Proceedings of the International Conference On Law, Economics, and Health (ICLEH 2022)

Civil Liability for Default of Electronic Contracts in Fintech Lending Agreements

Authors
Megawati Barthos1, *
1Borobudur University, Jakarta, Indonesia
*Corresponding author. Email: angkasamega70@gmail.com
Corresponding Author
Megawati Barthos
Available Online 19 April 2023.
DOI
10.2991/978-2-38476-024-4_10How to use a DOI?
Keywords
Fintech Lending; Liability; Default; Electronic Contracts
Abstract

Fintech Lending in Indonesian regulations, known as Information Technology-Based Co-Financing Services is experiencing rapid development due to the use of information technology in the funding system. These developments do not necessarily have a positive impact but also a negative one, such as causing losses to the funder due to the risk of default by the fund recipient. Based on this, a problem formulation was found: civil liability for electronic contract defaults in fintech lending. This writing uses a normative juridical method with a statutory approach. The study’s results using the above method show that the borrower is responsible based on the principle of absolute responsibility (strict liability).

Copyright
© 2023 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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Volume Title
Proceedings of the International Conference On Law, Economics, and Health (ICLEH 2022)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
19 April 2023
ISBN
10.2991/978-2-38476-024-4_10
ISSN
2352-5398
DOI
10.2991/978-2-38476-024-4_10How to use a DOI?
Copyright
© 2023 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

Cite this article

TY  - CONF
AU  - Megawati Barthos
PY  - 2023
DA  - 2023/04/19
TI  - Civil Liability for Default of Electronic Contracts in Fintech Lending Agreements
BT  - Proceedings of the International Conference On Law, Economics, and Health (ICLEH 2022)
PB  - Atlantis Press
SP  - 74
EP  - 81
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-024-4_10
DO  - 10.2991/978-2-38476-024-4_10
ID  - Barthos2023
ER  -