Kebijakan Kriminal Non Penal OJK dalam Mengatasi Kejahatan Cyber Melalui Sistem Peer to Peer Lending

Abstract

The development of FinTech raises discourse on the vulnerability to cybercrimes in credit-based systems. This article addressed the topic on how OJK's non-penal policy dealing with the development of cyber crime in the financial sector. The legal research uses a normative (doctrinal) method with the conceptual and statute approach. The several theories used in analyzing the problems include: (1) Theory of Policy Making by Wayne Parson; (2) Public-Policy System Theory; (3) Theory of Legal Classification by Philippe Nonet and Philip Selznick; (4) John Rawls Theory of Justice; and (5) Hukum Pembangunan Theory of Law by Mochtar Kusumaatmadja. The analysis shows that the non-penal policy was formed through the Risk Management system for cyber crime through fintech, but there are still some shortcomings related to the transition policy. Keywords: FinTech; Legal Theory; Public policy; Economy