PERJANJIAN PINJAM MEMINJAM FINTECH DIHUBUNGKAN KATA SEPAKAT PARA PIHAK SESUAI KETENTUAN PASAL 1320 KUHPERDATA DAN UNDANG UNDANG ITE

Authors

  • Tatang Odjo Suardja Universitas Wiralodra
  • Wulandani Universitas Wiralodra

DOI:

https://doi.org/10.31943/yustitia.v6i2.115

Keywords:

Fintech agreement, agreement, legal protection

Abstract

Nowdays in the era of technology, electronic financial credit through the Financial Technology company Peer 2 Peer (P2P) Lending has become an alternative to lending funds quickly. Although it provides convenience, online loans also have many problems and risks to the public or prospective borrowers who make loan transactions. The fast rate of development is not accompanied by good socialization and understanding so that the impact will only be felt when there are many post-transaction problems. In this study, the method used in this case is the Normative Juridical approach method with data collection techniques by means of literature studies on legal materials, both primary legal materials, secondary legal materials and tertiary legal materials and field studies as a complement. From the legal research that has been done, it can be concluded that the form of agreement that occurs between the parties is when the lender and the loan recipient agree or agree to the terms and conditions provided by the organizing platform which is followed by a statement of will. The statement of intention is carried out by pressing the agreement button (click agreement) in the form of clicking a tick on the platform. In the event of default due to default of debtor, the debtor will still receive protection for his / her rights. The lender can make efforts to obtain his rights as a creditor represented by the organizer in his dealings with the loan recipient. Dispute resolution can be done through non-litigation or litigation as agreed.

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Published

2020-11-30

How to Cite

Suardja, T. O., & Wulandani. (2020). PERJANJIAN PINJAM MEMINJAM FINTECH DIHUBUNGKAN KATA SEPAKAT PARA PIHAK SESUAI KETENTUAN PASAL 1320 KUHPERDATA DAN UNDANG UNDANG ITE. Yustitia, 6(2), 201–216. https://doi.org/10.31943/yustitia.v6i2.115

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Articles