Click Wrap Agreement dalam Fintech Peer to Peer Lending: Tinjauan Asas Kebebasan Berkontrak
Universitas Islam Indonesia
Universitas Islam Indonesia
The study aims to analyze the implementation of the Click Wrap Agreement on the Fintech Lending Agreement in terms of the principle of freedom of contract. The researcher attaches the type of research used is normative research, normative legal research is legal research by researching library materials which are secondary data and also called Library Legal Research, namely research on secondary data. The methods used in this research include: legislation, conceptual, historical, comparative, and philosophical. The source of data used in this study is secondary data, secondary data is data obtained from primary, secondary, and tertiary legal materials. The data collection technique used in this research uses secondary data collection techniques, namely through library research and document or archive studies, both physical data and online data. The data analysis technique in this study used qualitative data analysis, including data classification activities, editing, preparing the results of the analysis in the form of narratives, and drawing conclusions. From the general principles put forward by Remy Sjahdeini, it can be seen that the click wrap fintech agreement only accepts the standard contract offered by the fund provider (fintech) so that this practice deviates from the first general principle. When viewed from the second general principle, the borrower of funds can carry out the contract, so that it is assessed in accordance with this second point.
Keywords : Agreement, Click Wrap, Freedom Of Contract
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