Legal Protection Of Information Technology-Based Loan Recipients (Peer To Peer Lending)

., Yusmita (2020) Legal Protection Of Information Technology-Based Loan Recipients (Peer To Peer Lending). Masters thesis, Untag 1945 Surabaya.

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Abstract

Online money lending is a money lending facility by financial service providers that operates online. Online money loans that are directly liquid and unsecured are alternative solutions for people who need cash without having to submit it face to face. There are many online loan application offers through websites on the internet, advertisements on social media (Facebook, Instagram) SMS Blasts, Shopee, and Tokedia. Online money loan applications are one form of economic entrepreneur innovation to continue to follow the flow of globalization which greatly affects economic growth and technological progress. From the description above, this thesis raises the first two problem formulations, what is the form of legal protection for recipients of information technology-based money lenders (peer to peer lending)? and second, how to resolve disputes between recipients and providers of information technology-based money lending (peer to peer lending)? With the aim to analyze the form of legal protection for recipients of information technology-based money lending (peer to peer lending) and to analyze dispute resolution between recipients and providers of information technology-based money lending (peer to peer lending) in the event of default. Through the method of normative juridical approach that is research that uses the main object of study or a study (ontology) is the norm or method or law. Theoretically, this thesis is expected to be useful for legal thinking and the development of science, especially in the field of information technology based loans (peer to peer lending) as well as being expected to be an additional reference for all readers who are interested in examining this issue further. This is expected to provide understanding and input for recipients of information technology-based loans (peer to peer lending) in demanding legal remedies for losses incurred by providers of information technology-based money loans (peer to peer lending). Legal protection for recipients of information technology-based (peer to peer lending) money lenders must implement the basic principles of loan user protection, namely transparency; fair treatment; reliability; confidentiality and data security; and resolution of user disputes in a simple, fast, and affordable way. And businesses offering products through the Electronic System must provide complete and correct information relating to the terms of the contract, the manufacturer, and the product offered. Settlement of disputes between loan recipients and information technologybased (peer to peer lending) money lenders can be resolved through litigation and non-litigation. Settlement of litigation paths is settlement in court by submitting a breach of lawsuit in accordance with statutory regulations and dispute resolution of non-litigation paths (outside the court) can be reached using alternative dispute resolution (APS) by way of Negotiations, Binding Opinions, Mediation, Conciliation, Adjudication, Arbitration and Online Dispute Resolution (PSD). OJK expects all financial service institutions to prioritize negotiations in resolving disputes with customers.

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