Debtor Protection Research Articles

Perlindungan Hukum bagi Debitor di Indonesia Sehubungan Tidak Adanya Insolvency Test

The embodiment of legal protection for debtors whose companies still have the prospect of continuing but the debtor's financial condition in a state of inability to pay must be declared bankrupt due to the absence of an insolvency test which is considered contrary to the application of the going concern principle, which is related to the existence of expectations regarding the concept of the Indonesian Bankruptcy Law. in the future, especially regarding the shift in the purpose of the Bankruptcy Law, where initially the Bankruptcy Law aimed to liquidate debtor's assets, so it is hoped that in the future the Bankruptcy Law will in its development change as a means of reorganizing debtors in continuing their business activities, where this goal is not embodied in Law Number 37 of 2004 concerning Bankruptcy and PKPU.

Research on the Vague Excessive Attachment of Compulsory Enforcement Act: In relation to the Regulations of German Compulsory Enforcement Act

我國原則上禁止私力救濟，惟強制執行作為私權實現之合法管道，亦應有所限制，避免過度侵害他人權利。超額查封禁止之立法目的即在保護債務人之財產免受過度侵害，惟按實務通說，查封縱有超額情事，倘非屬極端超額者，即無違背超額查封禁止規定。又謂我國採平等主義，以執行人員尚應考量是否仍有其他債權人參與分配為由，認該原則難以遵循而應放寬解釋。對此，本文整理我國近20年來有關超額查封之最高法院裁判，欲釐清法院對於「超額」之認定標準。此外，以採取優先主義之德國法為比較對象，除簡介德國法之查封制度外，並說明優先原則與超額查封禁止原則之規定與相關爭議。最後，重新檢討現行實務有待商榷之處，並提出若干淺見作結。In principle, private remedies are prohibited in Taiwan. Therefore, compulsory enforcement is the only way to apply for implementation. But it doesn't have to be a means of sacrificing the debtor's basic rights. In accordance with Article 1 Item 2 of the Compulsory Enforcement Act, which has been in force since 2014: ＂Compulsory enforcement shall be carried out in accordance with the principles of fairness and reasonableness, balancing the interests of creditors, debtors, and other interested parties, in an appropriate manner, and to the degree no more than necessary to achieve the enforcement purpose.＂ In other words, compulsory enforcement should be based on the principle of fairness and reasonableness, and not exceeding the necessary limits, which has been recognized by legislators. This research focuses on the protection of debtor's rights in the compulsory enforcement Law as the core topic and paying particular attention to the excessive Attachment in Compulsory Enforcement Act of Taiwan, which was stipulated by Article 50: ＂The attachment of the movable property is limited to the property whose price is sufficient to repay the claim amount under the compulsory enforcement and the costs to be borne by the debtor.＂ Due to shortage of studies in the field of compulsory enforcement in Taiwan, this study try to sort out systematically the relevant judgments of the Supreme Court in the past 20 years, and to clarify the court's judgment standards for the excessive Attachment and the considerations behind them. Especially, the practice has always focused on whether the creditor can obtain the satisfaction of the creditor's rights through compulsory execution. It is easy to ignore the protection of the debtor's rights and interests, leading to the occurrence of illegal compulsory enforcement. This article examines also from a comparative law perspective to introduce the German compulsory enforcement law.

The Reflection of Highest Value of Islam in the Protection of Debtors in Execution of Separatist Creditors

The execution by separatist creditors without going through court proceedings as regulated in Article 55 and Article 56 of Act No. 37 of 2004 is contrary to the justice of Pancasila. The method used was a non-doctrinal method. Based on the data obtained, it can be seen that the execution of bankruptcy as regulated in Article 55 and Article 56 of Act No. 37 of 2004 prioritizes the interests of separatist creditors, this is further complicated by the existence of a legal culture which shows that the execution of bankruptcy with collateral rights without having to go through bailing in court, the meaning of debtor insolvency should be an examination in court or through bailing related to the debtor's ability to pay off his debts, not solely based on the analysis and views of separatist creditors alone. This is clearly implicitly based on Article 28D of the 1945 Constitution of the Republic of Indonesia and automatically contradicts the values of Pancasila social justice. This means that in the legal policy of bankruptcy execution, it must be able to create a balance of protection of rights between creditors and debtors, in accordance with the view of respect for human values or human rights awards in the form of equality before the law so as to be able to realize social justice execution of bankruptcy that is able to protect the interests of separatist creditors while protecting debtors.

