%A NIM.: 21203012093 Desti Rianawati, S.H.I.
%O Pembimbing: Dr. Sri Wahyuni, S.Ag. M. Hum
%T ANALISIS PENEMUAN HUKUM PERKARA PUTUSAN NOMOR 267/PDT.G/2020/PN.BDG PENYELESAIAN SENGKETA PERJANJIAN FINANCIAL TECHNOLOGY PEER TO PEER LENDING
%X The development of the type of financial technology P2P lending in
Indonesia, started with the development of “Fintech” in general, then developed
not only into a transaction tool but also lending (loans) and crowfunding.
According to the data search on March 9, 2023, the total financial technology
P2P lending (fintech lending) organizers in Indonesia who have a license
according to the list issued by the OJK are as many as 102 companies with a
comparison of 7 Shariah and 95 conventional. The development of the financial
technology P2P lending has been accompanied by the problems arising as a
result of the rapid growth of public interest in terms of financial technology
Lending, as well as the increasing number of companies in the practice Lending
also have many problems, as has the appearance of a dispute in the court
concerning financial technology lending P2p proved the discovery of 4 (four)
judgment of the State Court, from the year 2019 to the year 2023 in the case of
Financial Technology Lending. Based on that, the research wants to try to
analyze how the method of legal discovery of dispute resolution of financial
technology P2P lending agreement in the judgment Nomor
267/Pdt.G/2019/Pn.Bdg? and how Maqāṣid Asy-Syarīʻah views the legal
discoveries of the judge in the verdict?
This research is a legal research, a qualitative research model using the
type of research library research with the use of descriptive-analysis investigation
properties as a method of displaying the entire data on court rulings on the case
of P2P finance technology lending, which was then analyzed using the theory of
legal discovery and maqāṣid asy-Syarīʻah to answer questions in this research.
Based on the analysis in this study it was found that, in the method of legal
discovery of dispute decision Financial Technology P2P Lending uses a
combination of “Law or Regulation Section” and “Uncompleted Law or
Regulations Section" with the Method of Interpretation-Analogy in its legal
invention used, with the intention of digging section 1338 in settling the dispute
financial technology p2p lending agreement that has a type of innominate
agreement. Then the legal discovery of the judge here in judgment Nomor
267/Pdt.G/2020/Pn. Bdg is not consistent with the intention of Maqāṣid asy-
Shāri', but can be considered if we draw the line of separation between the
worldly goods of the ukhrawi, the judgment made by the judge accomplish from
the point of view of the element of mukallaf, because the completion of the judges'
decision here, although the creation of the law is as a rule made to regulate the
rights and obligations of the parties or human but the purpose of law is no other
also in order to the purposes of the goods in the world.
%K Putusan, Financial Technologi, Peer To Peer Lending, Perjanjian,
Maqaṣid Asy-Syariʻah
%D 2024
%I UIN SUNAN KALIJAGA YOGYAKARTA
%L digilib66529