Review atas Revisi POJK Nomor 77

Analisa saya terhadap Revisi POJK Nomor 77 terkait p2p lending. Saya baru menanggapi bocoran yang sudah beredar. Perubahan aslinya pasti akan lebih banyak lagi, dan tulisan ini akan saya perbaharui ketika bocoran baru muncul.

Revisi POJK Nomor 77 Pasal 41

Usulan agar tidak memerlukan tanda tangan lagi untuk ‘repeat order’

Definisi repeat order disini cukup rancu, apakah berdasarkan agunan, identitas borrower, atau lender? Yang terjadi sekarang malah seringkali cukup satu kali tanda tangan untuk berbagai macam produk pendanaan yang berasal dari berbagai borrower (sangat umum di p2p konsumtif).

Apabila 1 produk pendanaan atau 1 borrower harus ditandatangani satu persatu, maka akan sangat merepotkan p2p konsumtif yang memiliki ribuan peminjam individual, dengan plafon pinjaman yang sangat kecil. Lender dengan dana besar juga akan kerepotan dari segi administratif karena perlu menandatangani banyak dokumen.

Selain itu, biaya tandatangan elektronik cukup tinggi sehingga menjadi beban operasional bagi penyelenggara.

Masukan saya, seharusnya tanda tangan cukup dilakukan satu kali di awal, di ‘master agreement’ sebagai lender di suatu penyelenggara, dan selanjutnya pendanaan tidak perlu lagi tanda tangan satu persatu.

Revisi POJK Nomor 77 Pasal 43

Larangan untuk menerima kuasa melakukan pendanaan secara otomatis

Ini juga menurut saya sangat merugikan dan merepotkan lender, karena akan mengurangi effective return bila kita telat mendanai setelah sudah menerima pengembalian dana. Selain itu, di beberapa penyelenggara, pinjaman muncul di waktu yang random dan seringkali berebutan jatah dengan lender lain, sehingga bisa dibayangkan bila autolending dilarang maka lender harus buang-buang waktu mengecek website penyelenggara secara rutin.

Pelarangan produk Anjak Piutang (Invoice Factoring)

Anjak piutang adalah takeover tagihan dari suatu perusahaan. Berbeda dengan invoice financing dimana tidak terjadi perubahan kreditur dan debitur, dalam invoice factoring terjadi perubahan kreditur. Yang dilarang disini adalah penyelenggara tidak boleh memfasilitasi lender agar menjadi kreditur baru tersebut.

Saya sendiri tidak melihat produk invoice factoring sebagai tinggi risiko, karena tetap ada kewajiban pembayaran dari debitur. Hanya saja memang ada implikasi legal yang perlu jadi perhatian khusus, karena bisa saja invoice yang di takeover tersebut terikat oleh perjanjian kerja atau legalitas lainnya.

Pelarangan ini membuat variasi produk p2p lending semakin terbatas, namun di sisi lain cukup melindungi lender karena mengeliminasi produk yang cukup berisiko.

Pelarangan Direksi, Komisaris, dan Afiliasi sebagai lender ataupun borrower

Larangan ini tentu hanya berlaku untuk direksi dan komisaris yang berkuasa di penyelenggara tersebut. Mereka masih boleh menjadi borrower atau lender di penyelenggara lain selama memenuhi syarat, dan selama penyelenggara lain tersebut tidak terafiliasi dengan penyelenggara tempat dirinya berkuasa.

Ini larangan yang sangat bagus dan menguntungkan lender. Di satu sisi, kesempatan mendanai lender jadi lebih banyak karena tidak perlu berebutan dengan ‘VIP FUND’ yang berasal dari jajaran manajemen di penyelenggara tersebut. Di sisi lain, lender tidak perlu khawatir bahwa borrower di penyelenggara tersebut merupakan penguasa perusahaan yang mungkin mendapat perlakuan khusus ataupun konflik kepentingan.

Kendati demikian, perlu diingat bahwa larangan ini punya cukup banyak loophole. Pihak yang dilarang masih bisa melakukan ‘pinjam nama’ untuk menjalankan kegiatan yang dilarang tersebut.

Revisi POJK Nomor 77 Pasal 5

Pelarangan bertindak sebagai marketplace atau aggregator.

Aggregator dan marketplace memang memiliki izin yang berbeda dengan p2p lending, namun masalahnya sekarang kita menjumpai beberapa penyelenggara yang bekerjasama menjadi aggregator untuk menjual instrumen investasi lain seperti emas, reksadana, dan surat berharga negara.

