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ANALISIS HUKUM PENYELESAIAN KREDIT MACET DALAM SISTEM PEMBAYARAN PEER TO PEER LENDING (P2P)
The Peer-to-Peer (P2P) lending system, as one of the innovations in digital finance, provides easier access to loans for the public. However, this convenience also creates the problem of non-performing loans, which has become a serious challenge for providers, borrowers, and lenders. This study aims to analyze the legal aspects of resolving non-performing loans in the P2P lending system in Indonesia and to examine the effectiveness of legal protection for the parties involved. This research employs a qualitative approach with a normative juridical method. The choice of this method is based on the research objective, which focuses on analyzing applicable legal rules, making the statutory and doctrinal approaches more relevant. In addition, this study is complemented by case studies on several P2P lending platforms registered with the Financial Services Authority (OJK) to provide an empirical description of the practices in resolving non-performing loans. Data were collected through interviews, direct observations, and documentation of the research objects, and then analyzed descriptively to illustrate the relationship between the prevailing legal provisions and their implementation in practice. The findings indicate that based on OJK Circular Letter Number 19/SEOJK.06/2023, providers are required to conduct debt collection independently, although they may appoint third parties to assist in the collection process. In the event of a payment dispute or loan default, resolution can be pursued through litigation. This study also finds that strengthening the legal framework, enhancing transparency, and establishing more effective dispute resolution mechanisms are necessary to protect creditors’ rights. Moreover, the application of the 3R principles (Restructure, Rescheduling, Reconditioning) and the 5C principles (Character, Capacity, Capital, Collateral, Condition) has not been fully implemented by fintech companies. Although POJK No. 10/POJK.05/2022 regulates the mechanism of P2P lending, legal gaps remain, particularly regarding enforcement and consumer protection. Therefore, stronger regulation, stricter supervision, and integrated dispute resolution mechanisms involving providers, OJK, and law enforcement institutions are urgently needed.
FAKULTAS ILMU SOSIAL DAN HUMANIORA, UIN SUNAN KALIJAGA YOGYAKARTA
NIM.: 21103040147 Reyhan Adriyan Maulana
ANALISIS HUKUM PENYELESAIAN KREDIT MACET DALAM SISTEM PEMBAYARAN PEER TO PEER LENDING (P2P) (Text)
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