Kajian Hukum Tentang Pengalihan Perkara Kredit Macet Dari Pengadilan Umum Ke Perkara Kepailitan Ditinjau Dari Asas Kepastian Hukum

In the case of non-performing loans, the bank can report the debtor to the general court as an ordinary civil case, namely default in order to obtain this right. However, there are parties who want to make big profits so that their case is transferred to a bankruptcy court case. The purpose of this study is to evaluate how to test that the dispute that goes to the bankruptcy court is in accordance with the bankruptcy law, determine the billing criteria in accordance with the bankruptcy law in terms of the principle of legal certainty, and to determine debtor protection by taking into account the objectives of the bankruptcy law based on the principle of business continuity.
 The method used in this research is a normative juridical research method. In the library research method, the author uses secondary data, namely data obtained from library materials related to bankruptcy cases submitted to the commercial court.
 After the authors conducted the research, it was found that the method of examining disputes that go to the bankruptcy court is in accordance with the bankruptcy law, namely the things that must be considered by the parties to be able to file an application for bankruptcy or delay. debt payment obligations. What must be considered here are the conditions that must be met if you want to apply for PKPU or bankruptcy, including creditors must pay attention to whether the debtor is eligible to be declared bankrupt because this is regulated in Article 2 paragraph (1), namely "Debtors who have two or more creditors do not pay off at least one debt that is due and collectible, is declared bankrupt by a court decision, either at its own request or at the request of one or more creditors. The criteria for a lawsuit that is in accordance with the bankruptcy law in terms of the principle of legal certainty is that the lawsuit must be appropriate only based on the subject matter submitted by the applicant and not all types of claims are owned by the respondent. which is full to the debtor in the bankruptcy process, for example the bankruptcy principle.

The Indonesian Government's Economic Policy During the Pandemic: A Study of Legal Protection for Debtors Affected by Covid-19

Abstract: This article discusses government policies to protect debtors affected by Covid-19 and its implementation in banking institutions. This article used a juridical-empirical approach with the theory of default, overmatch, and hardship. This article collects data sources from some legislations and government policies during the Covid-19 pandemic and some credit institutions’ policies and debtors affected by Covid-19. This article reveals that the government has made a policy requiring creditors of banking financial institutions to relax credit for creditors affected by Covid-19, as contained in POJK Number 11/OJK.3/2020. With this policy, financial institutions can restructure credit for debtors. Due to difficult circumstances, the debtor who does not pay the credit installments in the credit agreement is no longer a default. They also cannot be subject to sanctions or demanded compensation for their inaccuracies in fulfilling their responsibility to pay installments. The government made a policy to provide legal protection for debtors affected by Covid-19. Abstract: Artikel ini membahas tentang kebijakan pemerintah dalam upaya melindungi debitur terdampak Covid-19 dan implementasinya pada lembaga perbankan. Artikel ini menggunakan pendekatan yuridis-empiris dengan memanfaatkan teori wan prestasi, overmacht dan keadaan sulit (hardshup). Data digali dari sejumlah peraturan perundang-undangan dan kebijakan pemerintah di masa pandemi Covid-19 dan juga sejumlah kebijakan lembaga kredit serta para debitur terdampak Covid-19. Artikel ini mengungkap bahwa pemerintah membuat kebijakan yang mengharuskan para kreditur lembaga-lembaga keuangan perbankan melakukan relaksasi kredit bagi para debitur terdampak Covid-19. Hal ini termuat dalam POJK Nomor 11/OJK.3/2020. Dengan adanya kebijakan ini, lembaga-lembaga keuangan dapat melakukan resktrukturisasi kredit bagi para debitur terdampak Covid-19. Para debitur yang tidak membayar angsuran kredit sesuai dengan perjanjian kredit yang telah dibuat tidak lagi dikatakan sebagai sebuah wanprestasi, karena adanya keadaan sulit (hardship). Mereka juga tidak dapat dikenai sanksi atau dituntut ganti rugi atas ketidaktepatannya dalam memenuhi tanggung jawabnya membayar angsuran. Kebijakan pemerintah tersebut dibuat dalam rangka memberikan perlindungan hukum terhadap para debitur terdampak Covid-19.

