Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)

Abstract

Borrower's right to a sense of security in illegal peer to peer lending in Indonesia perspective of dignified justice theory

Author(s): Rizky Pratama Putra Karo Karo

Peer to peer lending provides benefits for prospective borrowers who needs money, but do not have the qualification as borrowers in the Bank. Borrowers on a peer-to-peer lending are required to provide an accurate personal data, in the form of full names, bank account numbers, active mobile numbers, and a residential number. In Indonesia, legal peer-to-peer lending must be licensed by the Financial Services Authority, but there are some illegal peer-to-peer lending services that are utilized by the people of Indonesia. The purpose of this article is to analyze the right to a sense of security owned by borrowers in illegal peer to peer lending in Indonesia. The research methods used are normative juridical, utilizing secondary data, and qualitative analysis. The results of the study are based on the perspective of the theory of dignified justice, a theory based on the norms of Pancasila, and is aiming to humanize human, by emphasizing that illegal peer to peer lending must respect the right to security entitled to the borrowers, by collecting receivables with the sense of humanity, with no online threats, and to advice the organizers of illegal peer to peer lending to conduct a negotiation of debt restructuring with debtors. Based on the theory of dignified justice, the consumers or borrowers are entitled the right to complaint and are protected by authorized institutions in Indonesia, such as the Financial Services Authority.

Get the App