Reconstruction of Criminal Law in the Indonesian Financial Investment Sector

Abstract

Criminal acts in the field of financial investment in Indonesia cannot be overcome only by specific laws (Banking Law, Capital Market Law, Commodity Futures Trading Law, Trade Law, and OJK Law) alone but together with Article 372 and Article 378 of the Criminal Code. The author sees the inadequacy of norms in the regulation of criminal acts in the field of financial investment today, which results in losses of up to Rp. 105.81 trillion (in the last decade). This paper is normative legal research with a statutory approach and a conceptual approach. The result of this research is that it is necessary to reconstruct the regulation of criminal acts in the field of financial investment by providing the following elements: 1) whoever; 2) Carrying out a series of activities under the pretext of cooperation, investment, and/or economic business (which can be valued in money); 3) With or without permission from the authorized agency/institution, and 4) By promising excessive, unreasonable and/or outside profit/profit determined by the competent authority.