Art Original

Penyelesaian Pinjaman Online dalam Perspektif Asas Itikad Baik

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Online loans are a form of loan that is made online via an application or website without providing collateral for assets. The way online loans work is that the organizer only acts as an intermediary who brings together lenders and loan recipients. Of the various services provided by fintech providers, one of the services that attracts many enthusiasts is the money lending and borrowing service and information technology-based capital procurement or what is known as Peer to Peer Lending, where people are more familiar with this term as online loans (pinjol ). The existence of fintech peer to peer lending services or more familiar to the public as online loan services (pinjol) is directly supervised by the official body of the Financial Services Authority (OJK) Article 1 paragraph 3 POJK NO.77/2016 "fintech online loans (pinjol) "This is a financial services provider that bridges between lenders and loan recipients to make loan and borrowing agreements using Rupiah currency directly." The problem formulation in this research is how to resolve online loans from the perspective of the principle of good faith? And what are the obstacles encountered in completing online loans from a good faith perspective? This type of research uses the Normative Law method. Data sources are primary and secondary legal materials, data is collected using recording techniques in obtaining primary and secondary legal materials, namely reviewing several reading materials such as journals, scientific books and statutory regulations. Based on the results of the author's research and discussion, based on the Financial Services Authority (OJK) report, the value of Fintech Lending or online loans in Indonesia reached IDR 22.76 trillion as of March 2024. This nominal grew 8.89% from the previous month which amounted to IDR 20, 90 trillion. The figure in March 2024 also skyrocketed by around 15.35% from the same period in the previous year which amounted to IDR 19.73 trillion in March 2023. Loan distribution in March 2024 went to 9.78 million loan recipient accounts. The number of borrowers rose 6.36% monthly. Therefore, when implementing a cooperation agreement, the parties must have good faith in order to create a balance of rights and obligations. If a dispute or default occurs in the implementation of an online-based money lending and borrowing agreement, the legal resolution is as regulated in Article 29 letter e POJK Number 77/POJK.01/2016 which explains that dispute resolution between the parties must be carried out simply, quickly and also at an affordable cost. The parties can take 2 (Two) ways to resolve their dispute, namely through litigation and non-litigation.

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Detail Information

Call Number

Hukum 332.3 Sel p

Language

Indonesia

NPM

221022181

Publisher

Ilmu Hukum : Universitas Islam Riau., 2024

Keyword(s)

Agreement
Online Loans
Financial Technology (Fintech)

Other Information

Petugas

Uthi Kurnia

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