Qomariyah, Lailatul (2023) Penyelesaian Sengketa Gagal Bayar Debitur Pengguna Shopee Pay Later. Undergraduate thesis, UPN "Veteran" Jawa Timur.
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Abstract
This research aims to find out about the construction of the SPayLater multipurpose financing agreement and dispute resolution mechanism for SPayLater debtor default This research uses the normative juridical method through a literature study. Data sources are obtained from SPayLater multipurpose financing agreements, book literature, scientific papers, news articles, and applicable legislation. Data analysis uses a qualitative approach that is descriptive-analytical by using the SPayLater multipurpose financing agreement as a reference. The results of this study can be concluded that, legally, the construction of P2P lending fintech financing agreements has been regulated in Financial Services Authority Regulation No. 10/POJK. 05/2022 concerning Information Technology-Based Joint Funding Services (LPBBTI). The SPayLater multipurpose financing agreement has been made in accordance with applicable legal provisions and fulfils the legal requirements of the agreement. This financing agreement creates a legal relationship between the creditor and the debtor. The service provider is only an intermediary for the creditor in selecting prospective debtors and resolving disputes internally. There are two (two) factors that cause the default of debtors using SPayLater, namely due to the debtor's own negligence or intentions and the absence of the application of the 5C principle (character, capacity, capital, collateral, and condition) or the principle of prudence in granting loans. The settlement of default disputes is carried out through The settlement of default disputes is carried out through non-litigation mechanisms, either mediation or negotiation, which are then carried out through internal dispute resolution such as periodic billing, billing through third parties, and administrative sanctions. If this method is unsuccessful, a final settlement can be sought, namely a request for arbitration at the Financial Services Sector Alternative Dispute Resolution Institution (LAPS SJK). Keywords: financing agreement, Shopee Pay Later, default, alternative dispute resolution. Dispute Resolution.
| Item Type: | Thesis (Undergraduate) | ||||||||
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| Subjects: | K Law > K Law (General) | ||||||||
| Divisions: | Faculty of Law | ||||||||
| Depositing User: | Lailatul Qomariyah | ||||||||
| Date Deposited: | 25 May 2023 07:51 | ||||||||
| Last Modified: | 25 May 2023 07:51 | ||||||||
| URI: | http://repository.upnjatim.ac.id/id/eprint/13616 |
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