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Criminal Law Review of Investment Managers Who Implement Pyramid Schemes F. Martono, Yacob; Setyobowo Sangalang, Rizki; Januardy, Ivans; Ronggo Wicaksono, Restu
Jurnal Ilmu Hukum Tambun Bungai Vol 8 No 1 (2023): June 2023
Publisher : Sekolah Tinggi Ilmu Hukum Tambun Bungai Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61394/jihtb.v8i1.241

Abstract

Indonesian people's interest in investment is increasing, this is in line with current technological advances. The number of capital market investors in mid-October 2021 grew by around 68 percent from the end of 2020 which reached 3.88 million people. With advances in technology and the rapid flow of information in cyberspace, many people only think about the benefits to be gained from an investment and have no knowledge or lack of understanding about investments and their risks. This is proven by the large number of people who are victims of an illegal investment that implements schemes, for example in the investment case of capital injection (sunmod) for medical devices, the number of victims is estimated to reach 3,000 people with a loss of Rp. 1.2 Trillion. The schematic diagram is also interpreted as a fake investment system that pays old participants from the money of the new participants they recruit, not from real profits. This scheme is aimed at collapsing, because the revenue if any, will hurt the participants. The illegality of the scheme lies in the incurring of losses at a rate below the loss of the amount of money invested in the business. Investment business activities that apply schemes can be held criminally accountable for violating Law Number 7 of 2014 concerning Explanation of Trade Article 9. Law Number 8 of 1999 concerning Consumer Protection Article 8 paragraph (1) letters a, d, e, f, Article 9 paragraph (1) letters c, e, j, k, Article 10, Article 13 paragraph 1, Article 15, and Article 17 paragraph (1) letters a, b, c, d. Regulation of the Minister of Trade Number 70 of 2019 concerning the Direct Distribution of Goods Article 21 letter k, Law Number 21 of 2008, Article 59. Law of the Republic of Indonesia Number 10 of 1998 concerning Amendments to Law Number 7 of 1992 concerning Banking Article 46. ​​​​Law Number 8 of 1995 concerning Capital Markets Article 103. Article 378 of the Criminal Code concerning fraud.
Juridical Analysis of the Abuse of Kratom Herbal Plants According to Law Number 35 of2009 Concerning Narcotics Kurniadi, Dani; F. Martono, Yacob; F Dewi, Yurika
Jurnal Locus Penelitian dan Pengabdian Vol. 4 No. 10 (2025): JURNAL LOCUS: Penelitian dan Pengabdian
Publisher : Riviera Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58344/locus.v4i10.4768

Abstract

The development of the use of the herbal plant kratom as an alternative medicine and fulfillment of health needs continues to increase, both at the national and global levels. One of the herbal plants that attracts attention is one of the plants originating from Southeast Asia, including Indonesia, Malaysia, and Thailand (Hassan Z et al. 2013). In Buntok City, South Barito Regency, Central Kalimantan Province, kratom has long been used as part of traditional medicine practices by the local community. UNODC (United Nations Office on Drugs and Crime) in 2013 classified kratom as New Psychoactive Substances, then the Food and Drug Supervisory Agency (BPOM) issued Circular Number in 2016 concerning the Prohibition of the Use of Mitragyna speciosa (kratom) in Traditional Medicine and Food Supplements which was later supported by the National Narcotics Agency. This means that kratom leaves were still not prohibited until 2022. This study aims to analyze the legal status of the herbal plant kratom (Mitragyna speciosa) which has psychoactive effects but has not yet been included in the narcotics category in Indonesia. Kratom has been traditionally used in several regions, but lately it has been misused as a psychoactive substance that causes narcotic-like effects. This study uses a normative juridical approach with qualitative methods, through literature studies, and interviews with legal experts and health practitioners. The results show that kratom has not been specifically regulated in Law Number 35 of 2009 concerning Narcotics, although it has the potential to be misused. The recommendation of this research is to strengthen regulations related to kratom, either through revisions to the narcotics law or the creation of special regulations.