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All Journal Al-Iktisab: Journal of Islamic Economic Law
Nugroho, Wisnu Tri
Muhammadiyah University of Surakarta
Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice

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THE PRINCIPLE OF PACTA SUNT SERVANDA IN FINTECH TRANSACTIONS IS REVIEWED THROUGH THE PERSPECTIVE OF USHUL FIQH NUGROHO, WISNU TRI
AL- IKTISAB Journal of Islamic Economic Law Vol 4, No 1 (2020): Al-Iktisab: Journal of Islamic Economic Law
Publisher : Universitas Darusssalam Gontor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21111/al-iktisab.v4i1.4074

Abstract

The principle of Pacta Sunt Servanda as part of the legal principle, which is commonly described as "agreement as applicable to the author" carries its own implications in the practice of society, where the public must perform the agreement Consistently, consequent and full of responsibility. No exception in transactions in Financial Technology (Fintech), the applicability of this principle to be a reference for both parties to equally believe that the transaction process (lending) between them can be held accountable in terms of Moral-ethical laws. The results of the research show that with the trend of ease carried by the Financial technology can erode the essence of the principle of the law itself, and create a destructive mindset which is an agreement of the Regarded as administrative terms that need to be met when conducting transactions on Fintech, so that various provisions inherent to the unreached fintech agreements. In addition to the absence of strict supervision in the process of fintech transactions facilitate the occurrence of fraud against the initial purpose of granting Fintech funds by the loan recipients. The methods used in this study are juridical-normative. The purpose of this research is to describe the validity of the pacta sunt servanda of the agreement on Fintech and describe the pacta sunt servanda basis reviewed through the study of Usul fiqh to soften a concrete solution against Legal problematics that exist on Fintech.
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