The Position of Debtor Legal Protection for Bankruptcy of Separatist Creditors

The position of the debtor who is bankrupted by the preference rights of the creditor results in injustice, especially in terms of the legal protection of the debtor. The revision of Act No. 4 of 1998 to Act No. 37 of 2004 contained a conflict of norms in it. The purpose of this research is to analyze and find out: 1).Implementation of debtor legal protection against bankruptcy carried out by current separatist creditors. 2). Factors that affect the implementation of legal protection for debtors against bankruptcy carried out by separatist creditors. 3) Implementation of legal protection for debtors for bankruptcy carried out by separatist creditors. The approach method in this research was normative juridical. The data used was secondary data obtained through literature study, data analysis was carried out by analytical descriptive. The results of the research concluded: 1) The implementation of debtor legal protection for bankruptcy carried out by separatist creditors currently as intended by Article 55 and Article 56 of Act No. 37 of 2004 has not been fair to debtors, considering that the two articles are only based on the existence of debt from the debtor and related to the position of the solvent or insolvency based on the view of the creditor alone. This is clearly the case because Act No. 37 of 2004 does not adhere to a balance sheet test system where before being declared bankrupt it is necessary to test the condition of the debtor whether it is really insolvent or actually still solvent. 2) Factors influencing the implementation of debtor legal protection for bankruptcy carried out by separatist creditors are legal factors, namely the existence of provisions in Article 55 and Article 56 of Act No. 37 of 2004 which are unfair to debtors, legal implementation factors are in the form of a culture judges as mouthpieces of the law even though it is well known that the door to justice in bankruptcy cases is the judge's decision. 3) Implementation of debtor legal protection for bankruptcy carried out by separatist creditors which should be in order to realize protection for debtors related to the execution of parate by creditors, it is necessary to renew the concept of bankruptcy law in Indonesia.

Perlindungan Hukum terhadap Kreditur Selaku Penerima Jaminan Fidusia Pasca Dikeluarkannya Putusan Mahkamah Konstitusi Nomor 18/PUU-XVII/2019

This study aimed to analyze the juridical implications, the urgency of the new concept of default, losses suffered by creditors, and legal protection for creditors after the Constitutional Court Decision Number 18/PUU-XVII/2019. This study used a normative juridical method with a case and legislation approach. The juridical implication of the Constitutional Court Decision Number 18/PUU-XVII/2019 was the non-fulfillment of the element of legal certainty due to differences in the concept of default in the Constitutional Court Decision Number 18/PUU-XVII/2019 with the provisions of Article 1243 of the Civil Code. The urgency of the new concept of default in the Constitutional Court Decision Number 18/PUU-XVII/2019 was to provide legal protection for debtors when a default is declared unilaterally by the creditor. Losses experienced by creditors were categorized into cost losses, losses on damaged goods, and losses on profits that should be obtained. Legal protection for creditors was carried out in a preventive and repressive manner.This study aimed to analyze the juridical implications, the urgency of the new concept of default, losses suffered by creditors, and legal protection for creditors after the Constitutional Court Decision Number 18/PUU-XVII/2019. This study used a normative juridical method with a case and legislation approach. The juridical implication of the Constitutional Court Decision Number 18/PUU-XVII/2019 was the non-fulfillment of the element of legal certainty due to differences in the concept of default in the Constitutional Court Decision Number 18/PUU-XVII/2019 with the provisions of Article 1243 of the Civil Code. The urgency of the new concept of default in the Constitutional Court Decision Number 18/PUU-XVII/2019 was to provide legal protection for debtors when a default is declared unilaterally by the creditor. Losses experienced by creditors were categorized into cost losses, losses on damaged goods, and losses on profits that should be obtained. Legal protection for creditors was carried out in a preventive and repressive manner.

