Jurnal Hukum IUS QUIA IUSTUM
Vol. 27 No. 2: MEI 2020

Pengaturan Dan Penerapan Mitigasi Risiko Dalam Penyelenggaraan Peer To Peer Lending Guna Mencegah Pinjaman Bermasalah

Inda Rahadiyan (Fakultas Hukum Universitas Islam Indonesia)
M. Hawin (Fakultas Hukum Universitas Gadjah Mada)



Article Info

Publish Date
25 Aug 2020

Abstract

Public interest in financial technology in the form of peer-to-peer lending (P2PL) is growing rapidly as an alternative provider of loans. In addition, it is a promising investment platform. The process of lending and borrowing between the lender and the recipient of the loan takes place through a system provided and managed by the organizing company that it provides various conveniences. However, the implementation of P2PL is also inseparable from the occurrence of non-performing loans. Regulating and implementing the risk mitigation of non-performing loans is an important issue in the implementation of P2PL. So far, there is no specific regulation regarding risk mitigation of P2PL implementation for non-performing loans, which results in weak legal certainty and protection for lenders. Therefore, the problems examined in this study include: First, how is the risk mitigation arrangement for non-performing loans in the implementation of P2PL in Indonesia? Second, how is the implementation of risk mitigation by the companies that carry out P2PL as an effort to prevent non-performing loans? This research is a normative legal research with a statutory and a conceptual approach. The results of the study concluded that: first, the P2PL risk mitigation arrangements, especially the risk of non-performing loans in Indonesia, are still scattered in several Financial Services Authority regulations and Bank Indonesia regulations. Second, the organizing company implements non-performing loan risk mitigation based on their respective internal policies.

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Journal Info

Abbrev

IUSTUM

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Ius Quia Iustum Law Journal is a peer-reviewed legal journal that provides a forum for scientific papers on legal studies. This journal publishes original research papers relating to several aspects of legal research. The Legal Journal of Ius Quia Iustum beginning in 2018 will be published three ...