JURIDICAL STUDY OF SETTLEMENT OF NON-PERFORMING LOAN BY DIGITAL BANK IN CONTINUATION FINANCING COOPERATION (CHANNELING) TO FINANCIAL TECHNOLOGY PEER-TO-PEER LENDING IN INDONESIA

Abstract

This research aims to find out and examine the arrangements for settling non-performing loans in cooperative financing (channeling) by digital banks for peer to peer lending in Indonesia. This research also examines the settlement of non-performing loans by digital banks in channeling financing cooperation for financial technology peer to peer lending in Indonesia. This research is normative research with a conceptual and statutory approach. The results of this research show, first, that there are no special regulations governing channeling financing by digital banks for P2P lending in Indonesia. Arrangements regarding NPL settlement are regulated in the cooperation agreement between P2P lending as the organizer and the digital bank as the fund provider which is set out in an electronic document and regulated in the lending and borrowing agreement between the digital bank and the borrower which is set out in the electronic document. Both digital banks as funders have the right to collect or settle NPLs based on electronic documents, however, based on the cooperation agreement, digital banks can authorize p2p lending as the provider to be able to make the necessary efforts by the lender to collect all obligations. Owed by the borrower. There are two ways to take if there is a default situation for the borrower, the first way out is to revitalize the credit which is carried out before more than 90 days from the maturity date by rescheduling, reconditioning or restructuring. Second way out efforts in the form of legal action in litigation with simple lawsuits or non-litigation such as negotiations or alternative settlements at LAPS-SJK which can be carried out through mediation, arbitration or binding opinions.