan layanan <em>fintech peer to peer lending</em> dan penyelesaian sengketa pada bisnis <em>fintech.</em> Metode penelitian yang digunakan meliputi pendekatan undang-undang <em>(statue approach)</em> dan pendekatan konseptual <em>(conceptual approach). </em></p><strong>Kata Kunci : </strong>Perlindungan hukum, <em>financial technology peer to peer lending.</em>

scholarly journals Perlindungan Hukum bagi Pekerja Dengan Perjanjian Kerja Tidak Tertulis pada Perusahaan Pemberi Kerja

2021 ◽  
Vol 2 (1) ◽  
pp. 158-162
Author(s):  
Robertus Berli Puryanto ◽  
I Nyoman Putu Budiartha ◽  
Ni Made Puspasutari Ujianti
Keyword(s):  
Research Method ◽  
Dispute Settlement ◽  
Industrial Relations ◽  
Legal Protection ◽  
Economic Activities ◽  
Legal Research ◽  
Work Relations ◽  
Legal Remedies ◽  
The Law ◽  
The Republic

Labor is something that is needed by an employing company in carrying out its economic activities. This can be seen in the constitutional arrangements of the Republic of Indonesia in Article 27 paragraph (2) of the 1945 Constitution of the Republic of Indonesia. In the implementation of the working relationship between workers and the employing company, there are several rights and obligations that must be fulfilled between the two parties. Because there are provisions regarding work agreements that are differentiated based on the form of the agreement, each worker has different rights where these rights must be guaranteed by the company based on law. From this, the problems that will be examined are legal protection for workers with an unwritten work agreement at the employing company, as well as legal remedies that can be taken by workers with an unwritten agreement in the event of a violation of rights by the company. The research method used is normative legal research, namely legal research conducted by examining existing library materials. By examining problems by looking at existing regulations, and describing problems that occur in practice or in everyday life in society. From the research conducted, it was found that legal protection for workers with an unwritten work agreement at the employing company is regulated based on Law Number 13 of 2003 concerning Manpower where the basis is that the applicable work agreement is an indefinite work agreement so that the rights obtained under the provisions of the law. Then efforts that can be made if there is a violation of the law in work relations is based on Law Number 20 of 2004 concerning Industrial Relations Dispute Settlement, namely in the form of Bipartite, Tripartite (Mediation, Consoliation and Arbitration) negotiations, as well as through Trials at the Industrial Relations Court.

scholarly journals Penyelesaian Sengketa Transaksi Bisnis Elektronik Commerce Melalui Internet

2021 ◽  
Vol 2 (2) ◽  
pp. 218-222
Author(s):  
Anak Agung Bagus Sempidi Junior ◽  
Anak Agung Sagung Laksmi Dewi ◽  
Desak Gde Dwi Arini
Keyword(s):  
Information Technology ◽  
Electronic Commerce ◽  
Cultural Values ◽  
Research Method ◽  
Legal Protection ◽  
Legal Research ◽  
Legal Rules ◽  
Business Transactions ◽  
The Government ◽  
Settlement Of Disputes

Development of information technology through legal infrastructure and its regulation so that the use of Information Technology is carried out safely to prevent its misuse by taking into account the religious and socio-cultural values of the Indonesian people. . The research method uses normative legal research and problem approaches using statutory and conceptual approaches. The results of the study show that consumer legal protection in online Electronic Commerce business transactions is regulated through online sale and purchase agreements based on conventional formal and material terms accompanied by buying and selling transactions carried out electronically through computer media. Settlement of disputes in e-commerce business transactions via online, is carried out both non-litigation and litigation. The suggestion is to the Government, it is hoped that participation in solving problems is very important, if a case like this occurs between different countries, then the settlement of this problem must be determined which legal rules will be used to solve it. The purpose of this study is to determine legal protection for consumers in electronic commerce business transactions through online, and how to resolve disputes that occur in electronic commerce business transaction agreements through online

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