Lestari, Meidiana Indah and Dr. Reka Dewantara,, S.H., M.H and Ranitya Ganindha, S.H., M.H (2022) Urgensi Analisis Kelayakan Sebagai Mitigasi Risiko dalam Menjaga Tingkat Kesehatan Penyelenggara LPMUBTI. Sarjana thesis, Universitas Brawijaya.
Abstract
Fintech Peer to Peer Lending or Information Technology Based Money Lending and Borrowing Service (LPMUBTI) which brings together loan recipients (borrowers) with lenders (lenders) directly through a provider platform, apart from providing convenience for the public, can also provide risks, especially the risk of default, so it is needed mitigating risks in the event of payment default. In the Financial Services Authority Regulation Number 77/POJK.01/2016, it regulates risk mitigation obligations that must be carried out by administrators, but there are no specific risk mitigation aspects. There are no risk mitigation arrangements in the form of loan recipient eligibility analysis. Until now, standards regarding analysis have not been set. eligibility of loan recipients in LPMUBTI. Referring to the problem formulation and objectives of this research, the author uses three types of approaches, including, namely, the statutory approach, the analytical approach, and the conceptual approach. The legal materials used in this research are primary legal materials and secondary legal materials obtained by researchers and then analyzed using descriptive techniques and evaluation techniques. From the results of the review according to the problem definition and techniques described above, LPMUBTI organizers can minimize payment defaults that occur in order to provide protection for lenders who have funds and maintain the health level of LPMUBTI organizers. The conceptualization of the loan recipient eligibility analysis arrangements refers to POJK Number 42/POJK.03/2017 which regulates debtor eligibility analysis in banks, in this case the bank and LPMUBTI have the same risk of default, money lending and borrowing system, the object of money as an agreement and function. intermediation.
English Abstract
In this thesis, the author raises the issue of the Urgency of Regulation Regarding Feasibility Analysis of Loan Recipients as Risk Mitigation in maintaining the health level of LPMUBTI organizers. The choice of theme was motivated by the absence of default risk mitigation arrangements for LPMUBTI. In information technologybased lending and borrowing services, arrangements regarding debtor eligibility analysis or bank credit analysis can be used as a reference, but this must still be adjusted considering that banking and information technology-based lending and borrowing services have quite basic differences in characteristics. Based on this, this paper raises the formulation of the problem: (1) what is the urgency of the regulation regarding the feasibility analysis of borrowers as risk mitigation in maintaining the health level of LPMUBTI organizers? (2) How is the conceptualization of arrangements regarding the analysis of the feasibility of borrowers as risk mitigation in maintaining the health level of LPMUBTI organizers? Then the writing of this paper uses a normative juridical method with a statute approach, an analytical approach and a conceptual approach. The legal material obtained by the author will be analyzed using descriptive analysis and evaluation techniques, in this case the author collects legal materials such as legislation, books related to financial technology and financial service authorities, besides that the author also searches sources from the internet by accessing websites. -Official sites such as e-books, e-journals or official articles published online. The purpose of this descriptive writing and evaluation is to clearly describe a situation regarding a legal event or legal condition as well as the determination and consideration of values based on data and information collected, analyzed, and interpreted systematically. From the results of the research using the method above, the authors obtain answers to the existing problems that there is a philosophical, juridical and sociological urgency that makes arrangements regarding the feasibility analysis of loan recipients as risk mitigation in maintaining the health level of LPMUBTI needed in an effort to prevent default and can maintain the level of health platform for LPMUBTI organizers. Then in the Financial Services Authority Regulation Number 77/POJK.01/2016 accommodates risk mitigation but does not regulate risk mitigation regarding the feasibility analysis of loan recipients to prevent the risk of default so it needs to be changed. Due to the incompleteness of the norms for resolving these problems, the Financial Services Authority Regulation Number 42/POJK.03/2017 regarding credit analysis can be used as a reference for the LUBTI provider to prevent the risk of default of health care providers as a conceptualization of the LUBTI loan provider's previous feasibility analysis as a conceptualization from the author.
| Item Type: | Thesis (Sarjana) |
|---|---|
| Identification Number: | 052301 |
| Divisions: | Fakultas Hukum > Ilmu Hukum |
| Depositing User: | Pitoyo Widhi Atmoko |
| Date Deposited: | 18 Jan 2024 06:34 |
| Last Modified: | 18 Jan 2024 06:34 |
| URI: | http://repository.ub.ac.id/id/eprint/209510 |
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