Analisa hukum peer to peer lending: di Indonesia dan Cina

Halim, David Theo (2020) Analisa hukum peer to peer lending: di Indonesia dan Cina. Bachelor thesis, Universitas Pelita Harapan.

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Abstract

P2P Lending is one of the lending and borrowing money platforms that is rife in Indonesia. With financial technology, P2P Lending can bring together borrowers and lenders without the need for collateral as needed in loans to banks. OJK 77/2016 regulation governing Information Technology Based Lending and Borrowing Services is a legal protection for P2P Lending providers in Indonesia. However, in reality there are still many problems. In Indonesia there are still many illegal and unregistered P2P Lending providers. In addition, there are also many abuses of personal data of customers in problematic loans. P2P operators carry out threats, intimidation, and harassment of customers that can harm the public. On the other hand, China which currently has the largest P2P Lending platform in the world is also aware of the many risks and illegal activities in P2P Lending services. China has issued various regulations regarding fintech that have proven successful in forcing the closure of fraudulent and illegal platforms. So, the writer wants to know and analyze the ideal settings for P2P Lending activities in Indonesia by comparing the regulation of fintech in China. After comparing the rules of P2P Lending between Indonesia and China, it can be seen that in China's CBRC Regulation, there are various points that are not in Indonesia’s POJK 77 such as the prohibition of guaranteed returns and the division of responsibilities in the supervision of P2P Lending services. With the implementation of these regulations, the authors hope that P2P Lending regulations in Indonesia can be revised so that it becomes more ideal and does not harm the wider community.

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