Legal Protection of Peer to Peer Lending Loans in Standard Agreements Based on Legal Assurance Theory

Abstract

The development of a peer to peer lending platform in Indonesian is called information technology-based lending and borrowing services of Indonesia in years ago, creating a legal problem with the requirements of institutions become organizers or administrators of the peer to peer lending platform. In the process of borrowing these funds, investors certainly use the services of peer to peer lending companies as parties that manage peer to peer lending websites through standard agreements. The standard agreement contains the transfer of obligations which should be the responsibility of the peer to peer lending organizer to users (lenders and borrowers).This research used normative juridical method. The results of this study indicate the legal certainty of the existence of a peer to peer institution is determined through the validity or not of the loan agreement made by the institution, but there is no legal certainty, clarity of regulations regarding the peer to peer institution . Thus, it is expected that in the future a clear regulation will be made regarding the peer to peer institution that develops in Indonesia.