scholarly journals Peran Otoritas Jasa Keuangan (OJK) dalam Mengawasi Maraknya Pelayanan Financial Technology (Fintech) di Indonesia

2020 ◽  
Vol 9 (3) ◽  
pp. 559
Author(s):  
Elvira Fitriyani Pakpahan ◽  
Jessica Jessica ◽  
Corris Winar ◽  
Andriaman Andriaman
Keyword(s):  
Financial Services ◽  
Legal Protection ◽  
Electronic Money ◽  
Services Sector ◽  
Digital Money ◽  
The Government ◽  
The Moment ◽  
Financial Transactions ◽  
Financial Technology

The purpose of this research is to give insights on how Fintech and the role of OJK in supervising the services of Fintech in Indonesia. The presence of Fintech in Indonesia greatly helps citizens in accessing and provide easiness in financial transactions. At the moment, Fintech provides several functions that are believed to develop rapidly and Fintech also provides services on electronic money, virtual account, aggregator, lending, crowdfunding and other online monetary transactions. Various businesses that are part of Fintech are startups and online businesses. Therefore, the government should provide legal protection in order to protect both parties, the business organizers and the possible customers. In this case, business organizers with legal Fintech development have potential that is related to consumer protection, stable financial system, economy, and payment methods. The method of the research that is used in conducting this journal is the applied law research method. This research is using normative law with the facts approach and Constitution approach. In this case, Bank Indonesia has issued the Bank Indonesia Regulation No. 18/40/PBI/2016 about the implementation of the payment transaction and the Bank Indonesia Regulation No. 19/12/PBI/2017 about the implementation of Financial Technology. Along with OJK Regulation No. 13/POJK.02/2018 about the innovation of digital money in the financial services sector as a provision that covers the supervision and stipulates financial technology (fintech) industry issued by Otoritas Jasa Keuangan (OJK). Tujuan dari penelitian ini adalah untuk memberikan pengetahuan bagaimana Fintech dan peran OJK dalam mengawasi maraknya pelayanan Fintech di Indonesia. Munculnya Fintech di Indonesia sangat membantu masyarakat untuk mengakses dan mempermudah transaksi keuangan. Saat ini, Fintech memiliki berbagai fungsi yang diyakini mampu berkembang cepat dan Fintech mampu melayani electronic money, virtual account, agregator, lending, crowdfunding dan transaksi keuangan online lainnya. Berbagai usaha yang termasuk dalam Fintech adalah bisnis startup dan bisnis online. Dengan demikian Pemerintah harus memberikan suatu bentuk perlindungan hukum baik itu dari segi penyelenggara bisnis maupun untuk masyarakat yang berperan sebagai nasabah. Dalam hal ini, Pelaksanaan bisnis yang dijalankan secara legalitas untuk pengembangan fintechnya memiliki potensi resiko yang berhubungan dengan perlindungan konsumen, stabilitas sistem keuangan dan ekonomi ,serta sistem pembayaran. Metode penelitian yang digunakan dalam penyusunan jurnal ini adalah metode hukum yuridis normatif. Dimana penelitian ini meneliti hukum secara normatif dengan menggunakan pendekatan fakta dan pendekatan Undang-Undang. Dalam Hal ini Bank Indonesia (BI) mengeluarkan Peraturan Bank Indonesia No 18/40/PBI/2016 dan Peraturan Bank Indonesia No 19/12/PBI/2017 serta Peraturan OJK No. 13/POJK.02/2018 sebagai bentu pengawasan dan pengaturan industri financial technology (fintech) yang dikeluarkan oleh Otoritas Jasa Keuangan (OJK).

scholarly journals PERAN OTORITAS JASA KEUANGAN TERHADAP PENGAWASAN LEMBAGA KEUANGAN DI INDONESIA

2019 ◽  
Vol 1 (02) ◽  
pp. 177-188
Author(s):  
Annisa Arifka Sari
Keyword(s):  
Capital Market ◽  
Financial Services ◽  
Financial Service ◽  
Legal Basis ◽  
Legal Research ◽  
Services Sector ◽  
Financial Services Sector ◽  
Stable Manner ◽  
The Government

