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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum
Otih Handayani
Faculty of Law, Bhayangkara University, Jakarta
Law, Crime, Criminology & Criminal Justice

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Legal Framework For Crypto Asset Trading As An Effort To Protect Consumers In Indonesia Otih Handayani; Esther Masri; Panti Rahayu; Achmad J. Pamungkas; Muhammad Azam
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 2 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.7134

Abstract

Cryptocurrency has emerged as a disruptive and revolutionary asset in the global financial landscape, transforming how individuals and organizations conduct financial transactions. In Indonesia, cryptocurrency is prohibited as a means of payment but is permitted as a digital asset (crypto asset) that can be traded. Crypto assets operate through a decentralized system that lies outside the control of the government and centralized authorities. As of October 2024, the number of crypto asset consumers in Indonesia reached 21.27 million, and throughout 2024, it has contributed to the development of the digital financial services sector, with transactions amounting to IDR 650.61 trillion. Volatility, illegal crypto asset traders, hacking, and scamming are among the key issues in crypto asset trading. This research is a doctrinal/normative legal study using a statutory approach. It is based on a literature review and analyzed qualitatively. The findings show that the Ijtima Ulama of the National Fatwa Commission VII in 2021 and OJK Regulation (POJK) No. 27 of 2024 indicate that the government is getting involved in crypto asset trading. However, several weaknesses in the POJK, including the unclear position of individual consumers and the absence of mandatory risk mitigation requirements for traders, may result in the lack of security guarantees for consumer crypto assets.
Reformulation of Fintech Peer to Peer Landing Regulations: Critical Review of Predatory Pricing in the Implementation of Interest Rates Otih Handayani; Yudho Taruno Muryanto; Esther Masri
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i2.4969

Abstract

Fintech Peer to Peer Lending (P2P Lending) have interest rates that tend to be higher and installment terms that are more concise than conventional loans. The Business Competition Supervisory Commission (KPPU) suspects that there is a cartel of agreements to determine interest rates by the Indonesian Joint Funding Fintech Association (AFPI) until finallyFinancial Services Authority (OJK) issued Financial Services Authority Circular (SEOJK) No. 19/SEOJK.06/2023 number VI which governregarding the maximum interest rate limit. This research aims to analyze the settingP2P Lending justice-based with a critical review of predatory pricing in the application of interest ratesP2P Lending. This research is doctrinal/normative legal research with a statutory approach. Literature study, analyzed qualitatively. The research results describe that SEOJK No. 19/SEOJK.06/2023 is actually a monopolistic practice by the government which unilaterally protects the Loan Recipient, this is contrary to economic democracy which requires equal opportunities for Lenders and Platforms to participate in encouraging economic growth and the functioning of a fair market economy due to the potential for predatory pricing which can cause Platforms to be unable to develop and even tend to experience business failure.
Co-Authors Achmad J. Pamungkas Esther Masri Esther Masri Muhammad Azam Panti Rahayu Yudho Taruno Muryanto