Pena Justisia: Media Komunikasi dan Kajian Hukum
Vol. 23 No. 002 (2024): Pena Justisia (Special Issue)

How to Regulate an illegal platform in P2P Lending? (Evidence From Indonesia and Global Approach)

Suryono, Arief (Unknown)
Kharisma, Dona Budi (Unknown)
Wanda Yunitha Purba, Agata (Unknown)



Article Info

Publish Date
03 Dec 2024

Abstract

The aim of this studi is: (1) to scrutinize the legal predicaments pertaining to the governance of Peer-to-Peer (P2P) lending in Indonesia, by drawing comparisons with the regulatory frameworks of the United States and the United Kingdom, and (2) to devise the optimal legal mechanism for the regulation of P2P lending transactions. This study employs a normative legal research methodology utilizing comparative and legal approaches to investigate the regulatory frameworks for P2P lending in Indonesia, the United States, and the United Kingdom. The legal materials used in this study solely pertain to P2P lending regulations and were collected using library research techniques. The expansion of P2P lending in Indonesia has been impeded by the widespread prevalence of unlawful P2P lending practices. A comparative evaluation of the regulatory structures of the United States and the United Kingdom highlights that the insufficiency of regulatory measures has played a role in aggravating this issue. The UK's well-structured and comprehensive regulations, which provide robust protections, are worth emulating and implementing, especially considering that P2P lending in the UK is successful and dominates the European economic market. Meanwhile, the strict information disclosure and platform registration rules implemented in P2P lending in the United States are essential regulatory factors that the OJK should consider in its supervision of P2P lending in Indonesia.

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Journal Info

Abbrev

hk

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Pena Justisia aims to provide a forum for lecturers and researchers to publish the original articles about Law Science. Focus of Pena Justisia is publishing the manuscript of outcome study, and conceptual ideas which specific in the sector of Law science. We are interested in topics which relate ...