Penelitian ini bertujuan untuk menjelaskan peran Otoritas Jasa Keuangan sebagai lembaga independen dalam melakukan pengawasan terhadap lembaga jasa keuangan di Indonesia serta kewenangan Otoritas Jasa Keuangan yang diatur dalam Undang-Undang Nomor 21 Tahun 2011 tentang Otoritas Jasa Keuangan. Metode yang digunakan dalam penelitian ini adalah penelitian hukum normatif. Dari hasil penelitian dijelaskan bahwa Otoritas Jasa Keuangan adalah lembaga yang independen dan bebas dari campur tangan pihak lain, yang mempunyai fungsi, tugas, dan wewenang pengaturan, pengawasan, pemeriksaan, dan penyidikan terhadap lembaga jasa keuangan seperti perbankan. Dasar hukum dibentuknya Otoritas Jasa Keuangan adalah Undang-Undang Nomor 21 Tahun 2011. Secara kelembagaan, Otoritas Jasa Keuangan berada di luar pemerintah, yang dimaknai bahwa Otoritas Jasa Keuangan tidak menjadi bagian dari kekuasaan pemerintah. Otoritas Jasa Keuangan dibentuk dengan tujuan agar keseluruhan kegiatan di dalam sektor jasa keuangan terselenggara secara teratur, adil, transparan, dan akuntabel; mampu mewujudkan sistem keuangan yang tumbuh secara berkelanjutan dan stabil; serta mampu melindungi kepentingan konsumen dan masyarakat. Otoritas Jasa Keuangan bertugas tidak hanya mengatur dan mengawasi perbankan saja, tetapi juga mencakup pasar modal, perasuransian, dana pensiun, lembaga pembiayaan, serta lembaga jasa keuangan lainnya.    THE ROLE OF FINANCIAL SERVICES AUTHORITY ON SUPERVISION OF FINANCIAL INSTITUTIONS IN INDONESIA This research aims to explain the role of the Financial Services Authority as an independent institution in supervising financial service institutions in Indonesia as well as the authority of the Financial Services Authority as regulated in Law Number 21 of 2011 concerning the Financial Services Authority. The method used in this research is normative legal research. From the research results, it is explained that the Financial Services Authority is an independent institution and free from interference from other parties, which has the function, task and authority to regulate, supervise, examine and investigate financial service institutions such as banks. The legal basis for the establishment of the Financial Services Authority is Law Number 21 of 2011. Institutionally, the Financial Services Authority is outside the government, which means that the Financial Services Authority is not part of the government's power. The Financial Services Authority was formed with the aim that all activities in the financial services sector are carried out in an orderly, fair, transparent and accountable manner; able to realize a financial system that grows in a sustainable and stable manner; and able to protect the interests of consumers and society. The Financial Services Authority is tasked with not only regulating and supervising banking, but also covering the capital market, insurance, pension funds, financing institutions, and other financial service institutions.    

Policies and Innovations of Financial Technology Business Models in the Digital Economy Era on the E-Business Ecosystem in Indonesia

2022 ◽  
pp. 22-42
Author(s):  
Ahmad Budi Setiawan ◽  
Amri Dunan ◽  
Bambang Mudjianto
Keyword(s):  
Business Model ◽  
Financial Services ◽  
Business Models ◽  
Rapid Development ◽  
Group Discussions ◽  
Business Ecosystem ◽  
Utilization Of Technology ◽  
The Government ◽  
Financial Transactions ◽  
Financial Technology

The rapid development of technology and information systems continues to give birth to various innovations, especially those related to financial technology to meet the various needs of the community, including access to financial services and processing of financial transactions. Financial technology (FinTech) is the implementation and utilization of technology to improve financial and banking services. The development of financial technology in Indonesia itself is growing rapidly, along with the development of existing technology. FinTech is developed by utilizing the latest software, internet, and computing technologies. Based on this, this study examines the development of innovation and policies for the fintech business model in the e-business ecosystem in Indonesia. This research is a qualitative research with data collection methods through focus group discussions, in-depth interviews, and literature studies. This chapter recommends that the government develop and make policies for fintech business model innovation in the e-business ecosystem in Indonesia.

scholarly journals Upaya Penyelesaian Sengketa atas Gagalnya Pengisian Saldo (Top Up) yang dialami Pengguna Kartu Tap Cash Bank Negara Indonesia

2020 ◽  
Vol 7 (1) ◽  
pp. 53-61
Author(s):  
Rahmadi Indra Tektona ◽  
Mardi Handono ◽  
Regina Yurisprastita Jufri
Keyword(s):  
Consumer Protection ◽  
Financial Services ◽  
Legal Protection ◽  
Electronic Money ◽  
Services Sector ◽  
Deductive Method ◽  
Sector Analysis ◽  
The Republic ◽  
Materials Used ◽  
Laws And Regulations

