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All Journal Srawung: Journal of Social Sciences and Humanities Jurnal Hukum dan Pembangunan
Setiawati, Nur Utari
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Arts Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

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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
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.
DEBT CHARACTERISTICS IN FINANCING BASED ON PROFIT SHARING PRINCIPLES IN SHARIA BANKS Usanti, Trisadini Prasastinah; Nurwahjuni, Nurwahjuni; Setiawati, Anindya Prastiwi; Setiawati, Nur Utari
Srawung: Journal of Social Sciences and Humanities Vol. 4 Issue 2 (2025)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jssh.v4i2.764

Abstract

One of the fundamental principles underlying financing in sharia banks is the principle of profit sharing, specifically in mudharabah and musyarakah contracts. These financing schemes are characterized by the sharing of business profits and losses. However, the term “debt” appears in the clauses of mudharabah and musyarakah financing contracts in sharia banks and in several Religious Court decisions. In fact, financing based on the profit-sharing principle constitutes a partnership between capital and labor, not a debt or credit contract. Therefore, in mudharabah financing, if a loss occurs that is not due to the negligence of the capital manager (mudharib), it is borne by the capital owner (shahibul maal), whereas in musyarakah financing, losses are borne jointly. This study examines the issue of debt in financing based on the profit-sharing principle. The approaches employed include statutory, conceptual, and case law analysis. The term “debt” in this context refers to an outstanding obligation in the form of financing capital and the profit-sharing portion derived from the ongoing business income of the mudharib, which is the rightful share of the shahibul maal. However, the profit-sharing portion from a business that has ceased operations is not considered a debt that the mudharib is obligated to repay to the shahibul maal.
Co-Authors Anindya Prastiwi Setiawati Fiska Silvia Raden Roro Nurwahjuni, Nurwahjuni Trisadini Prasastinah Usanti