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.

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 STRATEGI AGILITAS BISNIS PEER-TO-PEER LENDING STARTUP FINTECH DI ERA KEUANGAN DIGITAL DI INDONESIA

AdBispreneur ◽  
2019 ◽  
Vol 4 (1) ◽  
pp. 19
Author(s):  
Chandra Hendriyani ◽  
Sam un Jaja Raharja
Keyword(s):  
Financial Services ◽  
Peer To Peer ◽  
Technology Literacy ◽  
Literature Study ◽  
Business Agility ◽  
Technological Developments ◽  
Peer Lending ◽  
The Government ◽  
Data Collection Technique ◽  
Financial Technology

Technological developments have encouraged financial technology literacy where Fintech startups came into the world of peer to peer lending to bridge the gap between conventional banking and those who cannot get capital from banks. The technology allows the process of financial facilitation to become more convenient, faster, and more cost-efficient. Fintech has a big opportunity in Indonesia and the government has protected customers by the regulation of Authority of Financial Services Number 77/POJK.01/2016 Indonesian Fintech about money lending services based on information technology. This study is intended to illustrate a strategy business agility in financial technology companies that perform peer-to-peer lending. The method used in this study was qualitative research with descriptive approach. The data collection technique applied is literature study. The results show that P2P lending companies have already performed a strategy business agility to grab customers in the era of digital financial in Indonesia by using platform technology that they have made which is a simple application for gaining competitive advantages.Perkembangan teknologi telah mendorong percepatan  teknologi keuangan di mana startup Fintech peer to peer lending  muncul untuk mengambil peluang pasar konsumen yang tidak bisa mendapatkan modal dari bank konvensional.  Teknologi yang diterapkan membuat fasilitas keuangan menjadi lebih nyaman, cepat dan lebih hemat biaya. Fintech memiliki peluang besar di Indonesia dan pemerintah telah melindungi pelanggan dengan peraturan Otoritas Jasa Keuangan Nomor 77 / POJK.01 / 2016 Fintech Indonesia tentang layanan peminjaman uang berbasis teknologi informasi. Penelitian ini dimaksudkan untuk menggambarkan strategi agilitas bisnis di perusahaan teknologi keuangan yang melakukan peer to peer lending. Metode yang digunakan dalam penelitian ini adalah penelitian kualitatif dengan pendekatan deskriptif. Teknik pengumpulan data yang digunakan adalah studi literatur. Hasil penelitian menunjukkan bahwa perusahaan peer to peer lending telah melakukan strategi agilitas bisnis untuk meraih pelanggan di era keuangan digital di Indonesia dengan menggunakan platform teknologi dan membuat aplikasi sederhana untuk mendapatkan keunggulan kompetitif. 

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 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 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.

PERLINDUNGAN DATA PRIBADI PENERIMA PINJAMAN DALAM TRANSAKSI PINJAM MEMINJAM UANG BERBASIS TEKNOLOGI INFORMASI (PEER TO PEER LENDING)

2021 ◽  
Vol 50 (4) ◽  
pp. 789
Author(s):  
Hendrawan Agusta
Keyword(s):  
Peer To Peer ◽  
P2p Lending ◽  
Peer Lending ◽  
Financial Technology

Perkembangan teknologi informasi sangat pesat, adanya kolaborasi antara teknologi informasi dengan berbagai bidang kehidupan melahirkan berbagai macam inovasi yang membuat kehidupan masyarakat semakin mudah. Inovasi di bidang teknologi informasi melahirkan model bisnis baru yang pada gilirannya mampu menghasilkan efisiensi bagi masyarakat. Revolusi teknologi informasi tersebut terus berkembang dan sekarang memasuki bidang keuangan yang regulasinya ketat. Kolaborasi antara teknologi informasi dengan bidang keuangan melahirkan Teknologi Finansial atau Financial Technology (Fintech), salah satunya pinjam-meminjam uang berbasis teknologi informasi (Peer to Peer Lending/P2P Lending). Masyarakat menjadi lebih mudah mengakses kebutuhan keuangannya melalui P2P Lending. Di sisi lain, muncul tantangan dalam P2P Lending mengenai perlindungan data (data pribadi, data transaksi dan data keuangan). Dalam penelitian ini yang akan dibahas hanya data pribadi Penerima Pinjaman, dimana data pribadi tersebut perlu dilindungi agar tidak terjadi penyalahgunaan yang menimbulkan permasalahan hukum

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 PEER TO PEER LENDING SYSTEM IN HIFDUN MAAL PERSPECTIVE: EVIDENCE FROM THE FINTECH COMPANY OF INVESTREE

2020 ◽  
Vol 7 (8) ◽  
pp. 1584
Author(s):  
Anisa Fadilah Zustika ◽  
Ana Toni Roby Candra Yudha
Keyword(s):  
Financial Management ◽  
Supervisory Board ◽  
Business Owners ◽  
Peer To Peer ◽  
Business Development ◽  
Study Results ◽  
Peer Lending ◽  
Financial Management System ◽  
Financial Technology

The technology-based financial management system or so-called financial technology (fintech) has become a trend in the millennial era, both with sharia or conventional labels. This study aims to determine and examine the operational mechanisms and implications of the application of the peer to peer lending system, which is used as a transaction method both in funding and financing. The approach used is qualitative, an approach that prioritizes the subjectivity aspects of researchers and informants. The informants of this study are experts from several stakeholders such as the MUI of East Java, Masyarakat Ekonomi Syariah (MES) branch of Semarang, and 2 sharia fintech business owners and practitioners in East Java. The study results obtained are fintech based on a peer to peer lending system (P2PL) in the perspective of hifdzu mal (Investree company case study) is an online loan transaction that is consistent with the theory of hifdzu maal. The suitability of the transaction with hifdul maal, because each agreement is clear and in accordance with sharia provisions such as fair, mutually committed, and protect ownership. Suggestions from this study are the need for the addition of sharia supervisory board (DPS) for fintech, collaboration with universities in business development so that literacy and inclusion of fintech can be more extensive and developed.Keywords: fintech, peer to peer lending (P2PL), protection of wealth

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