Proceedings of the 2nd International Conference on Law, Economic, Governance, ICOLEG 2021, 29-30 June 2021, Semarang, Indonesia

Research Article

Mitigation of Default Risk through Insurance in Peer-to-Peer Lending Financial Technology

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  • @INPROCEEDINGS{10.4108/eai.29-6-2021.2312604,
        author={Debora  Debora and Ningrum Natasya Sirait and Sunarmi  Sunarmi and Mahmul  Siregar},
        title={Mitigation of Default Risk through Insurance in Peer-to-Peer Lending Financial Technology},
        proceedings={Proceedings of the 2nd International Conference on Law, Economic, Governance, ICOLEG 2021, 29-30 June 2021, Semarang, Indonesia},
        publisher={EAI},
        proceedings_a={ICOLEG},
        year={2021},
        month={10},
        keywords={insurance default risk mitigation peer-to-peer lending},
        doi={10.4108/eai.29-6-2021.2312604}
    }
    
  • Debora Debora
    Ningrum Natasya Sirait
    Sunarmi Sunarmi
    Mahmul Siregar
    Year: 2021
    Mitigation of Default Risk through Insurance in Peer-to-Peer Lending Financial Technology
    ICOLEG
    EAI
    DOI: 10.4108/eai.29-6-2021.2312604
Debora Debora1,*, Ningrum Natasya Sirait1, Sunarmi Sunarmi1, Mahmul Siregar1
  • 1: Universitas Sumatera Utara
*Contact email: deboratambun1983@gmail.com

Abstract

Mitigation of default risk through insurance is a solution to the high default rate. The non-collateral loan system in the Peer-to-Peer Lending (P2PL) is the reason for the high popularity of this service. Nevertheless, some legal problems result from the absence of collaterals from the borrower and P2PL provider in the event of default because no one guarantees the lender's rights. A borrower can run because the P2PL provider does not require the lender and borrower to meet face to face. In addition, a lender also has to spend much money collecting the borrower’s debt. This problem weakens the lender’s interest in investing, thus hindering credit accessibility in society. This study applied a normative legal research method using a conceptual approach. This study concludes that default risk mitigation has not explicitly been regulated in the positive Indonesian law, thus creating legal problems related to legal certainty and legal protection, especially for lenders investing their funds in P2PL services. The implementation of default risk mitigation through an insurance mechanism in providing P2PL service is the best scheme to provide legal protection for lenders in investing their funds which have implications for increasing public confidence in improving capital needs in Indonesia.