OJK regulations stipulate that agreements in the online lending process are standard agreements, which means that the terms and conditions have been prepared by the organizer and must be met by the consumer. If one party does not agree, then that party can choose not to enter into the agreement.
Seriousness:
Seriousness in online lending refers to the sincere intention of the borrower and the organizer to comply with the terms and conditions of the agreement. This includes willingness to fulfill payment obligations and follow agreed procedures.
Aspects of seriousness include:
- Understanding of Terms and Conditions: Borrowers must understand the terms and conditions of the loan.
- Payment Commitment: Borrowers must have a realistic payment plan and be committed to paying on time.
- Complete Documentation: The application process requires complete documentation.
- Use of Funds: Loan funds should be used for clear and responsible purposes.
Seriousness is also evident from the organizers who must carry out ethical business practices, including providing transparent information and avoiding unfair interest practices or fraud.
Importance of Agreement:
Without a valid agreement, the agreement cannot be considered to have binding legal force. Agreements obtained by unlawful means, such as through coercion or fraud, may cause the agreement to be canceled. Article 1321 of the Civil Code affirms that consent given due to errors or obtained by coercion or fraud has no legal force. This shows the importance of an agreement based on the free and honest will of all parties involved.
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