Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora
Vol. 3 No. 5 (2026): September: Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora

Analisis Yuridis Wanprestasi dalam Perjanjian Elektronik Pinjam Meminjam Berbasis Teknologi Informasi (Fintech)

Rinaldi Ravelino Wahyu (Universitas Slamet Riyadi)
Dora Kusumastuti (Universitas Slamet Riyadi)
Puspaningrum Puspaningrum (Universitas Slamet Riyadi)



Article Info

Publish Date
30 Sep 2026

Abstract

The development of fintech peer-to-peer lending has introduced electronic agreements that create legal consequences for lenders and borrowers, particularly when contractual obligations are not fulfilled. This study aims to examine the validity and legal force of electronic agreements in fintech peer-to-peer lending services and to analyze the judge's legal considerations in resolving the default dispute in Decision Number 267/Pdt.G/2020/PN Bdg. This research employs normative legal research using a statutory approach and a case approach. Legal materials were collected through library research involving legislation, court decisions, legal books, and relevant literature, followed by qualitative analysis. The findings indicate that the electronic agreement in the case fulfilled the validity requirements stipulated in Article 1320 of the Indonesian Civil Code and possessed legal force and evidentiary value under the provisions of the Electronic Information and Transactions Law. The judge's determination of default was based on the existence of a contractual relationship, the borrower's receipt of funds, failure to fulfill payment obligations, and electronic evidence presented during the trial. The judge also determined the borrower's liability based on the terms of the agreement and assessed the plaintiff's claims according to their legal basis and evidentiary strength. The decision therefore reflects an effort to establish legal certainty and provide balanced legal protection for the parties involved.

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Journal Info

Abbrev

Aliansi

Publisher

Subject

Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Topics of interest in the Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora in particular include the study of Communication, Politics, Government, International Relations, and Social ...