Sejauh ini seluruh penyelenggara hanya bertindak sebagai mitra reseller atas perusahaan lain yang memang berwenang menjual produk tersebut (misalnya APERD untuk reksadana). Masih belum jelas apakah aturan ini memperbolehkan hal tersebut atau tidak, sebab hanya tertulis bahwa “kerjasama boleh dilakukan dengan penyelenggara layanan jasa keuangan dan nonkeuangan selama mendapat persetujuan OJK< dan kerjasama berupa layanan informatif dan layanan transaksional”. Tidak dijelaskan lebih lanjut apa yang dimaksud dengan dua layanan tersebut.

Menurut saya tidak ada ruginya bila lender memiliki akses membeli instrumen investasi lain melalui satu platform. Semua orang diuntungkan: baik dari penyelenggara, lender, mitra kerjasama, bahkan pemerintah sekalipun (karena volume transaksi meningkat)

Mitigasi Risiko

Keharusan menggandeng mitra asuransi kredit

Pelarangan dana provisi sebenarnya merupakan aturan lama yang ambigu sehingga seringkali diperdebatkan kalangan lender.

Namun kewajiban menggandeng mitra asuransi merupakan langkah positif untuk mengurangi risiko lender, meskipun teknis dan persyaratannya tidak diatur jelas.

Minimal 3 komisaris dan 3 direksi

Direksi dan komisaris yang sebelumnya hanya diperlukan masing-masing satu juga telah dinaikkan menjadi minimal 3, meskipun saya bingung apa implikasinya. Mungkin selama ini banyak pemimpin penyelenggara yang justru kurang kompeten di bidangnya.

Di satu sisi tidak ada bedanya 2 orang ataupun 6 orang bila semuanya tidak kompeten, namun memang ada jurnal akademis yang membuktikan bahwa pengambilan keputusan secara konsensus, dengan lebih banyak orang, biasanya lebih tepat

Seharusnya OJK mengharuskan jajaran tersebut datang dari industri atau memiliki pengalaman yang spesifik sehingga memang fit and proper untuk memimpin perusahaan p2p lending.

Modal Inti untuk Berizin

Naik dari 2.5 milyar menjadi 15 milyar

Ini adalah aturan yang menurut saya paling jelas karena menyebutkan angka dan formula secara terperinci.

P2P lending yang mau menjadi berizin harus mempunyai modal sebesar 15 milyar, dan karena nanti tidak ada lagi status terdaftar, maka ini adalah modal yang harus dimiliki bila mau menjadi penyelenggara.

Di satu sisi keseriusan diuji, jadi tidak ada lagi penyelenggara ghoib yang menghilang setelah selesai ngurus administrasi, namun di sisi lain hal ini juga menghalangi calon pemain baru yang ingin masuk namun dengan modal terbatas.

Modal harus 0.5% dari total outstanding

Saya kurang paham apa tujuannya modal harus setara 0.5% total outstanding, karena sekalipun terjadi gagal bayar maka lender tidak berhak meminta ganti rugi dari penyelenggara. Mungkin terkait scaling operasional agar penyelenggara beroperasi sesuai kapasitas.

Alokasi sektor produktif

Minimal 40% di tahun ketiga, secara bertahap dari 15%, 20%, 25%

Minimal 25% ke sektor produktif di luar pulau Jawa

Ini juga merupakan aturan rancu karena definisinya tidak di outline secara gamblang. Misalnya, lokasi diluar pulau Jawa itu merujuk pada lokasi proyek yang didanai atau lokasi kantor borrower?

Sektor produktif nya apakah termasuk informal? Mengingat muncul tren peminjam individual yang masuk segmen konsumtif namun ternyata meminjam untuk tujuan produktif, misalnya membeli mesin cuci untuk jasa laundry.

Saya cukup menyayangkan aturan ini karena membatasi ruang gerak penyelenggara. Alih-alih menjadi spesialis segmen tertentu, penyelenggara konsumtif dipaksa untuk bermain di dua segmen sekaligus, padahal justru pemain di segmen produktif jauh lebih banyak daripada segmen konsumtif.

Aturan soal luar pulau Jawa juga akan menimbulkan komplikasi ‘berebutan borrower’ sehingga muncul risiko satu borrower gagal bayar di banyak penyelenggara, atau penyelenggara yang menurunkan standar kredit.

Adrian Siaril
Adrian Siaril

The boss

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