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Journal : Amicus Curiae

PENERAPAN CUSTOMER DUE DILIGENCE PADA SHOPEEPAYLATER SEBAGAI ALTERNATIF METODE PEMBAYARAN: Application of Customer Due Diligence on ShopeePayLater as an Alternative Payment Method Rozaq, Hendrianto; Santoso, Rahmat
AMICUS CURIAE Vol. 2 No. 1 (2025): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/sp0rm058

Abstract

The existence of financial technology (Fintech) in Peer to Peer Lending (P2P Lending) services with the PayLater scheme is the public's choice for payment transactions in the Shopee application (in collaboration with PT. CF). ShopeePayLater (SPayLater) is a trend today because of its simplicity of activation and use, especially for young people, who tend to choose it over bank credit. However, the lack of selectivity in carrying out Customer Due Diligence on prospective debtor customers can lead to an increase in credit arrears or bad credit which results in default. This relates to the principle of prudence in PT CF's credit policy as a provider of SPayLater. Researchers are interested in researching and making the focus of this research by raising the issue of how is the application of Customer Due Diligence on ShopeePayLater as an alternative payment method? The conclusion of this research is that there is no strict supervision and mechanism for prospective debtor customers, so that Customer Due Diligence does not run according to applicable regulations.
ANALISIS YURIDIS OBJEK JAMINAN DEBITUR YANG DILELANG TANPA MELALUI KEBIJAKAN RESTRUKTURISASI OLEH BANK RAKYAT INDONESIA (STUDI PUTUSAN NOMOR 486/PDT/2021/PT SMG): Yuridis Analysis the Object of The Garanties of Debitures Without Passing the Restructuring Provisions of Bank Rakyat Indonesia (Study Decision Number 486/Pdt/2021/Pt Smg) Syaharani, Claudia; Santoso, Rahmat
AMICUS CURIAE Vol. 2 No. 1 (2025): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/r6zzzm55

Abstract

Rescheduling is a legal strategy offered by financial institutions like banks to aid debtors struggling with debt by adjusting certain terms of their credit agreements, such as payment schedules and loan amounts. However, when banks auction off collateral without adhering to their rescheduling policies, as discussed in high court case No.486/PDT/2021/PT SMG concerning property rights disputes involving guarantees for debt settlement, significant legal consequences arise for debtors of Bank Rakyat Indonesia. This study employs normative legal research using secondary data and employs descriptive qualitative analysis. It concludes that unilateral auctioning of secured assets by the bank, without considering debtor interests via rescheduling, can lead to debtor losses, particularly in terms of forfeiting ownership of guaranteed assets.