Writing aims to find out the effort to resolve disputes for Tap Cash BNI card users who have failed to top up, which results in losses to consumers. The focus of the problem is how to resolve disputes between the banks as Tap Cash card issuers and consumers of electronic money users. This research begins by reviewing various laws and regulations which form the basis of legal protection for card users, for this reason, it is used normative juridical research, by reviewing the applicable laws and regulations. the author also uses the concept of the rule of law which is obliged to provide legal guarantees. In the matter of efforts to resolve disputes for consumers using the BNI Tap Cash card, the concept of legal protection also applies based on the Law of the Republic of Indonesia Number 8 of 1999 concerning Consumer Protection and Financial Services Authority Regulation Number: 1 / POJK.07 / 2013 concerning Consumer Protection of the Financial Services Sector. Analysis of legal materials used is the analysis of legal materials with a deductive method which is a research method based on general concepts to provide concrete explanations of specific legal issues, data is collected through seminars, articles, and interviews and analyzed qualitatively. Based on the results of research conducted on the problem, it was found several forms of settlement efforts provided by the BNI bank namely the resolution of disputes outside the court and the resolution of disputes through the court.

scholarly journals Pengawasan Teknologi Finansial Melalui Regulatory Sandbox oleh Bank Indonesia Atau Otoritas Jasa Keuangan Berdasarkan Perspektif Keadilan Bermartabat

2019 ◽  
Vol 2 (2) ◽  
pp. 116-125
Author(s):  
Rizky P.P Karo Karo ◽  
Laurenzia Luna
Keyword(s):  
Rural Areas ◽  
Financial Services ◽  
Urban Areas ◽  
Smart Phone ◽  
Secondary Data ◽  
Scientific Paper ◽  
Services Sector ◽  
Financial Transactions ◽  
Financial Technology ◽  
Laws And Regulations

Financial technology (TF) cannot be released by the community both in rural areas or urban areas. TF provides a paradigm shift for the community. TF makes it easy for humans to make financial transactions simply by using a smart phone (HP) that humans can make payment transactions, borrow money. People will certainly choose TF that is safe and reliable and profitable, but sometimes people rarely know that a good and correct TF is a TF that has passed the Regulatory Sandbox (RS) test or a limited trial room. Two Government institutions that are authorized to carry out hospitals are Bank Indonesia (BI) through Bank Indonesia Regulation No: 19/12 / PBI / 2017 concerning Financial Services and Financial Services Authority (OJK) Implementation through “Financial Services Authority Regulation NUMBER 13 /POJK.02/2018 about Digital Financial Innovation in the Financial Services Sector”. The formulation of the problem raised is how is the TF supervision mechanism through the hospital implemented by BI or OJK? The method used in this scientific paper is a normative juridical method, using secondary data in the form of primary legal material consisting of laws and regulations relating to TF, secondary legal material in the form of scientific articles, journals and tertiary legal materials in the form of dictionaries. The research results obtained are that TF must pass the trial in the Regulatory Sandbox applied by BI or OJK. BI and OJK have the authority to determine whether the proposed TF is feasible or not feasible. RS is a significant method, according to the laws and regulations to get a TF that is suitable and safe for consumers and contains dignified justice, justice for business people and consumers.

scholarly journals The Role of Financial Services Authority and Legal Protection of Debtor in Financial Technology (Fintech) Based Lending Agreements

2021 ◽  
Vol 04 (07) ◽  
Author(s):  
Himawan Prasetyo ◽  
Keyword(s):  
Information Technology ◽  
Financial Services ◽  
Research Method ◽  
Legal Protection ◽  
Main Issue ◽  
Positive Law ◽  
Financial Technology

The main issue discussed in this study are regarding the implementation of financial technology (Fintech) -based lending agreements which regulated in Indonesian positive law and also barrier on legal protection in implementing technology(Fintech) based lending agreements. This study applied a normative research method which collected primary legal sources of legislation and secondary legal sources of books, journals, and other articles related to this study. The implementation of financial technology (Fintech) based lending agreements is regulated in positive Indonesian law which is Financial Services Authority Regulation Number 77 / POJK.01/2016 concerning Information Technology-Based Lending Services. Meanwhile, legal protection in the implementation of technology(Fintech) based lending agreements occurs when the debtor defaults and the creditor commits an unlawful act, both of which occur due to a lack of legal protection arrangements in the Financial Services Authority Regulation.

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 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 Financial Technology and Financial Inclusion on MSME:Mixed-Method Research Approach

2020 ◽  
Vol 7 (2) ◽  
pp. 232-236
Author(s):  
Lela Nurlaela Wati ◽  
Heri Isprihayadi ◽  
Khoirun Nisa ◽  
Mohamad Lutfi ◽  
Imam Suprapta
Keyword(s):  
Financial Services ◽  
Small And Medium Enterprises ◽  
Financial Inclusion ◽  
Third Party ◽  
Research Approach ◽  
Mixed Method Research ◽  
Payment Systems ◽  
The Government ◽  
Financial Technology