Arrangement model for the implementation of pledge of shares execution for a public company by private sale to create sustainable economic development

Since 2020, the pledge of shares has been re-recognized as one of the efforts for business development, as an example of which will be carried out by PT Pegadaian after the merger with PT Bank Rakyat Indonesia. This fact shows that Pledge of Shares has developed as a new trend in economic development, especially in limited liability companies. However, in Indonesia, this trend growth has not been matched by a regulatory system that guarantees legal protection for debtors, especially in the Pledge Of Shares Execution for a Public Company, which are carried out by private sale. This condition has created many legal vacuums, which have led to inconsistent court decisions regarding the pledge of shares execution in public companies. Therefore, according to the above, through this writing, the author aims to describe a regulatory pattern that can create a protection mechanism for debtors related to the Pledge of Shares Execution for a Public Company by private Sale—aiming to provide recommendations on regulatory patterns based on a comparison of the pledge of shares execution for public companies in several countries that have a frequency of active business transaction activities with Indonesia, namely Singapore and the United States of America, in the hope of providing a comprehensive reference to determine the regulatory pattern that suits the needs Indonesia to produce sustainable economic development. The preparation of this writing was made using a normative juridical method. So that through the results of this writing, it can be an alternative solution to the legal vacuum.

JAMINAN KREDIT DENGAN PEMBEBANAN HAK TANGGUNGAN ATAS OBJEK TANAH PADA PT. BANK JATIM

Execution of Mortgage is not easy when it is based on the grosse deed and debt acknowledgment, and there is resistance /verzet from the debtor through the District Court which causes the execution of guarantees to take a long time. Therefore,it becomes a matter of legal protection of creditors and debtors in credit guarantee agreements based on UUHT, and aboutthe implementation of APHT in (Bank Jatim) Research method with an empirical juridical approach, which is to approachthe problem by exploring facts referring to the study of applicable regulations (especially Law No.4 of 1996 concerningUnderwriting Rights), the results of the study show that the legal protection of mortgage rights in the UUHT againstcreditors is administrative protection, as creditors who have preferential rights (Article 13 UUHT). for debtors, theexistence of a partial roya as a deviation, a promise that can limit the first mortgage right holder to sell the object of themortgage right on his own power in accordance with Article 6 and Article 11 paragraph (2) letter e,

EKSEKUSI TERHADAP OBJEK JAMINAN FIDUSIA PASCA PUTUSAN MAHKAMAH KONSTITUSI NOMOR 18/PUU-XVII/2019 DAN BENTUK PERLINDUNGAN HUKUM TERHADAP DEBITUR

Fiduciary guarantee is a guarantee right for movable objects both tangible and intangible and immovable, especially buildings that cannot be encumbered with mortgage rights that remain in the possession of the Fiduciary Giver, as collateral for certain repayments that give priority to Fiduciary Recipients over other creditors. After the Constitutional Court Decision Number 18 / PUU-XVII / 2019 resulted in changes to the provisions of Article 15 paragraph (2), Article 15 paragraph (3), and Elucidation of Article 15 paragraph (3) UUJF, specifically changes to the interpretation of breach of fiduciary violations and executions. This thesis will discuss issues regarding the execution of fiduciary security objects after the Constitutional Court ruling No. 18 / PUU-XVII / 2019 and how the legal protection of debtors for arbitrary creditors' actions.Keywords: execution, fiduciary, debtor protection.

