CD Skripsi
Perlindungan Hukum Bagi Kreditur Yang Mengalami Kredit Macet Pada Lembaga Pembiayaan Online/Elektronik Dikaitkan Dengan Prinsip Kehati-Hatian
ABSTRACT
The geographic location of Indonesia which is an archipelago. Community outreach to banking services is difficult because banking itself is uneven. Banking services are only piled up in the city center, lacking in touch with people in remote areas. This has led to disparities in welfare in Indonesia due to uneven national economic development. Financing Institutions as another alternative financing, so that funding institutions are created that are more flexible and moderate than banks, which in certain cases the level of risk is even higher, such as coin cooperatives with peer to peer lending models. The service provider is only a party that brings the leander and borrower together. Based on the Financial Services Authority Regulation Number 77 / POJK.01 / 2016 concerning Information Technology Lending and Borrowing Services and Financial Services Authority Regulation Number 13 / POJK.02 / 2018 concerning Digital Financial Innovation in the Financial Services Sector.
This research is a research that uses a normative juridical approach, namely research that is focused on examining the application of legal norms or norms in positive law and with the type of library research (Library Research).
The conclusion from the writing of this thesis, the first cause of the emergence of bad loans The lending mechanism that does not pay attention to the Precautionary Principle becomes the cause of the emergence of bad credit risk in this case will harm the leander as a lender. The precautionary principle is only emphasized on the mechanism of Islamic Banking. While the Funding Institution should use the principle of prudential mechanism in selecting the recipient of the loan or borrower because the use of third party services in identifying the borrower's data is not effective. Online / electronic Loan Financing Institutions with peer to peer lending mechanisms, there are at least three 5C principles that are not applied in lending namely Character, Capacity, and Collateral are three principles that are not applied by online loan providers with the aim of making it easier for borrowers to apply for loans. Second, protection for leanders in the event of bad credit at online / electronic financing institutions is provided by the provisions of Article 37 POJK Number 77 / POJK.01 / 2016 concerning Information Technology Lending and Borrowing Services and Article 40 POJK Number 1 / POJK.07 / 2013 Year 2013 About Consumer Protection in the Financial Services Sector.
Keywords: Peer To Peer Lending , Legal Protection, OJK.
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