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All Journal Jurnal Hukum, Politik dan Ilmu Sosial (JHPIS)
Nadhira Zahra Farida
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Law, Crime, Criminology & Criminal Justice Social Sciences

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Perbandingan Pengaturan Hukum Terkait Skema Ponzi : Perspektif Indonesia dan Amerika Serikat dalam Perlindungan Investor Rendy Claudio Krisna Iroth; Nadhira Zahra Farida; Ilham Daffi Syabana
JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 4 No. 1 (2025): Maret: JURNAL HUKUM, POLITIK DAN ILMU SOSIAL
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jhpis.v4i1.4826

Abstract

In Indonesia, the use of technology to make investments is getting easier as time goes by. However, it is unfortunate that some companies and individuals use this technology to run illegal businesses without a license from the Financial Services Authority. One form of illegal business that is on the rise is the Ponzi scheme system. A Ponzi scheme is a form of financial fraud in which the perpetrator offers a high rate of return/profit to investors, which is paid using newly incoming funds from subsequent investors. This research uses normative juridical research method, which is a legal research method conducted with the aim of finding legal principles and theories associated with existing practices in the field. This research is conducted by comparing the legal approach between the regulations in Indonesia and the United States related to Ponzi Schemes. Considering that in Indonesia the legal arrangements regarding Ponzi Schemes are generalized which makes Indonesia have no legal certainty for the protection of investors, through comparison with one of the countries with developed economies, namely the United States. This aims to provide a better understanding of the different legal approaches and efforts that can be made to overcome the Ponzi Scheme problem and can provide education to the public who may have a layman's understanding of Ponzi scheme investments.
Akibat Hukum Perceraian terhadap Harta Bersama pada Pasangan Tanpa Perjanjian Perkawinan dan Istri yang Menjalankan Kewajiban Suami dalam Mencari Nafkah Berdasarkan Perspektif Hukum Perkawinan dan Kompilasi Hukum Islam Nadhira Zahra Farida; Djanuardi Djanuardi; Sherly MIS
JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 3 No. 4 (2024): Desember: JURNAL HUKUM, POLITIK DAN ILMU SOSIAL (JHPIS)
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jhpis.v3i4.4323

Abstract

In the context of marriage law in Indonesia, divorce brings a number of legal consequences, one of which is the division of joint property. This situation becomes more complex when the couple does not have a marriage agreement and when the wife carries out her husband's obligations in earning a living. Examples of cases like this are contained in Supreme Court Decision Number 266/K/AG/2010 and Supreme Court Decision Number 1636/K/Pdt/2018. This research aims to explain the legal provisions and legal consequences of divorce on the distribution of joint assets between couples without a marriage agreement and wives who carry out their husband's obligations based on the perspective of marriage law and Islamic law. This research uses a normative juridical approach with analytical descriptive research specifications. Data collection techniques were carried out through literature study and interviews. The data analysis method used is qualitative juridical. The research results show that in resolving the implementation of the division of joint assets in marriage in Indonesia, legal practitioners can be guided by the Marriage Law and the Civil Code as the legal basis for resolving the division of marital assets. This is in accordance with Article 37 of the Marriage Law which states that in the event of a divorce, joint property is regulated according to respective laws. However, if there is a case where the wife carries out her husband's obligations in terms of earning a living, it will be returned in accordance with the Judge's decision based on consideration of supporting evidence and the portion of each party's contribution to the joint assets collected.
Co-Authors Djanuardi Djanuardi Ilham Daffi Syabana Rendy Claudio Krisna Iroth Sherly MIS