Analisis Yuridis Fintech Dalam Perjanjian Peminjaman Dana Perspektif Hukum Perdata

The objectives of this study are: a) to determine the legal construction of fintech lending in online fund lending agreements from a civil law perspective; b) to find out the legal responsibilities of the parties in peer to peer fintech lending. The approach method used in this research is the normative method with the type of research used is descriptive. The research results obtained are the legal construction of the fintech lending agreement based on the accordane with the Article 1320 of the Civil Code, including 4 (four conditions), namely; a) There is an agreement between the two parties; b) The ability to take legal actions; c) The existence of a certain thing; d) There is a cause that is lawful. Article 1338 of the Civil Code. Based on the results of research on the legal responsibility of the parties in peer to peer fintech lending, it is carried out based on Bank Indonesia circular letter No. 18/22 / DKSP dated 27 September 2016 concerning the Implementation of Digital Financial Services (LKD). If the parties default in this case in the form of; a) the event of Default: Any event or condition determined; b) Payment Failure; c) Other obligations A does not comply with any provisions in the Transaction Document; d) Statement of Not True; e) Cross default; f) Invalidity: (1) The implementation of obligations based on the Transaction Document is invalid, deemed invalid or invalid.g) Changes that bring material loss; h) Destruction of Collateral