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In recent years, Indonesia's Fintech sector has grown  rapidly and made considerable impacts on the country's  financial services. This includes the emergence of peer-to-peer  lending (“P2P Lending”), whose  particular market is Small and Medium-Sized Enterprises  (“SMEs”).
As Indonesia is the most populous Muslim-majority country in the  world, people have growing interest in Sharia-based financial  services. With the emergence of fintech and tech-based financial  services, it is interesting to see the digitalization of Islamic  finance, including Islamic Finance/Sharia-based P2P Lending  (“Sharia P2P Lending”).
In this article, we will provide you with an overview of the  regulatory framework of Sharia P2P Lending in Indonesia.
Similar to the conventional P2P Lending, the main legal basis of  Sharia P2P Lending in Indonesia is Financial Services Authority  Regulation No. 77/POJK.01/2016 on Information Technology-Based  Lending and Borrowing Services (Peraturan Otoritas Jasa  Keuangan No. 77/POJK.01/2016 tentang Layanan Pinjam Meminjam Uang  Berbasis Teknologi Informasi or “POJK  77/2016”).
In addition to POJK 77/2016, the implementation of Sharia P2P  Lending should comply with Fatwa of the National Sharia Council of  the Indonesian Ulema Council (Majelis Ulama Indonesia) No.  117/DSN-MUI/II/2018 on Information Technology-Based Financing  Services Based on Sharia Principles (Fatwa Dewan Syariah  Nasional Majelis Ulama Indonesia No. 117/DSN-MUI/II/2018 tentang  Layanan Pembiayaan Berbasis Teknologi Informasi Berdasarkan Prinsip  Syariah or “Fatwa”).
Sharia P2P Lending is generally required to comply with Sharia  principles; therefore, it must not contain  elements of:
Notwithstanding the prohibited elements, Sharia P2P Lending  providers are allowed to charge its customers for their services.  In this regard, the fees are chargeable on the basis of  ijarah principle.
Similar to its conventional counterparts, Sharia P2P Lending  providers provide loans to their borrowers based on agreements or  contracts. In Sharia finance, a contract is generally called  akad.
The types of akad that are relevant in the  implementation of Sharia P2P Lending are as follows:
The types of services usually provided by Sharia P2P Lending  providers include:
With regard to the service models, the types of services  provided by Sharia P2P Lending operators are generally similar to  those provided by their conventional counterparts. The main  difference is, the types of businesses involving Sharia P2P Lending  should be halal businesses (i.e., not sellers of  alcoholic beverages or other non-halal industries).
To provide a better understanding on different types of  akad and how they are implemented in different services of  Shariah P2P Lending, please refer to the following table for your  further references:
The content of this article is intended to provide a general  guide to the subject matter. Specialist advice should be sought  about your specific circumstances.
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