Gunawan, Indra Jaya and Darma, Christabel Valmai Setia and Prasetio, Iris Vevina (2023) Legal Protection for Buyers of Negotiable Instruments in form of Receivables through Financial Technology Services. In: Legal Transformation for Justice: Past, Present and Future, 23 November 2023, Fakultas Hukum Universitas Brawijaya. (Submitted)
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Abstract
The financial industry in Indonesia has evolved rapidly in recent years. Loans with easy accessibility and fast processing from financial technology are well received as an alternative capital, one of the latest is the sale of negotiable instruments in the form of receivables as offered by Fundo platform. Negotiable instruments intended as a means of capital are generally issued in the form of securities, i.e., commercial papers. Payment for the issuance of securities is borne by the issuer, meaning that payment is fully the issuer's responsibility. In contrast to receivables that are reissued as securities for sale, the potential for default can also occur from the party who owes the first debt to the issuer. If this happens and affects the condition of the issuer to the point of default, it will certainly be detrimental to Fundo users as buyers of securities. This research was conducted to understand the form and guarantee of legal protection for users who buy securities in the form of receivables, especially to cases where the issuer experiences default. This research is normative juridical research using statutory and conceptual approaches. Based on the results of the study, to date, there are no provisions that clearly regulate the liability of securities issuers and financial technology operators who offer securities in the form of receivables in the event of a loss or failure to pay, therefore, it is necessary to establish a comprehensive regulatory framework about the procedures and the payment mechanisms for buyers’ claim rights of securities in the form of receivables.
Item Type: | Conference or Workshop Item (Paper) |
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Uncontrolled Keywords: | financial technology; funding; negotiable instruments; receivables; claim rights |
Subjects: | K Law > K Law (General) |
Divisions: | Faculty of Law > Department of Law |
Depositing User: | INDRA JAYA GUNAWAN |
Date Deposited: | 16 Nov 2023 07:32 |
Last Modified: | 16 Nov 2023 07:32 |
URI: | http://repository.ubaya.ac.id/id/eprint/45343 |
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