Skripsi

DINAMIKA HUKUM LAYANAN PENDANAAN BERSAMA BERBASIS TEKNOLOGI INFORMASI TERHADAP KOPERASI

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Cooperatives are business entities whose members consist of individuals or legal entities of cooperatives, operating based on cooperative principles while also functioning as a people’s economic movement founded on the principle of kinship. One of the main functions of cooperatives is to provide funding assistance to micro, small, and medium enterprises (MSMEs) through lending activities. In modern terms, this lending concept is known as financial technology peer-to-peer (P2P) lending, or technology-based joint funding services, in which cooperatives are also included. The purpose of this thesis research is to examine and analyze the existence of cooperatives as entities authorized to operate fintech peer-to-peer lending platforms, as well as to analyze the legal implications of fintech P2P lending and the appropriate legal regulations governing such activities in the future. The research employs a normative juridical method. The theoretical framework consists of the theory of legal certainty as the grand theory, the theory of legal protection and the theory of contract as the middle-range theories, and the theory of liability as the applied theory. The findings of this research indicate that there have been regulatory changes concerning the legal status of cooperatives as organizers of fintech P2P lending. Under OJK Regulation No. 77/2016, the permitted legal entities were limited liability companies (PT) and cooperatives. Subsequently, cooperatives were removed as eligible organizers under OJK Regulation No. 10/2022, but later reinstated under OJK Regulation No. 40/2024. This rapid regulatory fluctuation has created legal uncertainty for cooperatives. As a result, there are significant legal implications for cooperatives in the fintech P2P lending sector, particularly in their efforts to develop business models and adapt to the evolving landscape of technology-based joint funding services. In the future, the regulation of fintech P2P lending with respect to cooperatives should aim to accommodate cooperatives of all sizes, including those with limited capital, enabling them to develop sustainable business models and compete fairly with large-scale limited liability companies (PT). Keyword: Fintech Peer to Peer Lending, Cooperatives, UMKM, POJK

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Detail Information

Series Title

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Call Number

T1925202025

Publisher

Palembang : Prodi Magister Ilmu Hukum, Fakultas Hukum Universitas Sriwijaya., 2025

Collation

xviii, 154 hlm.; ilus.; tab.; 29 cm.

Language

Indonesia

ISBN/ISSN

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Classification

346.092 07

Content Type

Text

Media Type

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Carrier Type

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Edition

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Subject(s)

Prodi Magister Ilmu Hukum
Hukum Berbasis Teknologi Informasi

Specific Detail Info

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Statement of Responsibility

MI

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