EKSEKUSI TERHADAP OBJEK JAMINAN FIDUSIA PASCA PUTUSAN MAHKAMAH KONSTITUSI NOMOR 18/PUU-XVII/2019 DAN BENTUK PERLINDUNGAN HUKUM TERHADAP DEBITUR

Fiduciary guarantee is a guarantee right for movable objects both tangible and intangible and immovable, especially buildings that cannot be encumbered with mortgage rights that remain in the possession of the Fiduciary Giver, as collateral for certain repayments that give priority to Fiduciary Recipients over other creditors. After the Constitutional Court Decision Number 18 / PUU-XVII / 2019 resulted in changes to the provisions of Article 15 paragraph (2), Article 15 paragraph (3), and Elucidation of Article 15 paragraph (3) UUJF, specifically changes to the interpretation of breach of fiduciary violations and executions. This thesis will discuss issues regarding the execution of fiduciary security objects after the Constitutional Court ruling No. 18 / PUU-XVII / 2019 and how the legal protection of debtors for arbitrary creditors' actions.Keywords: execution, fiduciary, debtor protection.

Contract of loan and protection of debtors against usury in Serbian mediaeval law (regarding the influence of Byzantine law)

Loan is delivery by one party to and receipt by another party of sum of money upon agreement, to repay it without (Roman mutuum) or with (Roman fenus). In Roman law, in the case of money, it could be required to pay interest if there had been a special stipulation to that effect. Rates of interest were limited from time of the XII Tables till Justinian?s legislation. Under the influence of the provisions of the Scriptures the canons of Christian Church councils anathematized taking of interest as an usury, and Procheiron explicitely forbids it. However, taking of interest became a need of economic life, so the Novella LXXXIII of Emperor Leo VI allowed the interest with a rate of 4%, and Basilika repeated the provisions of Justinian?s legislation. Matheas Blastares introduced in his Syntagma two chapters regarding interest, exposing ecclesiastical rules and secular laws. Serbian charters and Law Code of Stefan Dusan do not mention the contract of loan, but Saint Archangels? chrysobull forbids to the monks to let the money at interest.

ONLINE LOAN LENDER INFORMATION SYSTEM (FINTECH) REVIEWED FROM LAW NUMBER 11 YEAR 2008 ABOUT INFORMATION AND ELECTRONIC TRANSACTIONS

Online loans are credit problems, especially in the online loan handling system itself, but the government is currently controlling these online loans, in online loans there is mutual interest between the lender and also the borrower because the rules clash between interest and fines. The borrower (debtor) feels disadvantaged if there is a delay in paying off interest or the loan is always from the provider (creditor) of funds terrorizing in terms of collecting and threatening him, because the interest is always daily and doubled interest which is burdensome to the borrower. The purpose of this study is to provide legal protection for debtors to carry out online loans, where the debtor's personal data is often misused by creditors, in this case online loan providers. In this research, researchers use a normative juridical system that refers to Law Number: 19 of 2016 concerning amendments to Law Number: 11 of 2008 concerning Information and Electronic Transactions as well as other related laws. The author concludes first, in the provisions of the ITE Law and also Ministerial Regulation Number: 020 of 2016, the protection of personal data is regulated in article 26 paragraph (1) of the Electronic Information and Transaction Law as well as articles; 26, 27, and article 36 paragraph (1) of Ministerial Regulation Number 20 of 2016. Second, according to the provisions of the ITE Law and also referring to Ministerial Regulation Number: 020 of 2016 misuse of customer personal data, so the threats are administrative sanctions, fines and / or criminal, and the settlement of the misuse of personal data is carried out by the creditor, either in a criminal or civil manner.

