Tinjauan Yuridis Prinsip Kehati - Hatian Dalam Fintech Peer To Peer Lending Terhadap Pengguna Berdasarkan Hukum Positif Di Indonesia

Agustiarso, Muhamad Marsandi (2025) Tinjauan Yuridis Prinsip Kehati - Hatian Dalam Fintech Peer To Peer Lending Terhadap Pengguna Berdasarkan Hukum Positif Di Indonesia. Undergraduate thesis, UPN Veteran Jawa Timur.

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Abstract

Rapid developments in information technology, including in the field of finance, have led to the emergence of Fintech with its Peer to Peer Lending services. has brought significant impacts on society by providing tangible benefits, but it does not rule out the possibility of risks arising in the implementation of Fintech Peer to Peer Lending services. Therefore, the principle of prudence is required in Fintech P2P Lending services. This study aims to review the principle of prudence in Fintech P2P Lending services by formulating regulations on the principle of prudence in Fintech P2P Lending and the legal implications of not applying the principle of prudence. The research method used is normative juridical with a statute approach and conceptual approach. The regulation of the principle of prudence in Fintech P2P Lending services is regulated in Financial Services Authority Regulation (POJK) No. 10/POJK.05/2022 concerning LPBBTI as the legal basis for the implementation of Peer to Peer Lending services. In addition, Bank Indonesia Regulation (PBI) No. 19/12/PBI/2017 concerning the Implementation of Financial Technology also regulates the obligation to apply the principle of prudence. The implementation of Fintech P2P Lending services must go through a testing mechanism to obtain a business license through a regulatory sandbox based on POJK No. 3 of 2024 concerning the Implementation of Financial Sector Technology Innovation (ITSK). The legal implications for operators who do not apply the principle of prudence are administrative sanctions in the form of 3 (three) written warnings, business restrictions, and finally revocation of the business license. Keywords: Fintech, Peer to Peer Lending, Principle of Prudence,

Item Type:

Thesis (Undergraduate)

Contributors: