TY  - THES
N1  - Dr. Abdul Mug h its , Ag., M.Ag.
ID  - digilib79028
UR  - https://digilib.uin-suka.ac.id/id/eprint/79028/
A1  - Abdullah Rasyid Lubis, NIM.: 24203011032
Y1  - 2026/08/10/
N2  - The development of peer-to-peer lending services, or Information Technology-Based Joint Funding Services (LPBBTI), has established contractual relationships among platform providers, lenders, and borrowers, which are predominantly embodied in standard-form agreements. This condition raises legal issues when such agreements contain clauses that limit or transfer the platform provider?s liability for risks arising from lending activities. This study aims to analyze exoneration clauses contained in the user agreements of Modalku and Akseleran from the perspective of positive law and Islamic law, particularly the principle of al-?Ad?lah f? al-?Uq?d and the legal maxim al-?unmu bi al-?urmi.
This research employs normative legal research using a statutory approach and a conceptual approach. The primary legal materials consist of the Modalku User Agreement and the Akseleran User Agreement, while secondary legal materials are obtained from relevant books, scholarly journals, and Islamic economic law literature. The findings indicate that the clauses contained in the Modalku and Akseleran contracts may be categorized as exoneration clauses when, in substance, they limit or transfer the platform provider?s liability to users. From the perspective of positive law, the existence of such clauses must be assessed based on provisions governing standard-form agreements and consumer protection, as well as the Financial Services Authority (OJK) regulations concerning restrictions on exoneration clauses.
From the perspective of al-?Ad?lah f? al-?Uq?d, exoneration clauses cannot be justified when they create an imbalance between the rights and obligations of the parties and disproportionately impose risks upon lenders. Meanwhile, based on the legal maxim al-?unmu bi al-?urmi, risks inherently associated with the benefits of financing may be borne by the lender, whereas risks arising from the platform provider?s functions, obligations, errors, or negligence remain the responsibility of the platform provider. Therefore, the limitation of liability in peer-to-peer lending contracts cannot be justified absolutely but must be assessed based on the relationship between the benefits, risks, functions, and responsibilities of each party.
PB  - UIN SUNAN KALIJAGA YOGYAKARTA
KW  - Klausula Eksonerasi
KW  -  Peer To Peer Lending
KW  -  al-?Adalah fi al-?Uqud
KW  -  al-Gunmu bi al-Gurmi
M1  - masters
TI  - KLAUSULA EKSONERASI DALAM KONTRAK PERJANJIAN PEER TO PEER LENDING PERSPEKTIF HUKUM POSITIF DAN HUKUM ISLAM
AV  - restricted
EP  - 163
ER  -