Attempt of Lawsuit by The Debtor to Delay The Implementation of The Auction of The Object of Liability

The auction lawsuit arises when there is dissatisfaction with the debtor where the claim before the auction is intended by the plaintiff to delay the auction and the lawsuit after the auction has very diverse motives that cause it. The type of research used is normative legal research with analytical approach and legislation approach. (statute approach). Data processing is carried out in a systematic way on written legal materials. The purpose of this study is to explain the causes and explain the legal protection for debtors as well as the legal consequences for delaying the implementation of the mortgage execution auction. The results of this study indicate that there is a loss experienced by the debtor for setting a low limit value in the implementation of the mortgage execution auction which is carried out by the KPKNL as the Auction Body. Every limit price determination is required to use or use an appraisal service in accordance with Article 36 number 93/PMK/2010 concerning Auction Implementation Guidelines. There are objections to the low auction limit value, the debtor files a lawsuit to the court to postpone the auction, so if the court has given a decision that has permanent legal force stating the auction being held is invalid and null and void.

Current innovative issues of legal regulation of collection activities

Problem setting. At the present stage of development of the national legal system there are a number of conflicting issues and gaps in the legal regulation of collection companies. Prior to the adoption of the Law of Ukraine № 1349-IX "On Amendments to Certain Legislative Acts of Ukraine on Protection of Debtors in Settlement of Overdue Debts" the current legislation did not contain clear rules of conduct either for entities engaged in collection activities or mandatory uniform requirements to the ethical conduct and rules of interaction of such persons with the debtor in the settlement of overdue debt. This necessitates a comprehensive and comparative analysis of the legal regulation of economic activity of collectors, which is the purpose of this study. The object of the study is the legal relationship between entities engaged in collection activities and debtors. Analysis of recent researches and publications. Problems of legal regulation of collection activities in Ukraine and determining the nature of financial companies and the specifics of their activities have attracted the attention of researchers for a long time. So M. V. Fedik was engaged in research of this question at different times. [1, p. 107], S. B. Egoricheva [2, p. 117-119], M. I. Dancha [3, p. 52-55], N. V. Mentukh, O. R. Shevchuk [4, p. 58-62], A. G. Zaika [5, p. 169-176], O O. Savchuk, S. V Glibko [6, p. 132-137]. At the same time, the issue of settling the procedure for repaying bad debts by collectors by introducing clear legal rules for their activities and ensuring compliance with the rights of debtors requires further research. The target of research is to determine the changes in the state of collection entities during the settlement of overdue debt, which was proposed by the Law of Ukraine № 1349-IX "On Amendments to Certain Legislative Acts of Ukraine on Protection of Debtors in Settlement of Overdue Debts". Article’s main body. For the first time a comprehensive analysis of the activities of collectors before the adoption of the Law of Ukraine № 1349-IX "On Amendments to Certain Legislative Acts of Ukraine on Protection of Debtors in Settlement of Overdue Debts" and prospects of their activities. On the basis of which conclusions were made on the prospects for the implementation of the law. The research is devoted to the analysis of the state of activity of collectors and changes in the legal settlement of legal relations arising during the settlement of overdue debt, which were introduced by the Law of Ukraine № 1349-IX "On Amendments to Certain Legislative Acts of Ukraine on Protection of Debtors debt ". Conclusions and prospects for the development. Thus, in general, a systematic analysis of Law № 1349-IX allows us to conclude that its provisions contain innovative provisions on the legal regulation of business activities of collection companies, which will have positive consequences for settling overdue debts and protect the rights of debtors.

Legal Protection of Debtor in Credit Settlement with Fiduciary Guarantee

This research is based on the provisions of law No. 42 of 1999 on fiduciary, in particular in article 34, and the provisions of article 27 paragraph 3 regulation of the Financial Services Authority No. 33/POJK. 03/2018. There is a conflict of norms between debtors and creditors. The purpose of this study is to find out the legal consequences for debtors who have been voluntarily submitted to the creditor for a voluntary warranty and to find out the legal protection of a debtor who is in good faith hand over a fiduciary guarantee. The theory used in analyzing data is the theory of the Norms (Stufenbau Theorie), the theory of legal certainty and the legal protection theory. Meanwhile, the method used is normative research with a statutory approach. The result of this study showed that Financial Services Authority Regulation Number 33 /Pojk.03/2018 Regarding Quality of Earning Assets and Formation of Allowance for Earning Assets of Rural Credit Banks, regulating the issue of Collateral Foreclosed can be overridden or become not valid, or at least a material test by the Supreme Court. If violated, it results in being null and void. Furthermore, based on legal protection theory, that Article 15 paragraph (2) of Law Number 42 Year 1999 does not provide legal certainty and justice for debtors.

