CD Tesis
Analisis Yuridis Penerapan Azas Itikad Baik Dalam Penetapan Suku Bunga Pada Perjanjian Financial Technology Peer To Peer Lending (Pinjaman Online) Dalam Perspektif Hukum Bisnis
This study aims to analyze and examine the Application of Good Faith
Principles in Determining Interest Rates in Financial Technology Peer To Peer
Lending Agreements (Online Loans) in the Perspective of Business Law. The
principle of good faith in the use of information technology and electronic
transactions is very necessary, because if the principle of good faith is not
fulfilled, especially in the implementation of Financial Technology Business
Transactions that utilize information technology in its use, it will have an impact
on not achieving the objectives of the principle of expediency. The implementation
of P2P Lending in practice until now still raises various problems, one of which is
the information notification regarding the amount of loan interest which is
unclear on the P2P Lending site or platform owned by the Operator.
The results of the study show that interest rates for P2P Lending loans are
only regulated in the Code of Conduct. The position of the Code of Conduct which
is not one of the laws and regulations raises questions as to whether the Code of
Conduct has a definite legal standing, because this will have an impact on
notification of information regarding P2P Lending loan interest rates that are
unclear and can be misused for the benefit of certain groups. In a business law
perspective, good faith has an additional function, which means that rights and
obligations can also arise due to good faith without being previously regulated by
an agreement and good faith can also limit and override the enactment of
regulations previously stipulated by an agreement. Determination of interest rates
on fintech agreements that cause problems are fintech agreements that are
carried out without applying the values contained in good faith. That in good faith
always put forward that no one is allowed to enrich himself at the expense of
others.
Keywords: Good Faith, Determination of Interest Rates, Financial Technology
Peer To Peer Lending Agreement
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