Published date: Mar 03 2023

Journal Title: KnE Social Sciences

Issue title: 2nd Paris Van Java International Seminar on Health, Economics, Social Science and Humanities (PVJ-ISHESSH 2021)

Pages: 673–678

DOI: 10.18502/kss.v8i4.12960

Wawan Setiabudiwawansetiabudi@uwp.ac.idFaculty of Law, Universitas Wijaya Putra, Jln. Raya Benowo 1-3 Surabaya Indonesia Universitas Wijaya Putra

Pramandyah Fitah KusumaFaculty of Law, Universitas Wijaya Putra, Jln. Raya Benowo 1-3 Surabaya Indonesia Universitas Wijaya Putra

The development of P2P lending fintech in Indonesia is expected to be a solution for people who have not been influenced by conventional banking services. However, the growth of illegal P2P lending fintech creates new legal problems that risk the public who use these financial institution services. The purpose of this research is to explore the concept of legal certainty as an effort to provide legal protection for customers of P2P lending fintech in Indonesia. This research uses normative legal research method and the theory used to analyse the data is legal certainty theory. This research uses a statute and conceptual approach. The result of this research reveals that the regulations related to the industrial licensing of P2P lending fintech have shown legal certainty. This case is manifested through good and clear norms in statutory regulation. However, in its implementation, particularly ones that related to law enforcement of P2P lending fintech executant, it has not been implemented consistently. By this reason, there is no legal certainty for illegal P2P lending fintech actors. Therefore, to achieve legal certainty, law enforcement that is consistent, consequent, and not influenced by subjective circumstances is necessary. With consistent law enforcement, it is expected that legal protection for P2P lending fintech customers can be manifested.

Keywords: Statutory regulation; fintech; bank services

[1] Keuangan OJ. Study of consumer protection in financial services sector, consumer protection of fintech. Jakarta: Departemen Perlindungan Konsumen OJK; 2017.

[2] Garner BA. Black’s law dictionary. Thomson Reuters; 2014.

[3] Rahardjo S. Legal studies. Bandung: Citra Aditya Bakt; 2000.

[4] Kansil CST, Kansil, Engelien R, Palandeng, Mamahit GN. Jakarta: Legal Terms Dictionary; 2009.

[5] Soepiadhy S. Legal certainty. Surabaya Pagi; 2012.

[6] Syahrani R. Summaru of legal studies. Bandung: Aditya Bakti; 1999.

[7] Marzuki PM. Law introduction. Jakarta: Kencana Prenada Media Group; 2013.