Roro, Fiska Silvia Raden
Lecturer Faculty of Law, University Airlangga, Indonesia

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Managing The Risk For Fintech Lending Amid The Global Pandemic Corona Virus Usanti, Trisadini Prasastinah; Roro, Fiska Silvia Raden; Setiawati, Nur Utari
Jurnal Hukum & Pembangunan Vol. 51 No. 1 (2021)
Publisher : UI Scholars Hub

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Abstract

The coronavirus (covis-19) is impacting all sectors across the world. Moreover, the covid-19 pandemic will accelerate change in the world economy. That brings both opportunity and danger, says Henry Curr in The Economist. In dealing with global disaster which impacts to the finance and economy world, such as the pandemic of covid-19, fintech lending offers the fastestand the most easy lending service for people in the whole business world nowdays. However, the easy process can cause various problems such as late payment and default in payment. Fintech will suffer from those risks and it can jeopardise the business. Moreover, most of the platforms do not ask for collateral as a requirement. So, in this article, the authors will discuss how fintech should manage their risks in lending using statute and conceptual approach. The results show that fintech should adopt the 5Cs credit analysis (character, capital, capacity, collateral, condition) as a way to minimise their risks. The Financial Services Authority (OJK) has not regulated risk management for fintech. Thus, fintech should follow the existing model from banking institution to manage their risks.
The Characteristics Of Proportionality Principle In Islamic Crowdfunding In Indonesia Roro, Fiska Silvia Raden; Hernoko, Agus Yudha; Anand, Ghansham
Jurnal Hukum & Pembangunan Vol. 49 No. 2 (2019)
Publisher : UI Scholars Hub

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Proportionality is a legal principle not only requires equility of the rights and obligations among parties based on competing values, but also has purpose to deliver justice among parties. This principle is in line with the Al Musawah principle in the Islamic contract or agreement which it also has the same goal: ad ‘adl wa tawazun. This principle is the implementation of the principle of good faith, the principle of transactions based on honesty including in terms of determining the profit margin. The research significance are to provide enhance knowledge about proportionality principle in Islamic crowdfunding in Indonesia, especially in financing contract in Islamic financial technology as a new business innovation scheme. This paper in order to promote the impartial perception and to harmonize the Islamic law and Indonesian laws. The type of the research is legal research. The research methods apply the conceptual approach to the the Islamic crowdfunding under proportionality principle in financing contract.