Track: Undergraduate Student Paper Competition

Abstract

In Indonesia, the development of fintech has emerged since 2006. In September 2015 fintech companies in Indonesia only gained public trust since the establishment of the Indonesian Fintech Association (AFI). At that time, people had looked at one of the Fintech-based loans, namely Peer-To-Peer Lending (P2PL) because it had its own advantages compared to banks, this was because not many people could meet the collateral requirements in applying for loans. Then, the Otoritas Jasa Keuangan (OJK) issued a special regulation, namely the POJK No.77/POJK.01/2016 concerning Information Technology-Based Lending and Borrowing Services. The legal relationship between the parties in Peer To Peer Lending arises because of an agreement that has been agreed upon by both parties that is binding and creates rights and obligations for each party. The Peer To Peer Lending service system requires clear authorization from the lender to the provider to channel the funds to the Debtor (loan recipient). However, it is possible that with all the conveniences obtained there will be no legal problems. Considering that it is very risky because the parties do not directly carry out the agreement or transact. So that legal protection both preventively and repressively is needed for legal certainty for the parties in the event of default and/or default from both the loan recipient and the organizer. In this regard, this research further aims to find out and analyze how the concept of legal protection for the parties, especially the organizers is related to the risk of default and/or default in Peer To Peer Lending-based loan services.