Shofa Efita Karuniahaj (2019) Asas Privity Of Contract Dalam Layanan Pinjam Meminjam Uang Berbasis Teknologi Informasi (Studi Kasus Pada Penyelenggara Danarupiah). Skripsi thesis, UNIVERSITAS AIRLANGGA.

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Abstract

Information technology develops and continuously makes innovations to facilitate human life. One of the information technology innovations that grow rapidly is financial technology. One of the manifestation of the emergence of financial technology is the innovation of the lending and borrowing money services based on information technology. This servives has become a new choice for the start-up business entrepreneur or micro, small and medium entrepeneurs to seek additional capital for their business. This service is provided by company, there are company that illegal and legal, for illegal service providers companies are often violate the provisions but this does not mean the legal service providers companies are not doing the same thing. One of the services provider company that is widely complained and suspected to be violating the provisions is DanaRupiah organizer. In the case of default due to the inability of the borrower to repay or default due to the system failure held by the organizer, billing is often carried out to parties who do not know anything about the loan agreement made by the borrower and the lender through the organizing platform. An agreement has privity of contract which an agreement is only valid and binding for parties who made it. In the case of default by the borrower in which the billing is addressed to parties outside this agreement, there are problematics in effecuation of the lending and borrowing money services based on information technology when there are defaults in DanaRupiah organizer and the application of the principle of privity of contract to settlement of defaults on lending and borrowing money services based on information technology. This research is legal research using statute approach, conceptual approach and case study. The result of this legal research shows that in the lending and borrowing money services based on information technology the principle of privity of contract is not implemented, because parties who are outside the agreement were also billed and this are clearly not part of the parties that bound in the agreement.

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