Money Lenders Research Articles

PERLINDUNGAN HUKUM BAGI NASABAH PADA PINJAMAN ONLINE MENURUT HUKUM EKONOMI SYARIAH

This article aims to examine the legal protection for customers in the implementation of online-based money loans or known as online loans (pinjol). The research method used is a doctrinal approach where the author will examine legal norms related to customer protection according to the Banking Law, and a number of Financial Services Authority (OJK) regulations related to pinjol. The results of this study conclude that there are several phenomena that occur in the implementation of pinjol that do not get legal protection for customers, namely: First, the determination of interest that does not refer to the interest rate provisions of Bank Indonesia, second, the maximum interest setting on online loans in fintech companies is 0.4 percent per day but the amount of real interest is not regulated in the agreement. Third, Financial Services Authority Regulation No.77/POJK.01/2016 on Information Technology-Based Money Lending and Borrowing Services OJK Regulation No.77 of 2016 is the basis for the implementation of Peer to Peer Lending business activities or online lending and borrowing which is one of the types of fintech, including the protection of customer personal data. Customer personal data collected by fintech providers must be kept confidential in accordance with applicable privacy provisions.

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

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.

Double-Gifting and Self-Interested Charity in The Merchant of Venice

This essay analyzes the enacting of charity in The Merchant of Venice, with particular emphasis on moments of “double-gifting” in the plotlines of Portia and Antonio. Building on Henry Berger Jr.’s reading of the play in “Mercifixion in The Merchant of Venice,” I argue that both Bassanio’s wife and friend attempt to exert power over him by weaponizing unspoken obligations of reciprocity underlying their extravagant, repeated gifts of both self and property. Though Portia’s success at winning Bassanio’s fealty (as well as personal freedom for herself) contrasts sharply with Antonio’s near-complete loss of influence, a close reading of the ring plot and merry bond reveals a similar strategy of manipulation via charity behind the actions of both characters. I conclude by connecting the essay’s discussion of the play’s altered gift exchanges to the reality of emergent mercantile capitalism in early modern England, suggesting that said exchanges can be read as instances of “purchasing” interpersonal goods in a manner less explicit than, though bearing resemblance to, Shylock’s use of the money lending contract to obtain revenge on Antonio.

Perlindungan Hukum terhadap Kreditur Pasca Putusan Mahkamah Konstitusi Nomor 18/PUU-XVII/2019

After the Constitutional Court decision Number 18/PUU-XVII/2019, the execution of fiduciary collateral created a sense of injustice and lack of legal certainty for creditors as money lenders. This decision eliminates the Creditor's authority to execute fiduciary collateral objects, as previously stated in article 15 paragraph 3 of the fiduciary law. As a result, the Creditor experienced problems in executing the fiduciary guarantee object after the Debtor failed to fulfil its obligations. The purpose of this writing is to find out what the ideal form of legal protection for Creditors is after the Constitutional Court decision Number: 18/PUU-XVII/2019. The research method used in this research is normative juridical, which only focuses on legal materials using a conceptual approach and a statutory approach. The results of this research are Constitutional Court Decision Number: 18/PUU-XVII/2019 which has made the fiduciary law lose its role as the law establishing fiduciary guarantee institutions. Fiduciary guarantee certificate has lost its identity because the executorial power over the object of fiduciary guarantee which is considered to be the same as the district court decision no longer applies if the Debtor does not voluntarily hand over the object which is the object of fiduciary guarantee to the Creditor.

Wanprestasi dalam Perjanjian Pinjam Meminjam Uang pada PT. PNM Mekaar (Studi di Kelurahan Sei Putih Barat Kota Medan)

A money lending and borrowing agreement is an agreement that must be agreed upon by the parties, as well as with PNM Mekaar and customers in Sei Putih Barat Subdistrict, Medan City. Customers who want to borrow money are required to make an agreement that has been made by PNM Mekaar. Of course, there are customers who make loans who default, so this must of course be resolved because it has become an obligation that must be fulfilled. The purpose of this research is to find out agreements for borrowing and borrowing money, to find out the forms of default committed by customers, and to find out the settlement of defaults from PNM Mekaar in Sei Putih Barat Subdistrict, Medan City for customers who make defaults. The method used is to combine normative juridical and empirical juridical. The research results state that the customer must agree to the agreement that has been provided, the contents of the agreement are in the form of obligations that must be fulfilled and the agreement must be agreed upon by the group leader and the person in charge. The form of default that occurred to PNM Mekaar customers, West Sei Putih Village, Medan City, was not making payments on time and there were customers who ran away. The resolution of the default carried out by PNM Mekaar, Sei Putih Barat Subdistrict, Medan City, was to implement a joint and several responsibility payment system, and the group leader tried to find and contact the person in charge of the member who had run away.

