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All Journal Indonesian Economic Review Business Management Research
Moh. Ja’far Sodiq Maksum
Unknown Affiliation
Decision Sciences, Operations Research & Management Economics, Econometrics & Finance

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Legal Implications of Civil and Criminal Law on Investment Fraud Under the Guise of Online Business Moh. Ja’far Sodiq Maksum
Indonesian Economic Review Vol. 4 No. 1 (2024): Indonesian Economic Review
Publisher : Cahaya Abadi Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53787/iconev.v4i1.53

Abstract

The development of digital technology has opened new opportunities in online platform-based investments, but it has also increased the risk of fraud disguised as legal businesses. The prevalence of online investment fraud in Indonesia shows that national laws have not fully been able to respond to the complexity of increasingly sophisticated and cross-border digital crimes. This study aims to examine the legal implications, both civil and criminal, of online investment fraud practices and to propose an integrative and adaptive legal approach. The method used is Systematic Literature Review (SLR), by reviewing scientific articles, regulations, and relevant court decisions from 2014 to 2024, based on the PRISMA stages. Research findings indicate that perpetrators employ various modalities such as Ponzi schemes, illegal MLM, and cryptocurrency manipulation, targeting communities with low legal literacy. From the civil perspective, challenges arise regarding the validity of digital contracts and the execution of compensation, while from the criminal perspective, proving elements of fraud and tracking down offenders poses significant challenges. Additionally, the dualism of legal approaches weakens and makes victim protection ineffective. This study concludes that civil and criminal law must synergize through regulatory reform, strengthening institutions, and enhancing public legal literacy to ensure justice and security in digital investment. Legal reforms based on inter-institutional collaboration and responsive to digital dynamics are key to breaking the cycle of fraud that undermines public trust in the national legal and economic system.
Juridical and Microeconomic Analysis of Franchise Agreements as Business Investment Instruments Moh. Ja’far Sodiq Maksum; Wisnu Mahendri
Business Management Research Vol. 4 No. 2 (2025): July 2025
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/bismar.v4i2.15985

Abstract

Franchise agreements are modern business instruments that integrate legal, economic, and ethical aspects within a unified framework of partnership. This study aims to analyze the juridical aspects and microeconomic approach to franchise agreements in Indonesia, using a case study of the agreement between PT Indomarco Prismatama (Indomaret) and its partner. Employing a normative juridical approach and descriptive qualitative analysis, the study finds that franchise agreements are legally valid but often unilateral and marked by an imbalance of contractual power. From an economic perspective, the distribution of incentives and risks remains inefficient and inequitable. Furthermore, the implementation of business ethics remains challenging, particularly in terms of transparency and franchisor's social responsibility toward franchisees. This study recommends policy reform, fairer contract design, and strengthening legal capacity among franchisees to foster a more balanced and sustainable business partnership.
Co-Authors Mahendri, Wisnu