Analisis Pelaksanaan Pemberian Pembiayaan Berbasis Teknologi Informasi Oleh Financial Technology

Cahya, Dwi Ryan and , Wardah Yuspin, S.H.,M.Kn.,Ph.D. and , Kelik Wardiono, S.H., M.H. (2020) Analisis Pelaksanaan Pemberian Pembiayaan Berbasis Teknologi Informasi Oleh Financial Technology. Thesis thesis, Universitas Muhammadiyah Surakarta.

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Abstract

The fintech transactions that have been carried out so far in Indonesia have raised many important issues, namely the misuse of the personal data of fintech users, where many cases of illegal online loans have arisen accompanied by inappropriate threats from fintech agents that create public trust in platforms fintech is decreasing. Many adverse impacts and risks are felt by the community due to the use of this illegal fintech platform. The role and function of OJK supervision is absolutely necessary in order to prevent negative impacts caused by illegal fintech and legal fintech with improper billing techniques that spread and harm the community. The purpose of this paper is to examine the impact of the implementation of information technology-based crediting by fintech to the public and business actors and examine the form of supervision of the Financial Services Authority on protecting the personal data of the public and business users of fintech users. In this study the authors used an empirical approach. Referred to as empirical legal research or also referred to as non-doctrinal research, by examining primary data in the field by examining the impact of the implementation of technology-based crediting and the form of supervision of the Financial Services Authority on protecting personal data of the public and business users of fintech users. In this study the authors took data with fintech users and victims of illegal fintech in the Surakarta region and the Surakarta OJK. The results of the study in this discussion mentioned that many cases of illegal fintech targeting the lower middle class community. Fintech financing has been misused its function and purpose from initially providing financing towards falsification and even misuse of personal data. OJK is still waiting for the step of the government and lawmakers in formalizing the Personal Data Protection Bill. Related to the temporary legal umbrella that has been prepared by OJK in the context of oversight of fintech has been regulated in OJK Regulation No.13 / POJK.02 / 2018 concerning Digital Financial Innovation in the Financial Services Sector which contains important points related to the regulation of fintech in Indonesia, in among others, that fintech must meet the scope and criteria of the IKD, arrangements that fintech must take the form of a PT or cooperative legal entity and arrangements regarding Regulatory Sandbox. Even more important is related to the protection and confidentiality of borrower or consumer data as regulated in Article 30 paragraph (2) whereby the fintech party must obtain consent from the user, convey limits and changes if there is a change in the use of data and information to the user. All of this has been stipulated in POJK and there is no government regulation that clearly stipulates fintech restrictions on users' personal data in the form of the Personal Data Protection Act.

Item Type:	Karya ilmiah (Thesis)
Uncontrolled Keywords:	financial technology, fintech, pembiayaan, teknologi informasi
Subjects:	K Law > K Law (General) K Law > KF United States Federal Law
Divisions:	Fakultas Pasca Sarjana > Magister Hukum
Depositing User:	Unnamed user with username r100160015
Date Deposited:	21 Aug 2020 06:32
Last Modified:	24 Aug 2020 04:54
URI:	http://eprints.ums.ac.id/id/eprint/84029

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