UNVEILING THE LIVED EXPERIENCES OF 5-6S MONEY LENDERS: A PHENOMENOLOGICAL INQUIRY

The purpose of this study was to uncover and understand the experiences of 5-6 money lenders in Kapalong, Davao del Norte. In-depth interviews were done with 10 purposively chosen money lenders. The gathered information was analyzed thematically. The experiences of the participants encompass the struggle of collecting debt amortization and lack of working capital. Hence, they stressed the need for financial agreements, additional investment, efficiency & amiability, and aid through training, capital, and tax incentives. The results imply that government agencies may craft a program to improve the lending experiences of the money lenders and enhance the lending industrys overall quality. KEYWORDS: Business management, micro-money lenders, plight, qualitative-phenomenological inquiry, thematic analysis, Philippines

A Study on the Profitability and Financial Performance of District Central Cooperative Banks in Tamil Nadu

Agriculture has a crucial role in the Indian economy. Institutional and non-institutional sources of agricultural loans exist in India. Institutional credit cooperatives play a significant role in the provision of finance to the agricultural sector. The formation of these societies dates back to 1904 when the first Cooperative Credit Societies Act was passed. The objective was to provide cheap credit to the farmers to relieve them from the clutches of money lenders are thought to be the foundations of the overall cooperative structure. Cooperative societies not only mobilize deposits and provide agricultural and rural credit but also extend credit to priority sectors of the country. Banks' profitability and financial operations are always solid as they expand services to subsidiaries. The present analysis is based on secondary data from the years 2012-13 to 2021-22. The growth of different parameters is done by using Compound Average Growth Rate (CAGR) and profitability and financial performance by using ratio analysis and regression analysis of the data. The poor financial condition affects the growth of banks due to their reliability, liquidity, and profitability. The present analysis is based on secondary data from the years 2012-13 to 2021-2022. This paper deals with the profitability and financial performance of District Central Cooperative Banks (DCCBs) in Tamil Nadu.

Preferred Sources of Financing by MSMEs and Reasons for Such Preference in Tripura State in North East India

Micro, Small and Medium Enterprises (MSMEs) are considered to be growth engine of any economy, and their importance increased tremendously for the developing countries. But it is, equally true that MSMEs face unique challenges. The focus of this study is identifying preferred financing sources and reasons for such preference by the MSMEs in the hilly state of Tripura in North East India. For the study primary data were collected through schedules. The study reveals that owners or managers of MSMEs are not aware about non conventional financing sources. Policy makers should take steps to educate and sensitize owners and managers of MSMEs about those sources. It is also seen that while most preferred source of financing is Banks/Financial Institutions, but MSMEs are still depended upon own fund, fund from Friends and Relatives and Money Lenders for financing their business. Therefore, policy makers should frame policies to involve Banks/Financial Institutions to invest in this sector to make the sector more vibrant.

Economía y (como) ficción en la Inglaterra del siglo xvi: usura, depreciación, inflación y circulación del capital

The present work stems from the analogies/homologies existing between the linguistic and the economic realms, which are ontologically considered as similar: systems of symbolic representation sharing similar dynamics of meaning production and retrieval. These similarities become apparent already in the 16th century, when the first early modern (proto) economic writers examine such notions as usury and money lending; debasement; inflationary processes; and the various approaches to money circulation and accumulation. It will be argued that these processes were not only examined by 16th century proto-economic authors, but they also articulated various aesthetic and literary productions, mostly in drama and poetry of the 1500s.

Phenomenological Approach in the Qualitative Study: Data Collection and Saturation

