Application of 5C Principles in Fintech Financing Agreements Reviewed according to Indonesian Positive Law

Abstract

This research aims to analyze form of regulation of the 5C principles in Fintech financing according to applicable positive law. To analyze the form of legal protection for customers who carry out fintech financing. By using normative legal research methods. Research results The form of regulation of the 5C principles in Fintech financing according to applicable positive law is contained in various regulations consisting of Article 29 paragraphs 2, 3 and 4 of Law no. 10 of 1998, Article 26 paragraph (1) of the ITE Law, Bank Indonesia Regulation no. 13/25/PBI/2011 concerning Prudential Principles for Commercial Banks, Bank Indonesia Regulation Number 14/2/PBI/2012 concerning the Implementation of Card Payment Instruments, Bank Indonesia Regulation Number 19/12/PBI/2017 concerning the Implementation of Financial Technology, Financial Services Authority Regulation no. 77/POJK.01/2016 concerning Information Technology-Based Lending and Borrowing Services, and Financial Services Authority Regulation Number 37/POJK.04/2018 concerning Crowdfunding Services Through Information Technology-Based Share Offerings ( Equity Crowdfunding) . Forms of legal protection for customers who carry out fintech financing. There are two forms of legal protection, namely preventive legal protection consisting of legal protection for users of fintech services, especially online lending and borrowing. Before a dispute occurs, preventive measures can be taken by the lending and borrowing service providers. online based. The organizer's efforts before a dispute occurs are to apply the basic principles of legal protection for service users. These principles are regulated in Article 29 POJK Number 77/POJK.01/2016 concerning Online Money Lending and Borrowing Services, including the principles of transparency, fair treatment, reliability, success and data security, and simple, fast, user dispute resolution. and affordable costs and means of repressive legal protection, to resolve disputes that have occurred. This legal protection can only be implemented after a dispute arises, such as administrative sanctions and criminal sanctions if there is negligence committed by the Fintech institution. Disputes in online money lending and borrowing services can occur between users and other users or between users and service providers.