¹Himawan Prasetyo,² Jeane Neltje Saly

¹Master Program of Law, Faculty of Law, State University of Veteran Jakarta

²Lecturer of Postgraduate Masters in Law, State University of Veteran Jakarta

DOI : https://doi.org/10.47191/ijsshr/v4-i7-08

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ABSTRACT

The main issue discussed in this study are regarding the implementation of financial technology (Fintech) -based lending agreements which regulated in Indonesian positive law and also barrier on legal protection in implementing technology(Fintech) based lending agreements. This study applied a normative research method which collected primary legal sources of legislation and secondary legal sources of books, journals, and other articles related to this study. The implementation of financial technology (Fintech) based lending agreements is regulated in positive Indonesian law which is Financial Services Authority Regulation Number 77 / POJK.01/2016 concerning Information Technology-Based Lending Services. Meanwhile, legal protection in the implementation of technology(Fintech) based lending agreements occurs when the debtor defaults and the creditor commits an unlawful act, both of which occur due to a lack of legal protection arrangements in the Financial Services Authority Regulation.

KEYWORDS:

Fintech, Financial Services Authority, Legal Protection

REFERENCES

Book:
1) Rahardjo, Satjipto, Legal Studies (Bandung, Citra Aditya Bakti, 2000)

2) Shidarta, Indonesian Consumer Protection Law, (Grasindo, Jakarta, 2006)
Journals and Thesis:
3) Wening Novridasat, dkk, “Illegal Fintech Desk Collector Criminal Liability and Protection of Victims”, Jurnal Litigasi, Vol. 21, No.2, Oktober 2020
Legislation:
4) Indonesia, Law Number 8 of 1999 concerning Consumer Protection

5) Indonesia, Law Number 21 of 2011 concerning the Financial Services Authority

6) Indonesia, Financial Services Authority Regulation Number 77 /POJK.01/2016 concerning Information Technology-Based Borrowing-Lending Services

7) Indonesia, Bank Indonesia Regulation Number 19/12/PBI/2017 concerning Implementation of Financial Technology

8) Indonesia, OJK Circular Letter Number 18 /SEOJK.02/2017 concerning Governance and Risk Management of Information Technology in Information Technology-Based Lending and Borrowing Service

VOlUME 04 ISSUE 07 JULY 2021