The study aims to explore the phenomenological study method, data collection procedures and analysis, followed by how and in which position the saturation is achieved. Phenomenological approach has been employed to explore the perceptions of stakeholders through sharing their experiences. Using snowball sampling procedures, data have been collected from 10 respondents through face-to-face semi-structured interviews. For the data analysis, this study has adopted the inductive thematic approach. In the interview process, the researcher focused on the respondents’ understanding of the commercial banks' money lending activity. The findings of the study show that different stakeholders have a different perception on commercial banks' money lending activity. Respondents have a common understanding but explained it differently as they experienced it. The common academic background of the respondents plays a role in the common understanding and thus, it helps to achieve the data saturation point for each research question separately. Money creation through the commercial banks' money lending activity has a potential threat of financial crisis but the strong role of Bank Negara Malaysia (BNM) can ease this tension. This perception comes from the data saturation point on the basis of the respondents understanding on the research phenomenon. The study has potential implications on the qualitative research method, and phenomenological study method, data collection procedures and analysis followed by how and on which position the saturation is achieved. The current study may have several contributions to the existing literature in qualitative research. This study may assist researchers on how to reach the saturation point for heterogeneous data. Step by step process on data selection and interview approach can guide to achieving the data saturation point. Future research can take this study as an input to develop the qualitative research model for the heterogeneous data. In addition, a follow-up interview approach may help to get comprehensive data collection that can also assist to achieve data saturation point.

Local Economic Development through Potato Development Areas in Karamatwangi Village, Cisurupan District, Garut Regency.

Karamatwangi Village is one of the villages that implements local economic development to improve community welfare. In the implementation of local economic development through the Kawasan Pengembangan Kentang, there is a problem that the extent of cooperation has not been established which has an impact on the income of farm laborers, this has caused farm laborers to be in debt because they borrow money from local illegal banks (money lender). This study aims to describe an overview of: (1) partnerships, (2) employment opportunities, and (3) increased economic activity to find out how the Kawasan Pengembangan Kentangcan be beneficial for increasing the income of farm laborers in Karamatwangi Village. This research uses a qualitative descriptive method. Data sources used purposive sampling techniques to determine seven informants consisting of the Karamatwangi Village Government, Hutani Village Community Institution (LMDH), business actors, and farm laborers. Data collection techniques used are in-depth interviews, observation and documentation studies. The results showed that: (1) Kawasan Pengembangan Kentang activities have involved the active participation of the Karamatwangi Village community, (2) there are employment opportunities opened by the Kawasan Pengembangan Kentang, (3) there is an increase in skills obtained by farm laborers from the Kawasan Pengembangan Kentang. In the implementation of the Potato Development Area, there are obstacles related to the lack of increased income for farm laborers. This is because of no increase in the quality or quantity of potatoes produced, and the sale of potatoes still depends on loan shark where the expansion of cooperation carried out by the Kawasan Pengembangan Kentanghas not been widely opened. The lack of expansion of cooperation has an impact on increasing the income of farm laborers who currently farm laborers in Karamatwangi Village still have difficulty meeting their daily needs and causing some farm laborers to be in debt to money lending services, namely emok banks (local illegal banks.) The Masyarakat Mandiri Terampil Sejahtera Program (MARITERA) is designed as an effort to empower farm workers in order to increase their daily income and branding of the Kawasan Pengembangan Kentang in order to create an expansion of cooperation between potential partners.

Role of City Employees Credit Cooperative and Allied Services (CECCAS) on Improving the Household Income of Employees of the City Government of Cabanatuan

Credit cooperatives were essentially created to meet the basic human desire for borrowing and saving money without taking on too much risk or giving the money lender too much authority. Members of credit cooperatives attain socio-economic benefits through its products and services and understanding its effects is vital in improving its management. Most often, cooperatives do not visualize the impact of its services to its members due to lack of proper documentation and research focusing on them. This study examines how credit cooperatives specifically the City Employees Credit Cooperative and Allied Services (CECCAS) affects the household income of its members in terms of savings deposit, building of assets, and availment of loans. Using descriptive-survey approach, the study gathered information through survey questionnaires and interview sessions from the members of CECCAS. Results of the study showed that in terms of improving household income, savings/contributions and loan products significantly benefit the members of the cooperative. Availment of loan products help the members to finance their needs and buy assets but members have yet to engage in income-generating activities. Savings on the other hand, pave the way for members to have emergency funds, buying of assets, medical and study funds. This study examined the benefits of a credit cooperative in terms of improving household income of its members, variables such as membership growth, management styles, women’s participation, and other socio-economic aspect may be applied to gain more understanding in this sector.

