PERLINDUNGAN HUKUM TERHADAP PEMODAL ATAS HILANGNYA SALDO DEPOSIT PADA PLATFORM LAYANAN URUN DANA

Siradjuddin Nur, NIM..: 18103040066 (2022) PERLINDUNGAN HUKUM TERHADAP PEMODAL ATAS HILANGNYA SALDO DEPOSIT PADA PLATFORM LAYANAN URUN DANA. Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARA.

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Abstract

Technological developments in the current digital era have spawned many new breakthroughs, including financial models and methods that have penetrated into a form of digitalization called Financial Technology or Fintech. One of the fintech that has recently emerged in Indonesia and is an information technology-based crowdfunding service (Equity Crowdfunding) in 2018. Crowdfunding has the meaning of "funding by the audience" or simply equity crowdfunding fundraising scheme online on a small scale but comes from a large number of people so that significant funds are collected based on equity shares. The development fintech is relatively safe. However, looking at one of the online delivering consumer complaints in Indonesia called "Consumer Media" there is a problem in platform, namely the loss of a certain amount of money in the form of a deposit balance belonging to a crowdfunding service user, in this case an investor on one of platforms crowdfunding service. The research method used is a type of library research, namely research that emphasizes sources of information from legal literature, such as relevant books, documents, journals, papers, and writings on various websites that are in accordance with the object of research. the nature of the research is descriptive analytical. Using a juridical-normative research approach. The type of data used is secondary data. The technique of collecting legal materials is in the form of library research. Data analysis technique in the form of qualitative analysis is inductive. The results of this study conclude that: First, legal protection for investors for loss of deposit balances on platforms in the relevant regulations states that the responsibility lies with the organizers. Each organizer is required to guarantee the safety of the products it offers, maintain something that is under its responsibility (something that is deposited), protect against actions carried out by the organizer or parties on behalf of the organizer and the Operator is responsible for all activities in the implementation of crowdfunding services. Second, legal remedies that can be taken by investors for loss of deposit balances on platforms dispute resolution outside the court by negotiation, mediation, arbitration, and conciliation through OJK, LAPS SJK, and BPSK institutions, as well as dispute resolution through court institutions with file a civil lawsuit, but before the Investor takes both methods, the Investor is required to submit a related complaint mechanism to the Operator.

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