Legal Certainty As An EffortTo Protect Customers Peer To Peer Lending Financial Technology In Indonesia

Abstract

The development of P2P lending fintech in Indonesia is expected to be a solution for people who have not been influenced by conventional banking services. However, the growth of illegal P2P lending fintech creates new legal problems that risk the public who use these financial institution services. The purpose of this research is to explore the concept of legal certainty as an effort to provide legal protection for customers of P2P lending fintech in Indonesia. This research uses normative legal research method and the theory used to analyse the data is legal certainty theory. This research uses a statute and conceptual approach. The result of this research reveals that the regulations related to the industrial licensing of P2P lending fintech have shown legal certainty. This case is manifested through good and clear norms in statutory regulation. However, in its implementation, particularly ones that related to law enforcement of P2P lending fintech executant, it has not been implemented consistently. By this reason, there is no legal certainty for illegal P2P lending fintech actors. Therefore, to achieve legal certainty, law enforcement that is consistent, consequent, and not influenced by subjective circumstances is necessary. With consistent law enforcement, it is expected that legal protection for P2P lending fintech customers can be manifested.
 Keywords: Statutory regulation; fintech; bank services