Legal protection for debtors in determining the application requirements for suspension of debt payment obligations

The establishment of the Bankruptcy Law aims to overcome the difficulties of the business world in terms of debt and receivables in continuing their activities. However, in practice the PKPU and Bankruptcy institutions are used as a means of resolving ordinary civil disputes, this is due to Article 225 paragraph (3) and (5) in conjunction with Article 222 paragraph (1) and (2). The purpose of this study is to analyze the ratio legis for debtors in relation to the ratio legis Article 225 paragraph (3) and paragraph (5) associated with the purpose of establishing Bankruptcy and Suspension Of Debt Payment Obligations (UUK-PKPU). This research is normative legal research with a statute approach, the case approach, historical approach, comparative approach, and the conceptual approach. The legal materials used are primary, secondary, and tertiary. The analysis technique uses legal logic, legal interpretation teleologically, hermeneutics, grammatically, and systematically. The results of the study indicate that the ratio legis regarding PKPU as regulated in Article 225 paragraph (3) and paragraph (5) has a vague norm when it comes to the purpose of establishing UUK-PKPU, that PKPU is a means for debtors so that debtors can restructure their debts. So that no rights are given to debtors who are not present at the PKPU session resulting in no legal protection for the debtor to defend himself by conveying the reasons for the debtor's absence.

A Justice Reform In Consumer Protection In Development Of Financial Technology

This research aims to analyze consumer protection in the development of fintech. The approach used is sociological juridical. Based on the research conducted, it was found that the implementation of fintech is often used as a cover for fraud supported by cyber bullying. The factors that affect the implementation of debtor protection when they are unable to pay their debts to financial technology institutions are the overlapping rules, the lack of reach of law enforcement in cases of fraud under the guise of financial technology institutions, and the influence of globalization which has resulted in the growth of financial technology institutions becoming increasingly unstable under control. This results in the implementation of financial technology not being in accordance with good ethical principles in making an agreement.

Exonation Clause in Financing Agreement (Study at Adira Sumbawa)

This study aims to review and analyze legal protections for debtors and the legal consequences of credit agreements made with the exonation clause. The type of research used is normative empirical by using statutory, conceptual and sociological approach methods. Types and sources of data / legal materials are carried out using primary data in the form of field data and secondary data is related to the literature of legislation. Analysis of legal materials using qualitative analysis methods. Based on the results of the study, it is known that the legal protection of debtors against the implementation of the exonation clause in the credit agreement at adira finance institutions includes preventive protection and repressive protection. The legal consequences of credit agreements made with the exonration clause in the credit agreement at PT Adira Finance Sumbawa are null and void. Keywords: Exhibitions, Agreements, Financing DOI: 10.7176/JLPG/112-10 Publication date: August 31 st 2021

The Role of Financial Services Authority and Legal Protection of Debtor in Financial Technology (Fintech) Based Lending Agreements

The main issue discussed in this study are regarding the implementation of financial technology (Fintech) -based lending agreements which regulated in Indonesian positive law and also barrier on legal protection in implementing technology(Fintech) based lending agreements. This study applied a normative research method which collected primary legal sources of legislation and secondary legal sources of books, journals, and other articles related to this study. The implementation of financial technology (Fintech) based lending agreements is regulated in positive Indonesian law which is Financial Services Authority Regulation Number 77 / POJK.01/2016 concerning Information Technology-Based Lending Services. Meanwhile, legal protection in the implementation of technology(Fintech) based lending agreements occurs when the debtor defaults and the creditor commits an unlawful act, both of which occur due to a lack of legal protection arrangements in the Financial Services Authority Regulation.