This study aims to examine the role of financial technology in increasing financial inclusion in Micro, Small, and Medium Enterprises. This research uses mixed-method research with sequential mixed methods especially sequential explanatory strategy. In the first phase, 116 questionnaires were given to respondents as many as 116 MSMEs then conducted interviews with respondents and related parties in depth. Empirical evidence shows that the role of Financial Technology has a positive and significant effect on Financial Inclusion. These results indicate that fintech can increase financial inclusion. Based on interviews, fintech products that are often used by MSMEs are third-party payment systems and Peer-to-Peer (P2P) type of payment systems. Examples of platforms that are often used by MSMEs are Go food, Gopay, Grab food, OVO, JakOne, M-Banking, and SMS Banking. For the Crowdfunding fintech type, it has not been implemented by many MSMEs. The large number of MSME entrepreneurs who have used fintech products in their businesses shows that MSME entrepreneurs have used financial services in the form of savings accounts so that it has an impact on increasing financial inclusion. Suggestions from the results of this study are the Government needs to conduct regular training on the use of financial technology to MSME actors, there are strong synergy and cooperation in developing a fintech system to improve the digital economic system at MSMEs. Regulations need to be updated with the development of innovations.

scholarly journals Information Asymmetry and Trust: A Framework for Studying Microfinance in India

2005 ◽  
Vol 30 (4) ◽  
pp. 77-86 ◽  
Author(s):  
M S Sriram
Keyword(s):  
Social Networks ◽  
Transaction Costs ◽  
Rural Areas ◽  
Financial Services ◽  
Imperfect Information ◽  
Informal Networks ◽  
The Poor ◽  
The People ◽  
Financial Transactions

In recent times, microfinance has emerged as a major innovation in the rural financial marketplace. Microfinance largely addresses the issue of access to financial services. In trying to understand the innovation of microfinance and how it has proved to be effective, the author looks at certain design features of microfinance. He first starts by identifying the need for financial service institutions which is basically to bridge the gap between the need for financial services across time, geographies, and risk profiles. In providing services that bridge this gap, formal institutions have limited access to authentic information both in terms of transaction history and expected behaviour and, therefore, resort to seeking excessive information thereby adding to the transaction costs. The innovation in microfinance has been largely to bridge this gap through a series of trustbased surrogates that take the transaction-related risks to the people who have the information — the community through measures of social collateral. In this paper, the author attempts to examine the trajectory of institutional intermediation in the rural areas, particularly with the poor and how it has evolved over a period of time. It identifies a systematic breach of trust as one of the major problems with the institutional interventions in the area of providing financial services to the poor and argues that microfinance uses trust as an effective mechanism to address one of the issues of imperfect information in financial transactions. The paper also distinguishes between the different models of microfinance and identifies which of these models use trust in a positivist frame and as a coercive mechanism. The specific objectives of the paper are to: Superimpose the role of trust in various types of exchanges and see how it impacts the effectiveness of repeated transactions. While greater access to information fosters trust and thus helps social networks to reduce transaction costs, there could be limits to which exchanges could solely depend on networks and trust. Look at the frontiers where mutual trust cannot work as a surrogate for lower appraisal costs. Use an example in the Canadian context and see how an entity that started on the basis of social networks and trust had to morph into using the techniques used by other formal nonneighbourhood institutions as it grew in size and went beyond a threshold. Using the Canadian example, the author argues that as the transactions get sophisticated, it is possible to achieve what informal networks have achieved through the creative use of information technology. While we find that the role of trust both in the positivist and the coercive frame does provide some interesting insights into how exchanges with the poor could be managed, there still could be breaches in the assumptions. This paper identifies the conditions under which the breaches could possibly happen and also speculates on the effect of such breaches.

scholarly journals DOES FINTECH MATTER FOR INDONESIA’S ECONOMIC GROWTH?

2019 ◽  
Vol 22 (4) ◽  
pp. 437-456
Author(s):  
Seema Wati Narayan
Keyword(s):  
Economic Growth ◽  
Financial Services ◽  
Trade Openness ◽  
First Year ◽  
Stock Market Development ◽  
Endogenous Growth Theory ◽  
Investment And Financing ◽  
Second Year ◽  
Financial Technology

This paper investigates the role of financial technology (FinTech) in propelling economic growth in Indonesia from 1998 to 2018. The FinTech industry employs a technology-based business model to provide financial services, including lending, payment, investment, and financing services. The study is motivated by endogenous growth theory, which seeks to explain technology as the most important driver of economic growth. The study finds that FinTech startups are positively correlated with Indonesia’s economic growth. FinTech firms in their first year are found to be disruptive, but they fail to have serious consequences on Indonesia’s economic growth; however, they seem to significantly encourage economic growth in their second year. These findings are derived after accounting for other important growth determinants, namely, capital per labor, foreign direct investment (FDI), stock market development, and trade openness.

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