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All Journal PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Law and Justice Widya Yuridika Jurnal Bedah Hukum COMSERVA: Jurnal Penelitian dan Pengabdian Masyarakat Journal of Law, Poliitic and Humanities Innovative: Journal Of Social Science Research Jaksa: Jurnal Kajian Ilmu Hukum Dan Politik Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik
Helitha Novianty Muchtar
Universitas Padjadjaran
Arts Humanities Computer Science & IT Economics, Econometrics & Finance Education Industrial & Manufacturing Engineering Law, Crime, Criminology & Criminal Justice Public Health Social Sciences Other

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Journal : widya yuridika

 1 
Perlindungan Hukum Terhadap Konsumen Peer To Peer Lending Atas Perbuatan Melawan Hukum Yang Dilakukan Oleh Debt Collector Deza Pasma Juniar; Agus Suwandono; Helitha Novianty Muchtar
Widya Yuridika Vol 3, No 2 (2020): Widya Yuridika: Jurnal Hukum
Publisher : Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/wy.v3i2.1505

Abstract

The Financial Services Authority (OJK) in carrying out the regulatory function has regulated peer to peer lending in POJK No.77 / POJK.01/ 2016 (POJK LPMUBTI), but in the POJK LPMUBTI does not regulate the use of third parties or debt collector when collecting loans to consumers. This is only regulated in the Code of Conduct created by AFPI and there are still infringement by third parties or debt collectors peer to peer lending to consumers when collecting loans to consumers. This research is to analyse the regulation of the use of third parties or debt collectors in peer to peer lending when collecting loan to consumers and dispute resolution that can be done by consumers against debt collectors who commit unlawful acts in collecting loans. The method used in this article is normative juridical approach, which focuses on examining the implementation of written legal regulations and literatures. The results of this research shows that the Financial Services Authority has not yet regulated about the regulation of the use of debt collectors in peer to peer lending, it is only regulated in the Code of Conduct prepared by AFPI, so that it does not have a legal position thereby causing legal uncertainty. And it also shows that consumers can do dispute resolution in two steps, first complaint through the peer to peer lending providers and the second is through litigation process or non litigation process such as through the Alternative Dispute Resolution Institution (LAPS) provided by the OJK. 
Implementasi Besaran Bunga Peer to Peer Lending Berdasarkan Asas Itikad Baik dalam Pemanfaatan Teknologi Informasi Serta Pengawasannya Anita Khoirunisa; Agus Suwandono; Helitha Novianty Muchtar
Widya Yuridika Vol 3, No 1 (2020): Widya Yuridika: Jurnal Hukum
Publisher : Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (554.038 KB) | DOI: 10.31328/wy.v3i1.1294

Abstract

Peer to Peer Lending (“P2P Lending”) is one of financial technology products as financing alternative for public. The execution of P2P Lending is under supervision of OJK which regulated in POJK Number 77/POJK.01/2016. OJK appointed AFPI as OJK’s strategic partner who is authorized to make regulations on the execution of P2P Lending for Providers which accommodated in Code of Conduct formed by AFPI. In brief, this Code of Conduct contains rules that have not been accommodated in POJK Number 77/POJK.01/2016, which interest rates regulation is a part of the Code of Conduct. Interest rates in P2P Lending only accommodated in Code of Conduct, but it has not been well obeyed by the Providers because there are still infringement in determining the interest rates which exceed the predetermined standard with the unclear interest rate information notice. Therefore, this article aims to analyse the application of P2P Lending interest rates which only regulated in Code of Conduct. Furthermore, researcher will also analyse the utilization of information technology in P2P Lending to find out whether the implementation of P2P is in accordance with the good faith principle of the use of information technology in Law Number 11 of 2008 concerning Information and Electronic Transactions. The results of this legal research indicate that OJK are expected to set loan interest rates in P2P Lending individually so that it can provide legal certainty for each party in P2P Lending which impacts on the implementation of P2P Lending.
Co-Authors Agus Suwandono Alvieta Dewina Anita Khoirunisa Ayu, Miranda Risang AZLIA HANJANI Charles Amirul Hanif Damos Dumoli Agusman Deza Pasma Juniar Dona Regina Napitupulu Fetrya Salsabilla Hanjani Galuh Ajeng Kusumoretno Nugroho Laina Rafianti Muhamad Amirulloh, Muhamad Muhammad Alhidayah Rika Ratna Permata Sandra Salwa Afifah