Analisis Prinsip Kehati-Hatian Pada Pinjaman Shopee Paylater Berdasarkan Peraturan Perundang-Undangan

Abstrak

The rise of market places that have payment facilities, also known as online loans, makes it easier for people to carry out loan transactions online. However, on the other hand, online loans can cause several legal problems, one of which is an agreement that the public does not understand. This research will examine from an agreement perspective how the legal arrangements for agreements in online credit services on the Shopee platform are, and what the precautionary principles are in Shopee paylaters as providers, users and OJK regulators on the Shopee platform. This research uses normative legal research with a descriptive research type. The problem approach uses a Statute Approach with descriptive research type and a case approach.

The results of the research show that the legal arrangements for agreements are basically regulated in the Civil Code, one of which is Article 1320 of the Civil Code, namely agreement, legal competence, certain objects and halal causes, the ITE Law, namely Law No. 11 of 2008 as stated in changed to Law no. 19 of 2016 concerning Information and Electronic Transactions, Law no. 8 of 1999 concerning Consumer Protection, and POJK No.10/05/2022 concerning Information Technology-Based Joint Funding Services (LPBBTI). The provider, namely Shopee Paylater, has provided the precautionary principle in practice, namely 5C including, Character, Capacity, Capital, Collateral, Condition of Economy in order to prevent default in Shopee Paylater online loan transactions. Apart from the provider, namely Shopee, there is the OJK, Bank Indonesia which provides the precautionary principle by verifying legitimacy with the debtor information system. So researchers suggest that the OJK should provide outreach to the public regarding online lending and borrowing and inform them of the impacts that will be experienced if people who register for online loans default.