Legal Protection For Third Parties Who Are Provided As Individual Guarantees By Fintech Peer-To-Peer Lending

The emergence of fintech companies is increasingly receiving attention from the public and regulators, namely the financial services authority (OJK) and Bank Indonesia (BI). This is stated in Financial Services Authority Regulation Number 77/POJK.01/2016 concerning Information Technology-Based Money Lending and Borrowing Services. This regulation regulates information technology-based money lending and borrowing services or what is called peer to peer money lending. As of May 24 2021, the total number of fintech peer to peer lending or fintech lending providers registered and licensed with the OJK was 131 companies. In the case of a loan recipient applying for a loan on an online loan platform, the borrower will usually be asked to include an emergency contact as a condition for applying for a loan, but this is done without the permission of the third party who is used as an emergency contact. This resulted in losses for the emergency contact party due to terror from the lender as a result of the loan recipient experiencing late payments. LBH Jakarta received 1330 reports of loan victims from 25 provinces in Indonesia. One of them is Dian Siregar, who was a victim who was terrorized by an online loan where he received a short message from one of the KSP Rupiah Petir Pro loan applications after being made a guarantor by his friend without prior approval or confirmation.

Classification of the Contract; Tabarru Lending Money, Qardh, Rahn, Hiwalah

Tabarru 'Lending Money, Qardh, Rahn, Hiwalah Islamic financial institutions in practice have two categories of contracts, there are so-called Tijarah contracts and Tabarru' contracts. expect rewards, which include tabarru' contracts including qardh, Rahn, Hiwalah contracts, in this scientific paper will explain the concept of pillars, terms, types, and Tabarru' contract practices in Islamic financial institutions. The methodology in this scientific paper uses a qualitative descriptive methodology which describes the classification of the contract; tabarru' lending money, qardh, rahn, hiwalah.Tabarru' Lending Money, Qardh, Rahn, Hiwalah, it can be concluded that from each tabarru contract such as qardh in its transaction activities, additional transactions are not allowed, if there is an additional qardh contract from each loan then the status of the law is usury. Likewise with rahn or sharia pawning does not apply interest from each rahn contract, but in a rahn or sharia pawn contract there is a maintenance fee for goods used as collateral or collateral. As for the hawalah contract, it is permissible to do ad-Dain (assets that are still in the form of debt), not to alAin (assets whose goods are concrete, usually interpreted as goods), or in other words, the hawalah contract is valid if the muhal bih is not in the form of goods debt (alAin).

Role of Microfinance and Self Help Groups in Rural Women Empowerment – A Study of Two Sub district under Mahisagar District, Gujarat

Being the most important program in the SHG movement in India, NABARD started the pilot phase of SHG Bank Linkage Program in February 1992. This was the first example of a viable SHG financed directly by a commercial bank. Informal saving and borrowing groups of the poor were recognized as bankable customers. Soon after the SHG-bank linkage was in place, RBI advised commercial banks to consider lending to SHGs as part of their rural credit operations. Linking SHGs with the financial sector was good for both sides. Because banks were able to enter the money lending market, borrowers were lower income families, household costs were lower, and repayment rates were higher. By joining SHGs they were able to expand their operations with more credit and they had productive surplus funds for more credit. (Reddy and Maneck, 2005). This research paper attempts to examine the impact of microfinance in the context of poverty alleviation and socio-economic empowerment of women. Help empower women through microfinance by supporting women's economic participation, thus promoting gender equality and improving household welfare. To study the role of microfinance and self-help groups (SHGs) in women empowerment, Santrampur and Virpur sub district of Mahisagar district have been selected, for the present study a total of 20 SHG organizations have been selected from these two sub district and Out of these 20 SHGs, 150 respondents have been selected for the research. has been selected to start the job. Here tabular analysis has been used to analyze the data collected from local survey reports.

Reaping what you sow: Historical rice farming and contemporary cooperative behavior in China

This paper investigates how China's long tradition of wetland rice farming affects contemporary cooperative behavior. We exploit a discontinuity in rice farming generated by a natural geographic boundary in China and find a significant positive impact on cooperative behavior today. An increase in the percentage of farmland devoted to rice farming significantly increases the frequency of mutual help in terms of borrowing and lending money, caring for each other's family members, and helping each other with job seeking and house construction. We identify cultural transmission, labor exchange and irrigation networks as the likely driving forces behind this phenomenon.

PERLINDUNGAN HUKUM TERHADAP DEBITUR PADA LAYANAN PINJAMAN UANG BERBASIS FINANSIAL TEKNOLOGI DALAM PERSPEKTIF HUKUM PERDATA

This research is motivated by the existence of problems in society that are difficult to solve. On the one hand, the community's economic downturn has resulted in them looking at other types of illegal loans. On the other hand, fintech actors take advantage of the situation and conditions of society so that they are trapped by debts and receivables with abnormal interest. Collection methods that are beyond humane limits are disturbing the people who use these loans. Therefore, the author must carry out further studies regarding legal protection for debtors who use illegal online money lending services. The aim of this research is to analyze and examine legal protection for debtors in illegal online money lending services. To analyze and study the legal settlement process undertaken by debtors in Illegal Online money lending services. The method used is normative juridical. The normative juridical approach method is a legal research technique that involves examining library materials (secondary data) using a statutory approach, namely an approach that uses statutory regulations which are useful as a research medium. Apart from that, it uses a conceptual approach, which requires legal concepts as a starting point for research into current legal problems.

