Kristiawati, Cindy
(2019)
Aspek-aspek legal peer to peer lending dan Kredit Tanpa Agunan (KTA) = Legal aspects of peer to peer lending and unsecured loans.
Bachelor thesis, Universitas Pelita Harapan.
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Abstract
Digitalization changes the way people communicate, purchasing goods and / or services, structuring and establishing business, specifically financial services that can serve financial needs, namely Fintech companies. Financial Technology / Fintech has grown rapidly in Indonesia in the recent years, thereby leading to the increasing need for Bank Indonesia and / or OJK to issue regulations to cope with the growth of peer to peer lending in Indonesia. This research aims to find out and analyze how peer to peer lending with and without collateral is regulated in Indonesia, along with how peer to peer lending and unsecured loans are regulated in Indonesia. The outcome of this research is that peer to peer lending with or without collateral is regulated under POJK No. 77 / POJK. 01 / 2016 concerning Information Technology – Based Money Lending Services, along with supporting regulations that are issued by Bank Indonesia and OJK / Otoritas Jasa Keuangan. While regarding the regulation of peer to peer lending and unsecured loans, it is found that peer to peer lending has been regulated under POJK No. 77 / POJK. 01 / 2016 concerning Information Technology – Based Money Lending Services, along with supporting regulations that are issued by Bank Indonesia and OJK / Otoritas Jasa Keuangan, while on the other hand, there has been no regulation that specifically regulates unsecured loans along with other forms of loans that have been provided by banks in Indonesia. Therefore, the activity of borrowing and lending money adheres to Law No. 10 / 1998 on the Amendment to Law No. 7 / 1992 on Banking, along with regulations that are issued by Bank Indonesia in the form of SK / Surat Keputusan, SE / Surat Edaran, and PBI / Peraturan Bank Indonesia, along with the Indonesian Civil Code specifically Book 3, which governs contracts in general. Based on these findings, some recommendations have been proposed. First, peer to peer lending platforms and conventional banks have to learn from each other, such as conventional banks that apply BI Checking before providing loans to its customers, in which it is done to reduce the amount of non – performing loans. Peer to peer lending platforms in Indonesia should report their users’ data to the Financial Information Service System (SLIK) that is managed by OJK, considering that as of now, it is done voluntarily. Second, the regulation that regulates unsecured loans and other forms of loans that have been provided by banks in Indonesia must be issued to ensure legal certainty.
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