Widya Yuridika
Vol 3, No 2 (2020): Widya Yuridika: Jurnal Hukum

Perlindungan Hukum Terhadap Konsumen Peer To Peer Lending Atas Perbuatan Melawan Hukum Yang Dilakukan Oleh Debt Collector

Deza Pasma Juniar (Universitas Padjadjaran)
Agus Suwandono (Universitas Padjadjaran)
Helitha Novianty Muchtar (Universitas Padjadjaran)



Article Info

Publish Date
27 Nov 2020

Abstract

The Financial Services Authority (OJK) in carrying out the regulatory function has regulated peer to peer lending in POJK No.77 / POJK.01/ 2016 (POJK LPMUBTI), but in the POJK LPMUBTI does not regulate the use of third parties or debt collector when collecting loans to consumers. This is only regulated in the Code of Conduct created by AFPI and there are still infringement by third parties or debt collectors peer to peer lending to consumers when collecting loans to consumers. This research is to analyse the regulation of the use of third parties or debt collectors in peer to peer lending when collecting loan to consumers and dispute resolution that can be done by consumers against debt collectors who commit unlawful acts in collecting loans. The method used in this article is normative juridical approach, which focuses on examining the implementation of written legal regulations and literatures. The results of this research shows that the Financial Services Authority has not yet regulated about the regulation of the use of debt collectors in peer to peer lending, it is only regulated in the Code of Conduct prepared by AFPI, so that it does not have a legal position thereby causing legal uncertainty. And it also shows that consumers can do dispute resolution in two steps, first complaint through the peer to peer lending providers and the second is through litigation process or non litigation process such as through the Alternative Dispute Resolution Institution (LAPS) provided by the OJK. 

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Journal Info

Abbrev

yuridika

Publisher

Subject

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

Description

WIDYA YURIDIKA: Jurnal Hukum, published by the Faculty of Law, Universitas Widyagama Malang, as a forum of scientific publications for legal scientists and humanities who have a concentration in the field of law and human rights. Widya Yuridika published two times annually, on June and December. ...