PERLINDUNGAN HUKUM TERHADAP BANK PEREKONOMIAN RAKYAT SEBAGAI LENDER PADA PEMBIAYAAN PEER TO PEER LENDING

Abstract

In the development of financing through financial technology in the current digital era, it is one of the easiest forms of financing. Bank Perekenomian Rakyat hereinafter referred to as BPR which acts as a creditor provides funds in peer to peer lending financing. BPR will channel funds to debtors through the organizer, namely fintech lending. Fintech lending acts as an intermediary between BPR as a creditor and debtors. The distribution of loan funds through peer to peer lending is a form of innovation for BPR in providing credit services to the public. Fintech lending will look for debtors and then offer them to creditors to finance the debtor's credit needs. Before the distribution of financing from BPR as a creditor to the debtor, the BPR and fintech lending will first make a cooperation agreement. When the credit distribution is carried out, the fintech lending party will act as the power of attorney of BPR based on the cooperation agreement made, which has the authority to provide loan funds to debtors. So many regulations have been made for the distribution of peer to peer lending loans, but we must know how effective these regulations are in practice. There are many impacts that occur with financing through peer to peer lending, both positive and negative impacts. Problems occur when the debtor has defaulted, this will certainly have an impact on BPR as a provider of funds. With the emergence of this risk, it is necessary to study legal protection for BPR as a provider of funds if the debtor defaults. In this research approach, a normative legal approach or an approach based on statutory regulations using empirical data is used. That based on the protection of the People's Economic Bank as a lender in peer to peer lending financing, it can get certainty that there will be protection and efforts that can be made by BPR as a creditor in minimizing the risk of default for financing through peer to peer lending.