Konstruksi Perjanjian Finansial Teknologi Pembiayaan Multiguna Shopee Pay Later Pada E-Commerce Shopee Indonesia

The convenience provided by online loans has a risk if the debtor fails to pay, especially since there is no guarantee in this online loan system. This, of course, will be disastrous for creditors. Shopee Pay Later, one of the marketplace-based online loan providers from the Shopee application, provides loans for users through the distribution of multipurpose financing online without collateral. This research uses a normative-juridical method. The SPayLater multipurpose financing agreement, literature studies, and laws and regulations are the data sources. Conceptual and statutory approaches become the basis for further qualitative analysis, which is explained descriptively and analytically so as to obtain systematic results and conclusions related to the problems studied. Based on the findings of this research, the P2PL fintech financing agreement has been legally regulated in Financial Services Authority Regulation No. 10/POJK. 05/2022 concerning information technology-based money lending and borrowing services (LPBBTI). The SPayLater multipurpose financing agreement has been made in accordance with applicable legal provisions and fulfils the legal requirements of the agreement. This financing agreement forms a legal relationship between the creditor and the debtor. The service provider only acts as an intermediary for the creditor in selecting prospective debtors and resolving disputes internally so that the parties can immediately fulfil their respective obligations.

Analisis Yuridis Keabsahan Perjanjian Pinjaman Online Spinjam Pada Aplikasi Shopee Berdasarkan Kitab Undang-Undang Hukum Perdata

In this research the author raised the title "Judicial Analysis of the Validity of Online Loan Agreement on the Shopee Application". The purpose of this research is to find out the problems that will be examined in this thesis are: How is the validity of online loan agreements based on the provisions of the Civil Code and what is the legal protection for debtors and creditors when using online loan agreement on the Financial Technology-based Shopee application. The research method used is normative-empirical law and the specifics used in this research are descriptive analysis. Based on research results, legally, fintech agreements remain valid if they meet subjective and objective requirements. On the other hand, the fintech agreement is made by the organizer, not made by the parties as users. in fintech agreements. If the agreement fulfills these elements, then the fintech agreement is valid according to law. Legal protection for parties in the implementation of online-based money lending and borrowing includes preventive and repressive legal protection, where preventive law is based on its implementation before a dispute occurs. Meanwhile, repressive legal protection is carried out after a dispute occurs.

Cross Sectional Analysis of Agri-enterprises in Bihar: An Empirical Study

"Agripreneurship creates value in the production and consumption activities of agriculture. There are so many areas and sub-areas in agriculture. Within each area, enormous numbers of commodities are available. The study, is conducted in four districts of Bihar, namely Patna, Purnea, Nalanda and Bhagalpur. Twenty respondents were selected by snowball sampling method from each district. Hence the sample size is eighty. The data was collected by survey method and then recorded and compiled. From the study it can be concluded that most of the respondents belonged to young category and they had completed intermediate education level. Although (46.25%) of the respondents belonged to backward caste category as backward caste is more prevalent in Bihar. Majority (40%) of the respondent’s family income belonged to (1-50 lakhs in `) and in case of annual enterprise income (56.25%) it was (1-10 lakhs in `). Most of the respondents, chosen their products for maintaining their economic condition whereas (23.12%) of the respondents were chosen for their marketability criteria Most (73.75%) of the respondents have brand name of their product whereas (26.25%) of the respondents don’t have brand name. Although, (48.75%) of the respondents do not having quality certificate for their products because most of them are in progressive stage of their enterprise. The major source of finance to do business was friends and family whereas only (3.48%) of the respondents got the finance from money lenders. Findings shows that (26.58%) of the respondents have five and more loan instalments received whereas (13.92%) of respondents received only two instalments. It is noted that 91.25% of the respondents don’t require any collateral offered to get loan. About, 58.67% of the respondents repay their loan up-to one year. Majority (25.14%) of agripreneur adopted self-mode of channels of distribution of their products and participated in exhibition for promotion of their product sale."